|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Mar 10, 2025 |
print number 3007b |
| Mar 10, 2025 |
amend (t) and recommit to finance |
| Feb 21, 2025 |
print number 3007a |
| Feb 21, 2025 |
amend (t) and recommit to finance |
| Jan 22, 2025 |
referred to finance |
Senate Bill S3007B
2025-2026 Legislative Session
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2025-S3007 - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3007 - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; repeals the state Medicaid spending cap and related processes (Part A); extends the effectiveness of various provisions relating to social services and healthcare and determines which contracts shall expire September 30, 2025 until September 30, 2026 (Part B); relates to supplemental hospital payments (Part D)
2025-S3007 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3007 A. 3007
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend part H of chapter 59 of the laws of 2011, amending the
public health law and other laws relating to general hospital
reimbursement for annual rates, in relation to known and projected
department of health state fund medicaid expenditures (Part A); to
amend part B of chapter 57 of the laws of 2015, amending the social
services law and other laws relating to supplemental rebates, in
relation to extending the expiration thereof; to amend chapter 942 of
the laws of 1983 and chapter 541 of the laws of 1984 relating to
foster family care demonstration programs, in relation to extending
the expirations thereof; to amend chapter 256 of the laws of 1985,
amending the social services law and other laws relating to foster
family care demonstration programs, in relation to extending the expi-
ration thereof; to amend the social services law, in relation to
extending provisions relating to health and mental hygiene; to amend
part C of chapter 58 of the laws of 2009, amending the public health
law relating to payment by governmental agencies for general hospital
inpatient services, in relation to the effectiveness thereof; to amend
chapter 474 of the laws of 1996, amending the education law and other
laws relating to rates for residential healthcare facilities, in
relation to the effectiveness thereof; to amend section 2 of chapter
137 of the laws of 2023, amending the public health law relating to
establishing a community-based paramedicine demonstration program, in
relation to extending the effectiveness thereof; to amend chapter 81
of the laws of 1995, amending the public health law and other laws
relating to medical reimbursement and welfare reform, in relation to
extending the effectiveness of certain provisions thereof; to amend
part FFF of chapter 59 of the laws of 2018, amending the public health
law relating to authorizing the commissioner of health to redeploy
excess reserves of certain not-for-profit managed care organizations,
in relation to the effectiveness thereof; to amend chapter 451 of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-01-5
S. 3007 2 A. 3007
laws of 2007, amending the public health law, the social services law
and the insurance law relating to providing enhanced consumer and
provider protections, in relation to the effectiveness of certain
provisions relating to contracts between plans, insurers, or corpo-
rations and hospitals; to amend the public health law, in relation to
reimbursement rate promulgation for residential health care facili-
ties, and in relation to certified home health agency services
payments; to amend part C of chapter 60 of the laws of 2014, amending
the social services law relating to fair hearings within the Fully
Integrated Duals Advantage program, in relation to the effectiveness
thereof; to amend chapter 884 of the laws of 1990, amending the public
health law relating to authorizing bad debt and charity care allow-
ances for certified home health agencies, in relation to extending the
provisions thereof; to amend chapter 81 of the laws of 1995, amending
the public health law and other laws relating to medical reimbursement
and welfare reform, in relation to the effectiveness of certain
provisions thereof; to amend part A of chapter 56 of the laws of 2013,
amending chapter 59 of the laws of 2011 amending the public health law
and other laws relating to general hospital reimbursement for annual
rates, in relation to extending government rates for behavioral
services; to amend the public health law, in relation to gross
receipts for general hospital assessments; to amend part MM of chapter
57 of the laws of 2021 amending the public health law relating to
aiding in the transition to adulthood for children with medical
fragility living in pediatric nursing homes and other settings, in
relation to the effectiveness thereof; to amend chapter 633 of the
laws of 2006, amending the public health law relating to the home
based primary care for the elderly demonstration project, in relation
to the effectiveness thereof; to amend chapter 19 of the laws of 1998,
amending the social services law relating to limiting the method of
payment for prescription drugs under the medical assistance program,
in relation to the effectiveness thereof; to amend part BBB of chapter
56 of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program
eligibility from two hundred to two hundred fifty percent, in relation
to extending certain provisions related to providing long-term
services and supports under the essential plan; to amend the social
services law, in relation to which contracts stay in force after
September 30, 2025; and to amend part MM of chapter 56 of the laws of
2020 directing the department of health to establish or procure the
services of an independent panel of clinical professionals and to
develop and implement a uniform task-based assessment tool, in
relation to which contracts stay in force after September 30, 2025
(Part B); to amend the public health law, in relation to prescriber
prevails; and to repeal certain provisions of the social services law
relating to coverage for certain prescription drugs (Part C); to amend
the public health law, in relation to reducing the hospital capital
rate add-on (Part D); to amend the financial services law, in relation
to excluding managed care plans from the independent resolution proc-
ess; and to amend the social services law, in relation to shifting
long-term nursing home stays from managed care to fee for service, and
authorizing penalties for managed care plans that do not meet contrac-
tual obligations (Part E); to amend the public health law, in relation
to establishing a tax on managed care providers; to amend the state
S. 3007 3 A. 3007
finance law, in relation to the healthcare stability fund; and to
amend part I of chapter 57 of the laws of 2022 providing a one percent
across the board payment increase to all qualifying fee-for-service
Medicaid rates, in relation to certain Medicaid payments made for
certain medical services (Part F); to amend chapter 266 of the laws of
1986 amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, in relation to insur-
ance coverage paid for by funds from the hospital excess liability
pool and extending the effectiveness of certain provisions thereof; to
amend part J of chapter 63 of the laws of 2001 amending chapter 266 of
the laws of 1986 amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, in
relation to extending certain provisions concerning the hospital
excess liability pool; and to amend part H of chapter 57 of the laws
of 2017 amending the New York Health Care Reform Act of 1996 and other
laws relating to extending certain provisions relating thereto, in
relation to extending provisions relating to excess coverage (Part G);
to repeal section 461-s of the social services law relating to enhanc-
ing the quality of adult living; to repeal paragraph (c) of subdivi-
sion 1 of section 461-b of the social services law, relating to
enriched housing programs; to amend the public health law and the
state finance law, in relation to the discontinuation of the empire
clinical research investigator program; and to repeal article 27-H of
the public health law relating to the tick-borne disease institute
(Part H); to amend the public health law, in relation to eliminating
the fees paid by funeral directors for permits for burials and
removals which are used to support the electronic death registration
system; and to repeal certain provisions of such law relating thereto
(Part I); to amend the public health law, in relation to the due date
for awards applied for under the statewide health care facility trans-
formation III program (Part J); to amend the public health law, in
relation to appointing a temporary operator for general hospitals,
diagnostic and treatment centers, and adult care facilities (Part K);
to amend the public health law, in relation to removing the require-
ment that consent for the payment of certain medical services must
occur after such services are administered (Part L); to amend the
public health law, in relation to requiring general hospitals to
report community benefit spending (Part M); to amend the public health
law, in relation to expanding the purposes of the spinal cord injury
research board (Part N); to amend the public health law, in relation
to updating controlled substance schedules to conform with those of
the federal drug enforcement administration and updating the term
"addict" to "person with a substance use disorder" (Part O); to amend
the public health law, in relation to emergency medical treatment
protocols for maternity patients; and to amend the education law, in
relation to labeling of abortion medications (Part P); to amend the
social services law and the public health law, in relation to estab-
lishing increased coverage of care as well as availability of care for
infertility treatments; and to repeal section 4 of part K of chapter
82 of the laws of 2002 amending the insurance law and the public
health law relating to coverage for the diagnosis and treatment of
infertility, relating to the establishment of a program to provide
grants to health care providers for improving access to infertility
services (Part Q); to amend the public health law and the general
municipal law, in relation to requiring the development of a statewide
comprehensive emergency medical system plan and county EMS plans, and
S. 3007 4 A. 3007
declaring EMS an essential service (Part R); to amend the public
health law, in relation to strengthening material transactions report-
ing requirements (Part S); to amend the public health law, in relation
to requiring hospitals to maintain sexual assault forensic examiners
at their facilities (Part T); to amend the public health law, in
relation to eliminating administrative barriers to, and offset actual
costs of, timely fulfillment of vital records requests; and to repeal
certain provisions of such law relating thereto (Part U); to amend the
education law and the public health law, in relation to the scope of
practice of certified nurse aides; and providing for the repeal of
such provisions upon the expiration thereof (Subpart A); to amend the
education law and the public health law, in relation to the scope and
practice of medical assistants (Subpart B); to amend the education
law, in relation to the administration of certain immunizations by
pharmacists and pharmacy technicians (Subpart C); to amend the educa-
tion law, in relation to authorizing a licensed pharmacist to
prescribe and order medications to treat nicotine dependence for smok-
ing cessation (Subpart D); to repeal certain articles of the education
law governing certain healthcare professions and adding such laws to
the public health law and transferring all functions, powers, duties,
obligations and appropriations relating thereto (Subpart E); and to
amend the education law and the public health law, in relation to
physician assistants (Subpart F) (Part V); to amend the education law,
in relation to enacting the nurse licensure compact (Part W); to amend
the education law, in relation to the scope of practice of dental
hygienists (Part X); to amend the public health law, in relation to
extending hospital services outside the facility and into patients'
residences (Part Y); to amend chapter 565 of the laws of 2022 amending
the state finance law relating to preferred source status for entities
that provide employment to certain persons, in relation to the effec-
tiveness thereof (Part Z); to amend part NN of chapter 58 of the laws
of 2015, amending the mental hygiene law relating to clarifying the
authority of the commissioners in the department of mental hygiene to
design and implement time-limited demonstration programs, in relation
to the effectiveness thereof (Part AA); to amend part L of chapter 59
of the laws of 2016, amending the mental hygiene law relating to the
appointment of temporary operators for the continued operation of
programs and the provision of services for persons with serious mental
illness and/or developmental disabilities and/or chemical depend-
ence, in relation to the effectiveness thereof (Part BB); to amend
part A of chapter 56 of the laws of 2013, amending the social services
law and other laws relating to enacting the major components of legis-
lation necessary to implement the health and mental hygiene budget for
the 2013-2014 state fiscal year, in relation to the effectiveness of
certain provisions thereof (Part CC); to amend the mental hygiene law
and the public health law, in relation to adding homeless youth to the
definition of minors for the purpose of consent for certain treatment
(Part DD); to amend the mental hygiene law, in relation to involuntary
admission and assisted outpatient treatment (Part EE); and in relation
to establishing a targeted inflationary increase for designated
programs (Part FF)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
S. 3007 5 A. 3007
Section 1. This act enacts into law major components of legislation
necessary to implement the state health and mental hygiene budget for
the 2025-2026 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through FF. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
PART A
Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of
chapter 59 of the laws of 2011, amending the public health law and other
laws relating to general hospital reimbursement for annual rates, as
amended by section 1 of part A of chapter 57 of the laws of 2024, is
amended to read as follows:
(a) For state fiscal years 2011-12 through [2025-26] 2026-27, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a quarterly basis, as reflected in quarterly reports pursuant to
subdivision five of this section known and projected department of
health state funds medicaid expenditures by category of service and by
geographic regions, as defined by the commissioner.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART B
Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of
the laws of 2015, amending the social services law and other laws relat-
ing to supplemental rebates, as amended by section 10 of part BB of
chapter 56 of the laws of 2020, is amended to read as follows:
1-a. section fifty-two of this act shall expire and be deemed repealed
March 31, [2025] 2030;
§ 2. Section 3 of chapter 942 of the laws of 1983, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire December
31, [2025] 2027.
§ 3. Section 3 of chapter 541 of the laws of 1984, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This section and subdivision two of section two of this act shall
take effect immediately and the remaining provisions of this act shall
take effect on the one hundred twentieth day next thereafter. This act
shall expire December 31, [2025] 2027.
§ 4. Section 6 of chapter 256 of the laws of 1985, amending the social
services law and other laws relating to foster family care demonstration
programs, as amended by chapter 264 of the laws of 2021, is amended to
read as follows:
§ 6. This act shall take effect immediately and shall expire December
31, [2025] 2027 and upon such date the provisions of this act shall be
deemed to be repealed.
S. 3007 6 A. 3007
§ 5. The opening paragraph of paragraph (m) of subdivision 3 of
section 461-l of the social services law, as amended by section 1 of
part CC of chapter 57 of the laws of 2022, is amended to read as
follows:
Beginning April first, two thousand [twenty-five] TWENTY-SIX, addi-
tional assisted living program beds shall be approved on a case by case
basis whenever the commissioner of health is satisfied that public need
exists at the time and place and under circumstances proposed by the
applicant.
§ 6. Subdivision (f) of section 129 of part C of chapter 58 of the
laws of 2009, amending the public health law relating to payment by
governmental agencies for general hospital inpatient services, as
amended by section 2 of part CC of chapter 57 of the laws of 2022, is
amended to read as follows:
(f) section twenty-five of this act shall expire and be deemed
repealed April 1, [2025] 2028;
§ 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of
the laws of 1996, amending the education law and other laws relating to
rates for residential healthcare facilities, as amended by section 4 of
part CC of chapter 57 of the laws of 2022, is amended to read as
follows:
(a) Notwithstanding any inconsistent provision of law or regulation to
the contrary, effective beginning August 1, 1996, for the period April
1, 1997 through March 31, 1998, April 1, 1998 for the period April 1,
1998 through March 31, 1999, August 1, 1999, for the period April 1,
1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
through March 31, 2001, April 1, 2001, for the period April 1, 2001
through March 31, 2002, April 1, 2002, for the period April 1, 2002
through March 31, 2003, and for the state fiscal year beginning April 1,
2005 through March 31, 2006, and for the state fiscal year beginning
April 1, 2006 through March 31, 2007, and for the state fiscal year
beginning April 1, 2007 through March 31, 2008, and for the state fiscal
year beginning April 1, 2008 through March 31, 2009, and for the state
fiscal year beginning April 1, 2009 through March 31, 2010, and for the
state fiscal year beginning April 1, 2010 through March 31, 2016, and
for the state fiscal year beginning April 1, 2016 through March 31,
2019, and for the state fiscal year beginning April 1, 2019 through
March 31, 2022, and for the state fiscal year beginning April 1, 2022
through March 31, 2025, AND FOR THE STATE FISCAL YEAR BEGINNING APRIL 1,
2025 THROUGH MARCH 31, 2028, the department of health is authorized to
pay public general hospitals, as defined in subdivision 10 of section
2801 of the public health law, operated by the state of New York or by
the state university of New York or by a county, which shall not include
a city with a population of over one million, of the state of New York,
and those public general hospitals located in the county of Westchester,
the county of Erie or the county of Nassau, additional payments for
inpatient hospital services as medical assistance payments pursuant to
title 11 of article 5 of the social services law for patients eligible
for federal financial participation under title XIX of the federal
social security act in medical assistance pursuant to the federal laws
and regulations governing disproportionate share payments to hospitals
up to one hundred percent of each such public general hospital's medical
assistance and uninsured patient losses after all other medical assist-
ance, including disproportionate share payments to such public general
hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on
reported 1994 reconciled data as further reconciled to actual reported
S. 3007 7 A. 3007
1996 reconciled data, and for 1997 based initially on reported 1995
reconciled data as further reconciled to actual reported 1997 reconciled
data, for 1998 based initially on reported 1995 reconciled data as
further reconciled to actual reported 1998 reconciled data, for 1999
based initially on reported 1995 reconciled data as further reconciled
to actual reported 1999 reconciled data, for 2000 based initially on
reported 1995 reconciled data as further reconciled to actual reported
2000 data, for 2001 based initially on reported 1995 reconciled data as
further reconciled to actual reported 2001 data, for 2002 based initial-
ly on reported 2000 reconciled data as further reconciled to actual
reported 2002 data, and for state fiscal years beginning on April 1,
2005, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2005, and for state fiscal years
beginning on April 1, 2006, based initially on reported 2000 reconciled
data as further reconciled to actual reported data for 2006, for state
fiscal years beginning on and after April 1, 2007 through March 31,
2009, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2007 and 2008, respectively, for state
fiscal years beginning on and after April 1, 2009, based initially on
reported 2007 reconciled data, adjusted for authorized Medicaid rate
changes applicable to the state fiscal year, and as further reconciled
to actual reported data for 2009, for state fiscal years beginning on
and after April 1, 2010, based initially on reported reconciled data
from the base year two years prior to the payment year, adjusted for
authorized Medicaid rate changes applicable to the state fiscal year,
and further reconciled to actual reported data from such payment year,
and to actual reported data for each respective succeeding year. The
payments may be added to rates of payment or made as aggregate payments
to an eligible public general hospital.
§ 8. Section 2 of chapter 137 of the laws of 2023, amending the public
health law relating to establishing a community-based paramedicine
demonstration program, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [2] 4 years after such date; provided, however, that if
this act shall have become a law on or after May 22, 2023 this act shall
take effect immediately and shall be deemed to have been in full force
and effect on and after May 22, 2023.
§ 9. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by chapter 161 of the laws
of 2023, is amended to read as follows:
12. Sections one hundred five-b through one hundred five-f of this act
shall expire June 30, [2025] 2027.
§ 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of
2018, amending the public health law relating to authorizing the commis-
sioner of health to redeploy excess reserves of certain not-for-profit
managed care organizations, as amended by chapter 197 of the laws of
2023, is amended to read as follows:
§ 2. This act shall take effect August 1, 2018 and shall expire and be
deemed repealed August 1, [2025] 2027, but, shall not apply to any enti-
ty or any subsidiary or affiliate of such entity that disposes of all or
a material portion of its assets pursuant to a transaction that: (1) was
the subject of a request for regulatory approval first made to the
commissioner of health between January 1, 2017, and December 31, 2017;
and (2) receives regulatory approval from the commissioner of health
prior to July 31, 2018.
S. 3007 8 A. 3007
§ 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
amending the public health law, the social services law and the insur-
ance law relating to providing enhanced consumer and provider
protections, as amended by section 1 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
1. sections four, eleven and thirteen of this act shall take effect
immediately and shall expire and be deemed repealed June 30, [2025]
2027;
§ 12. Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 12 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal years beginning April first, two
thousand ten [and ending March thirty-first, two thousand twenty-five],
the commissioner shall not be required to revise certified rates of
payment established pursuant to this article [for rate periods prior to
April first, two thousand twenty-five], based on consideration of rate
appeals filed by residential health care facilities or based upon
adjustments to capital cost reimbursement as a result of approval by the
commissioner of an application for construction under section twenty-
eight hundred two of this article, in excess of an aggregate annual
amount of eighty million dollars for each such state fiscal year
provided, however, that for the period April first, two thousand eleven
through March thirty-first, two thousand twelve such aggregate annual
amount shall be fifty million dollars. In revising such rates within
such fiscal limit, the commissioner shall, in prioritizing such rate
appeals, include consideration of which facilities the commissioner
determines are facing significant financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve multiple pending rate appeals
based upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any amounts owed by the facility to the
department, including, but not limited to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described shall continue
[on and after April first, two thousand twenty-five]. Rate adjustments
made pursuant to this paragraph remain fully subject to approval by the
director of the budget in accordance with the provisions of subdivision
two of section twenty-eight hundred seven of this article.
§ 13. Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as amended by section 13 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(a) Notwithstanding any inconsistent provision of law or regulation
and subject to the availability of federal financial participation,
effective April first, two thousand twelve [through March thirty-first,
two thousand twenty-five] AND THEREAFTER, payments by government agen-
cies for services provided by certified home health agencies, except for
such services provided to children under eighteen years of age and other
discreet groups as may be determined by the commissioner pursuant to
regulations, shall be based on episodic payments. In establishing such
payments, a statewide base price shall be established for each sixty day
episode of care and adjusted by a regional wage index factor and an
individual patient case mix index. Such episodic payments may be further
adjusted for low utilization cases and to reflect a percentage limita-
S. 3007 9 A. 3007
tion of the cost for high-utilization cases that exceed outlier thresh-
olds of such payments.
§ 14. Subdivision 4-a of section 71 of part C of chapter 60 of the
laws of 2014, amending the social services law relating to fair hearings
within the Fully Integrated Duals Advantage program, as amended by
section 27 of part B of chapter 57 of the laws of 2023, is amended to
read as follows:
4-a. section twenty-two of this act shall take effect April 1, 2014,
and shall be deemed expired January 1, [2026] 2028;
§ 15. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 29
of part B of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996, AND
(b) [sections four through ten shall expire on June 30, 2025, and
(c)] provided that the amendment to section 2807-b of the public
health law by section two of this act shall not affect the expiration of
such section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 16. Subdivision 5-a of section 246 of chapter 81 of the laws of
1995, amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 30 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
and on and after April 1, 2019 through March 31, 2021, and on and after
April 1, 2021 through March 31, 2023, and on and after April 1, 2023
through March 31, 2025, AND THEREAFTER;
§ 17. Section 64-b of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical reimbursement and
welfare reform, as amended by section 31 of part B of chapter 57 of the
laws of 2023, is amended to read as follows:
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, 2025, AND THEREAFTER.
§ 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
ing chapter 59 of the laws of 2011 amending the public health law and
S. 3007 10 A. 3007
other laws relating to general hospital reimbursement for annual rates,
as amended by section 32 of part B of chapter 57 of the laws of 2023, is
amended to read as follows:
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, 2017 [through March 31, 2025] AND THEREAFTER,
for inpatient and outpatient services provided by general hospitals, for
inpatient services and adult day health care outpatient services
provided by residential health care facilities pursuant to article 28 of
the public health law, except for residential health care facilities or
units of such facilities providing services primarily to children under
twenty-one years of age, for home health care services provided pursuant
to article 36 of the public health law by certified home health agen-
cies, long term home health care programs and AIDS home care programs,
and for personal care services provided pursuant to section 365-a of the
social services law, the commissioner of health shall apply no greater
than zero trend factors attributable to the 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024 and 2025 calendar years AND THEREAFTER in accord-
ance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such no greater than zero
trend factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024 and 2025 calendar years AND THEREAFTER shall also be applied
to rates of payment provided on and after January 1, 2017 [through March
31, 2025] AND THEREAFTER for personal care services provided in those
local social services districts, including New York city, whose rates of
payment for such services are established by such local social services
districts pursuant to a rate-setting exemption issued by the commission-
er of health to such local social services districts in accordance with
applicable regulations; and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary 1, 2017 [through March 31, 2025] AND THEREAFTER, such trend factors
attributable to the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and
2025 calendar years AND THEREAFTER shall be established at no greater
than zero percent.
§ 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 33 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, 2025, AND THEREAFTER;
S. 3007 11 A. 3007
§ 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 34 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, and further provided that for all such gross receipts
received on or after April first, two thousand seventeen through March
thirty-first, two thousand nineteen such assessment shall be six
percent, and further provided that for all such gross receipts received
on or after April first, two thousand nineteen through March thirty-
first, two thousand twenty-one such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand twenty-one through March thirty-first, two
thousand twenty-three such assessment shall be six percent, and further
provided that for all such gross receipts received on or after April
first, two thousand twenty-three through March thirty-first, two thou-
sand twenty-five such assessment shall be six percent, AND FURTHER
PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE SUCH ASSESSMENT SHALL BE SIX PERCENT.
§ 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending
the public health law relating to aiding in the transition to adulthood
for children with medical fragility living in pediatric nursing homes
and other settings, as amended by section 35 of part B of chapter 57 of
the laws of 2023, is amended to read as follows:
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that section one of this
act shall expire and be deemed repealed [four] SIX years after such
effective date; and provided further, that section two of this act shall
expire and be deemed repealed [five] SEVEN years after such effective
date.
§ 22. Section 2 of chapter 633 of the laws of 2006, amending the
public health law relating to the home based primary care for the elder-
S. 3007 12 A. 3007
ly demonstration project, as amended by section 1 of item OOO of subpart
B of part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, [2026] 2031.
§ 23. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 14 of
part B of chapter 57 of the laws of 2023, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law [and shall expire and be deemed repealed March 31, 2025].
§ 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56
of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program eligi-
bility from two hundred to two hundred fifty percent, as amended by
section 3 of part J of chapter 57 of the laws of 2024, are amended to
read as follows:
(b) section four of this act shall expire and be deemed repealed
December 31, [2025] 2030; provided, however, the amendments to paragraph
(c) of subdivision 1 of section 369-gg of the social services law made
by such section of this act shall be subject to the expiration and
reversion of such paragraph pursuant to section 2 of part H of chapter
57 of the laws of 2021 when upon such date, the provisions of section
five of this act shall take effect; provided, however, the amendments to
such paragraph made by section five of this act shall expire and be
deemed repealed December 31, [2025] 2030;
(c) section six of this act shall take effect January 1, [2026] 2031;
provided, however, the amendments to paragraph (c) of subdivision 1 of
section 369-gg of the social services law made by such section of this
act shall be subject to the expiration and reversion of such paragraph
pursuant to section 2 of part H of chapter 57 of the laws of 2021 when
upon such date, the provisions of section seven of this act shall take
effect; and
§ 25. Subdivision 10 of section 365-a of the social services law, as
amended by section 1 of part QQ of chapter 57 of the laws of 2022, is
amended to read as follows:
10. The department of health shall establish or procure the services
of an independent assessor or assessors no later than October 1, 2022,
in a manner and schedule as determined by the commissioner of health, to
take over from local departments of social services, Medicaid Managed
Care providers, and Medicaid managed long term care plans performance of
assessments and reassessments required for determining individuals'
needs for personal care services, including as provided through the
consumer directed personal assistance program, and other services or
programs available pursuant to the state's medical assistance program as
determined by such commissioner for the purpose of improving efficiency,
quality, and reliability in assessment and to determine individuals'
eligibility for Medicaid managed long term care plans. Notwithstanding
the provisions of section one hundred sixty-three of the state finance
law, or sections one hundred forty-two and one hundred forty-three of
the economic development law, or any contrary provision of law,
contracts may be entered or the commissioner may amend and extend the
terms of a contract awarded prior to the effective date and entered into
to conduct enrollment broker and conflict-free evaluation services for
S. 3007 13 A. 3007
the Medicaid program, if such contract or contract amendment is for the
purpose of procuring such assessment services from an independent asses-
sor. Contracts entered into, amended, or extended pursuant to this
subdivision shall not remain in force beyond September 30, [2025] 2026.
§ 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct-
ing the department of health to establish or procure the services of an
independent panel of clinical professionals and to develop and implement
a uniform task-based assessment tool, as amended by section 3 of part QQ
of chapter 57 of the laws of 2022, is amended to read as follows:
§ 20. The department of health shall establish or procure services of
an independent panel or panels of clinical professionals no later than
October 1, 2022, in a manner and schedule as determined by the commis-
sioner of health, to provide as appropriate independent physician or
other applicable clinician orders for personal care services, including
as provided through the consumer directed personal assistance program,
available pursuant to the state's medical assistance program and to
determine eligibility for the consumer directed personal assistance
program. Notwithstanding the provisions of section 163 of the state
finance law, or sections 142 and 143 of the economic development law, or
any contrary provision of law, contracts may be entered or the commis-
sioner of health may amend and extend the terms of a contract awarded
prior to the effective date and entered into to conduct enrollment
broker and conflict-free evaluation services for the Medicaid program,
if such contract or contract amendment is for the purpose of establish-
ing an independent panel or panels of clinical professionals as
described in this section. Contracts entered into, amended, or extended
pursuant to this section shall not remain in force beyond September 30,
[2025] 2026.
§ 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART C
Section 1. Paragraph (b) of subdivision 3 of section 273 of the public
health law, as added by section 10 of part C of chapter 58 of the laws
of 2005, is amended to read as follows:
(b) In the event that the patient does not meet the criteria in para-
graph (a) of this subdivision, the prescriber may provide additional
information to the program to justify the use of a prescription drug
that is not on the preferred drug list. The program shall provide a
reasonable opportunity for a prescriber to reasonably present [his or
her] THE PRESCRIBER'S justification of prior authorization. [If, after
consultation with the program, the prescriber, in his or her reasonable
professional judgment, determines that] THE PROGRAM WILL CONSIDER THE
ADDITIONAL INFORMATION AND THE JUSTIFICATION PRESENTED TO DETERMINE
WHETHER the use of a prescription drug that is not on the preferred drug
list is warranted, AND the [prescriber's] PROGRAM'S determination shall
be final.
§ 2. Subdivisions 25 and 25-a of section 364-j of the social services
law are REPEALED.
§ 3. This act shall take effect January 1, 2026.
PART D
Section 1. The opening paragraph of subparagraph (i) of paragraph (i)
of subdivision 35 of section 2807-c of the public health law, as amended
S. 3007 14 A. 3007
by section 5 of part D of chapter 57 of the laws of 2024, is amended to
read as follows:
Notwithstanding any inconsistent provision of this subdivision or any
other contrary provision of law and subject to the availability of
federal financial participation, for each state fiscal year from July
first, two thousand ten through December thirty-first, two thousand
twenty-four; and for the calendar year January first, two thousand twen-
ty-five through December thirty-first, two thousand twenty-five[; and
for each calendar year thereafter], the commissioner shall make addi-
tional inpatient hospital payments up to the aggregate upper payment
limit for inpatient hospital services after all other medical assistance
payments, but not to exceed two hundred thirty-five million five hundred
thousand dollars for the period July first, two thousand ten through
March thirty-first, two thousand eleven, three hundred fourteen million
dollars for each state fiscal year beginning April first, two thousand
eleven, through March thirty-first, two thousand thirteen, and no less
than three hundred thirty-nine million dollars for each state fiscal
year until December thirty-first, two thousand twenty-four; and then
from calendar year January first, two thousand twenty-five through
December thirty-first, two thousand twenty-five[; and for each calendar
year thereafter], to general hospitals, other than major public general
hospitals, providing emergency room services and including safety net
hospitals, which shall, for the purpose of this paragraph, be defined as
having either: a Medicaid share of total inpatient hospital discharges
of at least thirty-five percent, including both fee-for-service and
managed care discharges for acute and exempt services; or a Medicaid
share of total discharges of at least thirty percent, including both
fee-for-service and managed care discharges for acute and exempt
services, and also providing obstetrical services. Eligibility to
receive such additional payments shall be based on data from the period
two years prior to the rate year, as reported on the institutional cost
report submitted to the department as of October first of the prior rate
year. Such payments shall be made as medical assistance payments for
fee-for-service inpatient hospital services pursuant to title eleven of
article five of the social services law for patients eligible for feder-
al financial participation under title XIX of the federal social securi-
ty act and in accordance with the following:
§ 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision
5-d of section 2807-k of the public health law, as amended by section 1
of part E of chapter 57 of the laws of 2023, is amended to read as
follows:
(A) (1) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals;
(2) FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-FIVE AND THEREAFTER,
THE TOTAL DISTRIBUTIONS TO MAJOR PUBLIC GENERAL HOSPITALS SHALL BE
SUBJECT TO AN AGGREGATE REDUCTION OF ONE HUNDRED THIRTEEN MILLION FOUR
HUNDRED THOUSAND DOLLARS ANNUALLY, PROVIDED THAT GENERAL HOSPITALS OPER-
ATED BY THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION AS ESTAB-
LISHED BY CHAPTER ONE THOUSAND SIXTEEN OF THE LAWS OF NINETEEN HUNDRED
SIXTY-NINE, AS AMENDED, SHALL NOT RECEIVE DISTRIBUTIONS PURSUANT TO THIS
SUBDIVISION; and
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART E
S. 3007 15 A. 3007
Section 1. Section 602 of the financial services law, as added by
section 26 of part H of chapter 60 of the laws of 2014, is amended to
read as follows:
§ 602. Applicability. [(a)] This article shall not apply to health
care services, including emergency services, where physician fees are
subject to schedules or other monetary limitations under any other law,
including the workers' compensation law and article fifty-one of the
insurance law, and shall not preempt any such law. THIS ARTICLE ALSO
SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES,
SUBJECT TO MEDICAL ASSISTANCE PROGRAM COVERAGE PROVIDED PURSUANT TO
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW.
§ 2. Subdivision 3 of section 364-j of the social services law is
amended by adding a new paragraph (d-4) to read as follows:
(D-4) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
MEDICAL ASSISTANCE RECIPIENTS SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
THE MANAGED CARE PROGRAM AUTHORIZED BY THIS SECTION OR OTHER CARE COOR-
DINATION MODEL ESTABLISHED BY ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW: ANY PERSON WHO IS PERMANENTLY PLACED IN A RESIDENTIAL HEALTH CARE
FACILITY FOR A CONSECUTIVE PERIOD OF THREE MONTHS OR MORE. HOWEVER,
NOTHING IN THIS PARAGRAPH SHOULD BE CONSTRUED TO APPLY TO ENROLLEES IN
THE MEDICAID ADVANTAGE PLUS PROGRAM, DEVELOPED TO ENROLL PERSONS IN
MANAGED LONG-TERM CARE WHO ARE NURSING HOME CERTIFIABLE AND WHO ARE
DUALLY ELIGIBLE PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-F OF THE
PUBLIC HEALTH LAW. IN IMPLEMENTING THIS PROVISION, THE DEPARTMENT SHALL
CONTINUE TO SUPPORT SERVICE DELIVERY AND OUTCOMES THAT RESULT IN COMMU-
NITY LIVING FOR ENROLLEES.
§ 3. Section 364-j of the social services law is amended by adding a
new subdivision 40 to read as follows:
40. (A) THE COMMISSIONER SHALL BE ENTITLED TO PENALIZE MANAGED CARE
PROVIDERS FOR FAILURE TO MEET THE CONTRACTUAL OBLIGATIONS AND PERFORM-
ANCE STANDARDS OF THE EXECUTED CONTRACT BETWEEN THE STATE AND A MANAGED
CARE PROVIDER IN PLACE AT THE TIME OF THE FAILURE.
(B) THE COMMISSIONER SHALL HAVE SOLE DISCRETION IN DETERMINING WHETHER
TO IMPOSE A PENALTY FOR NONCOMPLIANCE WITH ANY PROVISION OF SUCH
CONTRACT.
(C) (I) PENALTIES IMPOSED BY THIS SUBDIVISION AGAINST A MANAGED CARE
PROVIDER SHALL BE FROM TWO HUNDRED FIFTY DOLLARS UP TO TWENTY-FIVE THOU-
SAND DOLLARS PER VIOLATION DEPENDING ON THE SEVERITY OF THE NONCOMPLI-
ANCE AS DETERMINED BY THE COMMISSIONER.
(II) THE COMMISSIONER MAY ELECT, IN THEIR SOLE DISCRETION, TO ASSESS
PENALTIES IMPOSED BY THIS SECTION FROM, AND AS A SET OFF AGAINST,
PAYMENTS DUE TO THE MANAGED CARE PROVIDER, OR PAYMENTS THAT BECOMES DUE
ANY TIME AFTER THE ASSESSMENT OF PENALTIES. DEDUCTIONS MAY CONTINUE
UNTIL THE FULL AMOUNT OF THE NOTICED PENALTIES ARE PAID IN FULL.
(III) ALL PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS
SUBDIVISION SHALL BE PAID OUT OF THE ADMINISTRATIVE COSTS AND PROFITS OF
THE MANAGED CARE PROVIDER. THE MANAGED CARE PROVIDER SHALL NOT PASS THE
PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION
THROUGH TO ANY MEDICAL SERVICES PROVIDER AND/OR SUBCONTRACTOR.
(D) FOR THE PURPOSES OF THIS SUBDIVISION A VIOLATION SHALL MEAN A
DETERMINATION BY THE COMMISSIONER THAT THE MANAGED CARE PROVIDER FAILED
TO ACT AS REQUIRED UNDER THE CONTRACT BETWEEN THE STATE AND THE MANAGED
CARE PROVIDER IN PLACE AT THE TIME OF THE FAILURE, OR APPLICABLE FEDERAL
AND STATE STATUTES, RULES OR REGULATIONS GOVERNING MANAGED CARE PROVID-
ERS. EACH INSTANCE OF A MANAGED CARE PROVIDER FAILING TO FURNISH NECES-
SARY AND/OR REQUIRED MEDICAL SERVICES OR ITEMS TO EACH ENROLLEE SHALL BE
S. 3007 16 A. 3007
A SEPARATE VIOLATION AND EACH DAY THAT AN ONGOING VIOLATION CONTINUES
SHALL BE A SEPARATE VIOLATION.
(E) NO PENALTIES SHALL BE ASSESSED PURSUANT TO THIS SUBDIVISION WITH-
OUT PROVIDING AN OPPORTUNITY FOR A FORMAL HEARING CONDUCTED IN ACCORD-
ANCE WITH SECTION TWELVE-A OF THE PUBLIC HEALTH LAW.
(F) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE IMPOSITION OF
DAMAGES, PENALTIES OR OTHER RELIEF, OTHERWISE AUTHORIZED BY LAW, INCLUD-
ING BUT NOT LIMITED TO CASES OF FRAUD, WASTE OR ABUSE.
(G) THE COMMISSIONER MAY PROMULGATE ANY REGULATIONS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall apply to disputes filed with the super-
intendent of financial services pursuant to article six of the financial
services law on or after such effective date; provided further, howev-
er, that section two of this act is subject to federal financial partic-
ipation; and provided further, however, that the amendments to section
364-j of the social services law made by sections two and three of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
PART F
Section 1. Section 2807-ff of the public health law, as added by
section 1 of part II of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 2807-ff. New York managed care organization provider tax. 1. The
commissioner, subject to the approval of the director of the budget,
shall: apply for a waiver or waivers of the broad-based and uniformity
requirements related to the establishment of a New York managed care
organization provider tax (the "MCO provider tax") in order to secure
federal financial participation for the costs of the medical assistance
program; [issue regulations to implement the MCO provider tax;] and,
subject to approval by the centers for [medicare and medicaid] MEDICARE
AND MEDICAID services, impose the MCO provider tax as an assessment upon
insurers, health maintenance organizations, and managed care organiza-
tions (COLLECTIVELY REFERRED TO AS "HEALTH PLAN") offering the following
plans or products:
(a) Medical assistance program coverage provided by managed care
providers pursuant to section three hundred sixty-four-j of the social
services law;
(b) A child health insurance plan certified pursuant to section twen-
ty-five hundred eleven of this chapter;
(c) Essential plan coverage certified pursuant to section three
hundred sixty-nine-gg of the social services law;
(d) Coverage purchased on the New York insurance exchange established
pursuant to section two hundred sixty-eight-b of this chapter; or
(e) Any other comprehensive coverage subject to articles thirty-two,
forty-two and forty-three of the insurance law, or article forty-four of
this chapter.
2. The MCO provider tax shall comply with all relevant provisions of
federal laws, rules and regulations.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE MCO PROVIDER TAX
APPROVAL LETTER BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (THE
"APPROVAL LETTER").
4. A HEALTH PLAN, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL
PAY THE MCO PROVIDER TAX FOR EACH CALENDAR YEAR AS FOLLOWS:
S. 3007 17 A. 3007
(A) FOR MEDICAID MEMBER MONTHS BELOW TWO HUNDRED FIFTY THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY ONE HUNDRED TWENTY-SIX DOLLARS PER
MEMBER MONTH;
(B) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS BUT LESS THAN FIVE HUNDRED THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY EIGHTY-EIGHT DOLLARS PER MEMBER MONTH;
(C) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO FIVE HUNDRED
THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWENTY-FIVE DOLLARS PER
MEMBER MONTH;
(D) FOR ESSENTIAL PLAN MEMBER MONTHS LESS THAN TWO HUNDRED FIFTY THOU-
SAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY THIRTEEN DOLLARS PER MEMBER
MONTH;
(E) FOR ESSENTIAL PLAN MEMBER MONTHS GREATER THAN OR EQUAL TO TWO
HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY SEVEN
DOLLARS PER MEMBER MONTH;
(F) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS, CONSISTING OF
THE POPULATIONS COVERED BY THE PRODUCTS DESCRIBED IN PARAGRAPHS (B),
(D), AND (E) OF SUBDIVISION ONE OF THIS SECTION, LESS THAN TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWO DOLLARS PER
MEMBER MONTH; AND
(G) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS GREATER THAN OR
EQUAL TO TWO HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL
PAY ONE DOLLAR AND FIFTY CENTS PER MEMBER MONTH.
5. A HEALTH PLAN SHALL REMIT THE MCO PROVIDER TAX DUE PURSUANT TO THIS
SECTION TO THE COMMISSIONER OR THEIR DESIGNEE QUARTERLY OR AT A FREQUEN-
CY DEFINED BY THE COMMISSIONER.
6. FUNDS ACCUMULATED FROM THE MCO PROVIDER TAX, INCLUDING INTEREST AND
PENALTIES, SHALL BE DEPOSITED AND CREDITED BY THE COMMISSIONER, OR THE
COMMISSIONER'S DESIGNEE, TO THE HEALTHCARE STABILITY FUND ESTABLISHED IN
SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
7. (A) EVERY HEALTH PLAN SUBJECT TO THE APPROVED MCO PROVIDER TAX
SHALL SUBMIT REPORTS IN A FORM PRESCRIBED BY THE COMMISSIONER TO ACCU-
RATELY DISCLOSE INFORMATION REQUIRED TO IMPLEMENT THIS SECTION.
(B) IF A HEALTH PLAN FAILS TO FILE REPORTS REQUIRED PURSUANT TO THIS
SUBDIVISION WITHIN SIXTY DAYS OF THE DATE SUCH REPORTS ARE DUE AND AFTER
NOTIFICATION OF SUCH REPORTING DELINQUENCY, THE COMMISSIONER MAY ASSESS
A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH FAILURE;
PROVIDED, HOWEVER, THAT SUCH CIVIL PENALTY SHALL NOT BE IMPOSED IF THE
HEALTH PLAN DEMONSTRATES GOOD CAUSE FOR THE FAILURE TO TIMELY FILE SUCH
REPORTS.
8. (A) IF A PAYMENT MADE PURSUANT TO THIS SECTION IS NOT TIMELY,
INTEREST SHALL BE PAYABLE IN THE SAME RATE AND MANNER AS DEFINED IN
SUBDIVISION EIGHT OF SECTION TWENTY-EIGHT HUNDRED SEVEN-J OF THIS ARTI-
CLE.
(B) THE COMMISSIONER MAY WAIVE A PORTION OR ALL OF EITHER THE INTEREST
OR PENALTIES, OR BOTH, ASSESSED UNDER THIS SECTION IF THE COMMISSIONER
DETERMINES, IN THEIR SOLE DISCRETION, THAT THE HEALTH PLAN HAS DEMON-
STRATED THAT IMPOSITION OF THE FULL AMOUNT OF THE MCO PROVIDER TAX
PURSUANT TO THE TIMELINES APPLICABLE UNDER THE APPROVAL LETTER HAS A
HIGH LIKELIHOOD OF CREATING AN UNDUE FINANCIAL HARDSHIP FOR THE HEALTH
PLAN OR CREATES A SIGNIFICANT FINANCIAL DIFFICULTY IN PROVIDING NEEDED
SERVICES TO MEDICAID BENEFICIARIES. IN ADDITION, THE COMMISSIONER MAY
WAIVE A PORTION OR ALL OF EITHER THE INTEREST OR PENALTIES, OR BOTH,
ASSESSED UNDER THIS SECTION IF THE COMMISSIONER DETERMINES, IN THEIR
SOLE DISCRETION, THAT THE HEALTH PLAN DID NOT HAVE THE INFORMATION
NECESSARY FROM THE DEPARTMENT TO PAY THE TAX REQUIRED IN THIS SECTION.
S. 3007 18 A. 3007
WAIVER OF SOME OR ALL OF THE INTEREST OR PENALTIES PURSUANT TO THIS
SUBDIVISION SHALL BE CONDITIONED ON THE HEALTH PLAN'S AGREEMENT TO MAKE
MCO PROVIDER TAX PAYMENTS ON AN ALTERNATIVE SCHEDULE DEVELOPED BY THE
DEPARTMENT THAT TAKES INTO ACCOUNT THE FINANCIAL SITUATION OF THE HEALTH
PLAN AND THE POTENTIAL IMPACT ON THE DELIVERY OF SERVICES TO MEDICAID
BENEFICIARIES.
(C) OVERPAYMENT BY OR ON BEHALF OF A HEALTH PLAN OF A PAYMENT SHALL BE
APPLIED TO ANY OTHER PAYMENT DUE FROM THE HEALTH PLAN PURSUANT TO THIS
SECTION, OR, IF NO PAYMENT IS DUE, AT THE ELECTION OF THE HEALTH PLAN,
SHALL BE APPLIED TO FUTURE PAYMENTS OR REFUNDED TO THE HEALTH PLAN.
INTEREST SHALL BE PAID ON OVERPAYMENTS FROM THE DATE OF OVERPAYMENT TO
THE DATE OF CREDITING OR REFUNDING AT THE RATE DETERMINED IN ACCORDANCE
WITH THIS SUBDIVISION ONLY IF THE OVERPAYMENT WAS MADE AT THE DIRECTION
OF THE COMMISSIONER. INTEREST UNDER THIS PARAGRAPH SHALL NOT BE PAID IF
THE AMOUNT THEREOF IS LESS THAN ONE DOLLAR.
9. PAYMENTS AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE
COMMISSIONER PURSUANT TO THIS SECTION BY A HEALTH PLAN SHALL BE SUBJECT
TO AUDIT BY THE COMMISSIONER FOR A PERIOD OF SIX YEARS FOLLOWING THE
CLOSE OF THE CALENDAR YEAR IN WHICH SUCH PAYMENTS AND REPORTS ARE DUE,
AFTER WHICH SUCH PAYMENTS SHALL BE DEEMED FINAL AND NOT SUBJECT TO
FURTHER ADJUSTMENT OR RECONCILIATION, INCLUDING THROUGH OFFSET ADJUST-
MENTS OR RECONCILIATIONS MADE BY A HEALTH PLAN; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PRECLUDING THE COMMISSION-
ER FROM PURSUING COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS
DELINQUENT WITHIN SUCH SIX-YEAR PERIOD, OR WHICH ARE IDENTIFIED AS
DELINQUENT AS A RESULT OF AN AUDIT COMMENCED WITHIN SUCH SIX-YEAR PERI-
OD, OR FROM CONDUCTING AN AUDIT OF ANY ADJUSTMENT OR RECONCILIATION MADE
BY A HEALTH PLAN, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
SUCH SIX-YEAR PERIOD WHICH ARE FOUND TO BE COMMINGLED WITH PAYMENTS
WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
10. IN THE EVENT OF A MERGER, ACQUISITION, ESTABLISHMENT, OR ANY OTHER
SIMILAR TRANSACTION THAT RESULTS IN THE TRANSFER OF HEALTH PLAN RESPON-
SIBILITY FOR ALL ENROLLEES UNDER THIS SECTION FROM A HEALTH PLAN TO
ANOTHER HEALTH PLAN OR SIMILAR ENTITY, AND THAT OCCURS AT ANY TIME
DURING WHICH THIS SECTION IS EFFECTIVE, THE RESULTANT HEALTH PLAN OR
SIMILAR ENTITY SHALL BE RESPONSIBLE FOR PAYING THE FULL TAX AMOUNT AS
PROVIDED IN THIS SECTION THAT WOULD HAVE BEEN THE RESPONSIBILITY OF THE
HEALTH PLAN TO WHICH THAT FULL TAX AMOUNT WAS ASSESSED UPON THE EFFEC-
TIVE DATE OF ANY SUCH TRANSACTION. IF A MERGER, ACQUISITION, ESTABLISH-
MENT, OR ANY OTHER SIMILAR TRANSACTION RESULTS IN THE TRANSFER OF HEALTH
PLAN RESPONSIBILITY FOR ONLY SOME OF A HEALTH PLAN'S ENROLLEES UNDER
THIS SECTION BUT NOT ALL ENROLLEES, THE FULL TAX AMOUNT AS PROVIDED IN
THIS SECTION SHALL REMAIN THE RESPONSIBILITY OF THAT HEALTH PLAN TO
WHICH THAT FULL TAX AMOUNT WAS ASSESSED.
§ 2. Section 99-rr of the state finance law, as added by section 2 of
part II of chapter 57 of the laws of 2024, is renumbered section 99-ss
and is amended to read to as follows:
§ 99-ss. Healthcare stability fund. 1. There is hereby established in
the joint custody of the state comptroller and the commissioner of taxa-
tion and finance a special fund to be known as the "healthcare stability
fund" ("fund").
2. (A) The fund shall consist of monies received from the imposition
of the centers for medicare and medicaid services-approved MCO provider
tax established pursuant to section twenty-eight hundred seven-ff of the
public health law, and all other monies appropriated, credited, or
transferred thereto from any other fund or source pursuant to law.
S. 3007 19 A. 3007
(B) THE POOL ADMINISTRATOR UNDER CONTRACT WITH THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-Y OF THE PUBLIC
HEALTH LAW SHALL COLLECT MONEYS REQUIRED TO BE COLLECTED AS A RESULT OF
THE IMPLEMENTATION OF THE MCO PROVIDER TAX.
3. Notwithstanding any provision of law to the contrary and subject to
available legislative appropriation and approval of the director of the
budget, monies of the fund may be available [for] TO THE DEPARTMENT OF
HEALTH FOR THE PURPOSE OF:
(a) funding the non-federal share of increased capitation payments to
managed care providers, as defined in section three hundred sixty-four-j
of the social services law, for the medical assistance program, pursuant
to a plan developed and approved by the director of the budget;
(b) funding the non-federal share of the medical assistance program,
including supplemental support for the delivery of health care services
to medical assistance program enrollees and quality incentive programs;
(c) reimbursement to the general fund for expenditures incurred in the
medical assistance program, including, but not limited to, reimbursement
pursuant to a savings allocation plan established in accordance with
section ninety-two of part H of chapter fifty-nine of the laws of two
thousand eleven, as amended; and
(d) transfer to the capital projects fund, or any other capital
projects fund of the state to support the delivery of health care
services.
4. THE MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY THE COMMISSIONER.
[4] 5. Monies disbursed from the fund shall be exempt from the calcu-
lation of department of health state funds medicaid expenditures under
subdivision one of section ninety-two of part H of chapter fifty-nine of
the laws of two thousand eleven, as amended.
[5] 6. Monies in such fund shall be kept separate from and shall not
be commingled with any other monies in the custody of the comptroller or
the commissioner of taxation and finance. Any monies of the fund not
required for immediate use may, at the discretion of the comptroller, in
consultation with the director of the budget, be invested by the comp-
troller in obligations of the United States or the state. Any income
earned by the investment of such monies shall be added to and become a
part of and shall be used for the purposes of such fund.
[6] 7. The director of the budget shall provide quarterly reports to
the speaker of the assembly, the temporary president of the senate, the
chair of the senate finance committee and the chair of the assembly ways
and means committee, on the receipts and distributions of the healthcare
stability fund, including an itemization of such receipts and disburse-
ments, the historical and projected expenditures, and the projected fund
balance.
8. THE COMPTROLLER SHALL PROVIDE THE POOL ADMINISTRATOR WITH ANY
INFORMATION NEEDED, IN A FORM OR FORMAT PRESCRIBED BY THE POOL ADMINIS-
TRATOR, TO MEET REPORTING REQUIREMENTS AS SET FORTH IN SECTION TWENTY-
EIGHT HUNDRED SEVEN-Y OF THE PUBLIC HEALTH LAW OR AS OTHERWISE PROVIDED
BY LAW.
§ 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 1 of part NN of chap-
ter 57 of the laws of 2024, is amended to read as follows:
S. 3007 20 A. 3007
§ 1-a. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of hospital inpatient services
shall be subject to a uniform rate increase of seven and one-half
percent in addition to the increase contained in section one of this
act, subject to the approval of the commissioner of health and the
director of the budget. Notwithstanding any provision of law to the
contrary, for the state fiscal years beginning April 1, 2023, and there-
after, Medicaid payments made for the operating component of hospital
outpatient services shall be subject to a uniform rate increase of six
and one-half percent in addition to the increase contained in section
one of this act, subject to the approval of the commissioner of health
and the director of the budget. Notwithstanding any provision of law to
the contrary, for the period April 1, 2024 through March 31, 2025 Medi-
caid payments made for hospital services shall be increased by an aggre-
gate amount of up to $525,000,000 in addition to the increase contained
in sections one and one-b of this act subject to the approval of the
commissioner of health and the director of the budget. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGIN-
NING APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPER-
ATING COMPONENT OF HOSPITAL OUTPATIENT SERVICES SHALL BE SUBJECT TO A
UNIFORM RATE INCREASE PURSUANT TO A PLAN APPROVED BY THE DIRECTOR OF THE
BUDGET IN ADDITION TO THE APPLICABLE INCREASE CONTAINED IN SECTION ONE
OF THIS ACT AND THIS SECTION, SUBJECT TO THE APPROVAL OF THE COMMISSION-
ER OF HEALTH AND THE DIRECTOR OF THE BUDGET. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, FOR THE PERIOD APRIL 1, 2025, AND
THEREAFTER, MEDICAID PAYMENTS MADE FOR HOSPITAL SERVICES SHALL BE
INCREASED BY AN AGGREGATE AMOUNT OF UP TO $425,000,000 IN ADDITION TO
THE INCREASE CONTAINED IN SECTION ONE OF THIS ACT AND THIS SECTION,
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR
OF THE BUDGET. Such rate increases shall be subject to federal financial
participation AND THE PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS
ACT.
§ 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as added by section 2 of part NN of chapter
57 of the laws of 2024, is amended to read as follows:
§ 1-b. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of residential health care
facilities services shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in subdivision 1 of
section 1 of this part, subject to the approval of the commissioner of
the department of health and the director of the division of the budget;
provided, however, that such Medicaid payments shall be subject to a
uniform rate increase of up to 7.5 percent in addition to the increase
contained in subdivision 1 of section 1 of this part contingent upon
approval of the commissioner of the department of health, the director
of the division of the budget, and the Centers for Medicare and Medicaid
Services. Notwithstanding any provision of law to the contrary, for the
period April 1, 2024 through March 31, 2025 Medicaid payments made for
nursing home services shall be increased by an aggregate amount of up to
$285,000,000 in addition to the increase contained in [sections] SECTION
one [and one-c] of this act AND THIS SECTION subject to the approval of
the commissioner of health and the director of the budget. Such rate
increases shall be subject to federal financial participation. NOTWITH-
S. 3007 21 A. 3007
STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR STATE FISCAL YEARS
BEGINNING APRIL 1, 2025, AND THEREAFTER MEDICAID PAYMENTS MADE FOR NURS-
ING HOME SERVICES SHALL BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$385,000,000 IN ADDITION TO THE INCREASE CONTAINED IN SECTION ONE OF
THIS ACT AND THIS SECTION, SUBJECT TO THE APPROVAL OF THE COMMISSIONER
OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASES SHALL BE
SUBJECT TO FEDERAL FINANCIAL PARTICIPATION AND THE PROVISIONS ESTAB-
LISHED UNDER SECTION ONE-F OF THIS ACT.
§ 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022
providing a one percent across the board payment increase to all quali-
fying fee-for-service Medicaid rates, are renumbered sections 1-d and
1-e and a new section 1-c is added to read as follows:
§ 1-C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
PERIOD APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR CLINIC
SERVICE PROVIDED BY FEDERALLY QUALIFIED HEALTH CENTERS AND DIAGNOSTIC
AND TREATMENT CENTERS SHALL BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$20,000,000 IN ADDITION TO ANY APPLICABLE INCREASE CONTAINED IN SECTION
ONE OF THIS ACT SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASES SHALL BE SUBJECT TO
FEDERAL FINANCIAL PARTICIPATION AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 3 of part NN of chap-
ter 57 of the laws of 2024, and as renumbered by section five of this
act, is amended to read as follows:
§ 1-d. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of assisted living programs as
defined by paragraph (a) of subdivision one of section 461-l of the
social services law shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in section one of this
part, subject to the approval of the commissioner of the department of
health and the director of division of the budget. Notwithstanding any
provision of law to the contrary, for the period April 1, 2024 through
March 31, 2025, Medicaid payments for assisted living programs shall be
increased by up to $15,000,000 in addition to the increase contained in
this section subject to the approval of the commissioner of health and
the director of the budget. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND
THEREAFTER, MEDICAID PAYMENTS FOR ASSISTED LIVING PROGRAMS SHALL BE
INCREASED BY UP TO $15,000,000 IN ADDITION TO THE INCREASE CONTAINED IN
THIS SECTION SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND
THE DIRECTOR OF THE BUDGET. Such rate increases shall be subject to
federal financial participation AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as added by section 4 of part NN of chapter
57 of the laws of 2024, and as renumbered by section five of this act,
is amended and a new section 1-f is added to read as follows:
§ 1-e. Such increases as added by the chapter of the laws of 2024 that
added this section may take the form of increased rates of payment in
Medicaid fee-for-service and/or Medicaid managed care, lump sum
payments, or state directed payments under 42 CFR 438.6(c). Such rate
S. 3007 22 A. 3007
increases shall be subject to federal financial participation AND THE
PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS ACT.
§ 1-F. SUCH INCREASES AS ADDED BY THE CHAPTER OF THE LAWS OF 2025 THAT
ADDED THIS SECTION SHALL BE CONTINGENT UPON THE AVAILABILITY OF FUNDS
WITHIN THE HEALTHCARE STABILITY FUND ESTABLISHED BY SECTION 99-SS OF THE
STATE FINANCE LAW. UPON A DETERMINATION BY THE DIRECTOR OF THE BUDGET
THAT THE BALANCE OF SUCH FUND IS PROJECTED TO BE INSUFFICIENT TO SUPPORT
THE CONTINUATION OF SUCH INCREASES, THE COMMISSIONER OF HEALTH, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL TAKE STEPS NECES-
SARY TO SUSPEND OR TERMINATE SUCH INCREASES, UNTIL A DETERMINATION IS
MADE THAT THERE ARE SUFFICIENT BALANCES TO SUPPORT THESE INCREASES.
§ 8. This act shall take effect immediately; provided, however, that
sections three, four, five, six and seven of this act shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART G
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part K of chapter 57 of the laws of 2024, is
amended and a new subdivision 9 is added to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
and June 30, 2020, between July 1, 2020 and June 30, 2021, between July
1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023,
between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 and
S. 3007 23 A. 3007
June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 or reimburse
the hospital where the hospital purchases equivalent excess coverage as
defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this
section for medical or dental malpractice occurrences between July 1,
1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between
July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991,
between July 1, 1991 and June 30, 1992, between July 1, 1992 and June
30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994
and June 30, 1995, between July 1, 1995 and June 30, 1996, between July
1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998,
between July 1, 1998 and June 30, 1999, between July 1, 1999 and June
30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001
and June 30, 2002, between July 1, 2002 and June 30, 2003, between July
1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005,
between July 1, 2005 and June 30, 2006, between July 1, 2006 and June
30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008
and June 30, 2009, between July 1, 2009 and June 30, 2010, between July
1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012,
between July 1, 2012 and June 30, 2013, between July 1, 2013 and June
30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015
and June 30, 2016, between July 1, 2016 and June 30, 2017, between July
1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019,
between July 1, 2019 and June 30, 2020, between July 1, 2020 and June
30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022
and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between
July 1, 2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30,
2026 for physicians or dentists certified as eligible for each such
period or periods pursuant to subdivision 2 of this section by a general
hospital licensed pursuant to article 28 of the public health law;
provided that no single insurer shall write more than fifty percent of
the total excess premium for a given policy year; and provided, however,
that such eligible physicians or dentists must have in force an individ-
ual policy, from an insurer licensed in this state of primary malprac-
tice insurance coverage in amounts of no less than one million three
hundred thousand dollars for each claimant and three million nine
hundred thousand dollars for all claimants under that policy during the
period of such excess coverage for such occurrences or be endorsed as
additional insureds under a hospital professional liability policy which
is offered through a voluntary attending physician ("channeling")
program previously permitted by the superintendent of financial services
during the period of such excess coverage for such occurrences. During
such period, such policy for excess coverage or such equivalent excess
coverage shall, when combined with the physician's or dentist's primary
malpractice insurance coverage or coverage provided through a voluntary
attending physician ("channeling") program, total an aggregate level of
two million three hundred thousand dollars for each claimant and six
million nine hundred thousand dollars for all claimants from all such
policies with respect to occurrences in each of such years provided,
however, if the cost of primary malpractice insurance coverage in excess
of one million dollars, but below the excess medical malpractice insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance coverage in excess of one million dollars for each claimant shall
be in an amount of not less than the dollar amount of such coverage
available at nine percent per annum; the required level of such coverage
for all claimants under that policy shall be in an amount not less than
S. 3007 24 A. 3007
three times the dollar amount of coverage for each claimant; and excess
coverage, when combined with such primary malpractice insurance cover-
age, shall increase the aggregate level for each claimant by one million
dollars and three million dollars for all claimants; and provided
further, that, with respect to policies of primary medical malpractice
coverage that include occurrences between April 1, 2002 and June 30,
2002, such requirement that coverage be in amounts no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
(9) THIS SUBDIVISION SHALL APPLY ONLY TO EXCESS INSURANCE COVERAGE OR
EQUIVALENT EXCESS COVERAGE FOR PHYSICIANS OR DENTISTS THAT IS ELIGIBLE
TO BE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS LIABILITY
POOL.
(A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2024, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. AT THE CONCLUSION OF THE POLICY
PERIOD THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF
HEALTH OR THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL
EXCESS LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION,
PAY FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAINING FIFTY PERCENT
SHALL BE PAID ONE YEAR THEREAFTER.
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2025, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. SUCH PROVIDER OF EXCESS INSUR-
ANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE SHALL BILL, IN A MANNER
CONSISTENT WITH PARAGRAPH (F) OF THIS SUBDIVISION, THE PHYSICIAN OR
DENTIST FOR AN AMOUNT EQUAL TO FIFTY PERCENT OF THE PREMIUM FOR SUCH
COVERAGE, AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION,
DURING THE POLICY PERIOD. AT THE CONCLUSION OF THE POLICY PERIOD THE
SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH OR
THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS
LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION, PAY
HALF OF THE REMAINING FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF
EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAIN-
ING TWENTY-FIVE PERCENT SHALL BE PAID ONE YEAR THEREAFTER. IF THE FUNDS
AVAILABLE IN THE HOSPITAL EXCESS LIABILITY POOL ARE INSUFFICIENT TO MEET
THE PERCENT OF THE COSTS OF THE EXCESS COVERAGE, THE PROVISIONS OF
SUBDIVISION 8 OF THIS SECTION SHALL APPLY.
(C) IF AT THE CONCLUSION OF THE POLICY PERIOD, A PHYSICIAN OR DENTIST,
ELIGIBLE FOR EXCESS COVERAGE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPI-
TAL EXCESS LIABILITY POOL, HAS FAILED TO PAY AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE PREMIUM AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION, SUCH EXCESS COVERAGE SHALL BE CANCELLED AND SHALL BE NULL
AND VOID AS OF THE FIRST DAY ON OR AFTER THE COMMENCEMENT OF A POLICY
PERIOD WHERE THE LIABILITY FOR PAYMENT PURSUANT TO THIS SUBDIVISION HAS
NOT BEEN MET. THE PROVIDER OF EXCESS COVERAGE SHALL REMIT ANY PORTION OF
PREMIUM PAID BY THE ELIGIBLE PHYSICIAN OR DENTIST FOR SUCH A POLICY
PERIOD.
(D) THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL ESTABLISH A RATE
CONSISTENT WITH SUBDIVISION 3 OF THIS SECTION THAT PROVIDERS OF EXCESS
INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE WILL CHARGE FOR SUCH
COVERAGE FOR EACH POLICY PERIOD. FOR THE POLICY PERIOD BEGINNING JULY 1,
S. 3007 25 A. 3007
2025, THE SUPERINTENDENT OF FINANCIAL SERVICES MAY DIRECT THAT THE
PREMIUM FOR THAT POLICY PERIOD BE THE SAME AS IT WAS FOR THE POLICY
PERIOD THAT CONCLUDED JUNE 30, 2024.
(E) NO PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS
COVERAGE SHALL ISSUE EXCESS COVERAGE TO WHICH THIS SUBDIVISION APPLIES
TO ANY PHYSICIAN OR DENTIST UNLESS THAT PHYSICIAN OR DENTIST MEETS THE
ELIGIBILITY REQUIREMENTS FOR SUCH COVERAGE SET FORTH IN THIS SECTION.
THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH
OR THEIR DESIGNEE SHALL NOT MAKE ANY PAYMENT UNDER THIS SUBDIVISION TO A
PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE FOR
EXCESS COVERAGE ISSUED TO A PHYSICIAN OR DENTIST WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE HOSPITAL EXCESS
LIABILITY POOL PROGRAM SET FORTH IN THIS SECTION.
(F) A PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT COVERAGE
THAT ISSUES EXCESS COVERAGE UNDER THIS SUBDIVISION SHALL BILL THE PHYSI-
CIAN OR DENTIST FOR THE PORTION OF THE PREMIUM REQUIRED UNDER PARAGRAPH
(A) OF THIS SUBDIVISION IN TWELVE EQUAL MONTHLY INSTALLMENTS OR IN SUCH
OTHER MANNER AS THE PHYSICIAN OR DENTIST MAY AGREE.
(G) THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS GIVING EFFECT TO THE
PROVISIONS OF THIS SUBDIVISION.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part K of chapter 57 of the laws of 2024, is amended to read as follows:
(3)(a) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance for medical or dental malpractice
occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013,
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016
and June 30, 2017, between July 1, 2017 and June 30, 2018, between July
1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
between July 1, 2020 and June 30, 2021, between July 1, 2021 and June
30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023
and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, AND
BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allocable to each general hospi-
tal for physicians or dentists certified as eligible for purchase of a
policy for excess insurance coverage by such general hospital in accord-
ance with subdivision 2 of this section, and may amend such determi-
nation and certification as necessary.
S. 3007 26 A. 3007
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
between July 1, 2021 and June 30, 2022, between July 1, 2022 and June
30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1,
2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allo-
cable to each general hospital for physicians or dentists certified as
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage by such general hospital in accordance with
subdivision 2 of this section, and may amend such determination and
certification as necessary. The superintendent of financial services
shall determine and certify to each general hospital and to the commis-
sioner of health the ratable share of such cost allocable to the period
July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June
30, 1988, to the period July 1, 1988 to December 31, 1988, to the period
January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December
31, 1989, to the period January 1, 1990 to June 30, 1990, to the period
July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June
30, 1991, to the period July 1, 1991 to December 31, 1991, to the period
January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
S. 3007 27 A. 3007
period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
30, 2019, to the period July 1, 2019 to June 30, 2020, to the period
July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30,
2022, to the period July 1, 2022 to June 30, 2023, to the period July 1,
2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30,
2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE 30, 2026.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
18 of chapter 266 of the laws of 1986, amending the civil practice law
and rules and other laws relating to malpractice and professional
medical conduct, as amended by section 3 of part K of chapter 57 of the
laws of 2024, are amended to read as follows:
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
30, 2012, during the period July 1, 2012 to June 30, 2013, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
during the period July 1, 2019 to June 30, 2020, during the period July
1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30,
2022, during the period July 1, 2022 to June 30, 2023, during the period
July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to
June 30, 2025, AND DURING THE PERIOD JULY 1, 2025 TO JUNE 30 2026 allo-
cated or reallocated in accordance with paragraph (a) of subdivision 4-a
of this section to rates of payment applicable to state governmental
agencies, each physician or dentist for whom a policy for excess insur-
ance coverage or equivalent excess coverage is purchased for such period
shall be responsible for payment to the provider of excess insurance
coverage or equivalent excess coverage of an allocable share of such
insufficiency, based on the ratio of the total cost of such coverage for
such physician to the sum of the total cost of such coverage for all
physicians applied to such insufficiency.
S. 3007 28 A. 3007
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, or covering the peri-
od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or
covering the period July 1, 2024 to June 30, 2025, OR COVERING THE PERI-
OD JULY 1, 2025 TO JUNE 30, 2026 shall notify a covered physician or
dentist by mail, mailed to the address shown on the last application for
excess insurance coverage or equivalent excess coverage, of the amount
due to such provider from such physician or dentist for such coverage
period determined in accordance with paragraph (a) of this subdivision.
Such amount shall be due from such physician or dentist to such provider
of excess insurance coverage or equivalent excess coverage in a time and
manner determined by the superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
S. 3007 29 A. 3007
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, or covering the period July 1,
2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
2023, or covering the period July 1, 2023 to June 30, 2024, or covering
the period July 1, 2024 to June 30, 2025, OR COVERING THE PERIOD JULY 1,
2025 TO JUNE 30, 2026 determined in accordance with paragraph (a) of
this subdivision fails, refuses or neglects to make payment to the
provider of excess insurance coverage or equivalent excess coverage in
such time and manner as determined by the superintendent of financial
services pursuant to paragraph (b) of this subdivision, excess insurance
coverage or equivalent excess coverage purchased for such physician or
dentist in accordance with this section for such coverage period shall
be cancelled and shall be null and void as of the first day on or after
the commencement of a policy period where the liability for payment
pursuant to this subdivision has not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
covering the period July 1, 2021 to June 30, 2022, or covering the peri-
od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to
June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, OR
COVERING THE PERIOD JULY 1, 2025 TO JUNE 30, 2026 that has made payment
to such provider of excess insurance coverage or equivalent excess
coverage in accordance with paragraph (b) of this subdivision and of
each physician and dentist who has failed, refused or neglected to make
such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
S. 3007 30 A. 3007
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
to the period July 1, 2014 to June 30, 2015, and to the period July 1,
2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
and to the period July 1, 2020 to June 30, 2021, and to the period July
1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30,
2023, and to the period July 1, 2023 to June 30, 2024, and to the period
July 1, 2024 to June 30, 2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 received from the hospital excess liability pool for purchase
of excess insurance coverage or equivalent excess coverage covering the
period July 1, 1992 to June 30, 1993, and covering the period July 1,
1993 to June 30, 1994, and covering the period July 1, 1994 to June 30,
1995, and covering the period July 1, 1995 to June 30, 1996, and cover-
ing the period July 1, 1996 to June 30, 1997, and covering the period
July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to
June 30, 1999, and covering the period July 1, 1999 to June 30, 2000,
and covering the period July 1, 2000 to June 30, 2001, and covering the
period July 1, 2001 to October 29, 2001, and covering the period April
1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June
30, 2003, and covering the period July 1, 2003 to June 30, 2004, and
covering the period July 1, 2004 to June 30, 2005, and covering the
period July 1, 2005 to June 30, 2006, and covering the period July 1,
2006 to June 30, 2007, and covering the period July 1, 2007 to June 30,
2008, and covering the period July 1, 2008 to June 30, 2009, and cover-
ing the period July 1, 2009 to June 30, 2010, and covering the period
July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to
June 30, 2012, and covering the period July 1, 2012 to June 30, 2013,
and covering the period July 1, 2013 to June 30, 2014, and covering the
period July 1, 2014 to June 30, 2015, and covering the period July 1,
2015 to June 30, 2016, and covering the period July 1, 2016 to June 30,
2017, and covering the period July 1, 2017 to June 30, 2018, and cover-
ing the period July 1, 2018 to June 30, 2019, and covering the period
July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to
June 30, 2021, and covering the period July 1, 2021 to June 30, 2022,
and covering the period July 1, 2022 to June 30, 2023 for, and covering
the period July 1, 2023 to June 30, 2024, and covering the period July
1, 2024 to June 30, 2025, AND COVERING THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 a physician or dentist where such excess insurance coverage or
equivalent excess coverage is cancelled in accordance with paragraph (c)
of this subdivision.
§ 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
S. 3007 31 A. 3007
professional medical conduct, as amended by section 4 of part K of chap-
ter 57 of the laws of 2024, is amended to read as follows:
§ 40. The superintendent of financial services shall establish rates
for policies providing coverage for physicians and surgeons medical
malpractice for the periods commencing July 1, 1985 and ending June 30,
[2025] 2026; provided, however, that notwithstanding any other provision
of law, the superintendent shall not establish or approve any increase
in rates for the period commencing July 1, 2009 and ending June 30,
2010. The superintendent shall direct insurers to establish segregated
accounts for premiums, payments, reserves and investment income attrib-
utable to such premium periods and shall require periodic reports by the
insurers regarding claims and expenses attributable to such periods to
monitor whether such accounts will be sufficient to meet incurred claims
and expenses. On or after July 1, 1989, the superintendent shall impose
a surcharge on premiums to satisfy a projected deficiency that is
attributable to the premium levels established pursuant to this section
for such periods; provided, however, that such annual surcharge shall
not exceed eight percent of the established rate until July 1, [2025]
2026, at which time and thereafter such surcharge shall not exceed twen-
ty-five percent of the approved adequate rate, and that such annual
surcharges shall continue for such period of time as shall be sufficient
to satisfy such deficiency. The superintendent shall not impose such
surcharge during the period commencing July 1, 2009 and ending June 30,
2010. On and after July 1, 1989, the surcharge prescribed by this
section shall be retained by insurers to the extent that they insured
physicians and surgeons during the July 1, 1985 through June 30, [2025]
2026 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
S. 3007 32 A. 3007
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
§ 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 266 of the laws of
1986, amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 5
of part K of chapter 57 of the laws of 2024, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
June 15, 2023, June 15, 2024, [and] June 15, 2025, AND JUNE 15, 2026 the
amount of funds available in the hospital excess liability pool, created
pursuant to section 18 of chapter 266 of the laws of 1986, and whether
such funds are sufficient for purposes of purchasing excess insurance
coverage for eligible participating physicians and dentists during the
period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003,
or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,
2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
S. 3007 33 A. 3007
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024,
[and] June 15, 2025, AND JUNE 15, 2026 as applicable.
§ 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 6 of part K
of chapter 57 of the laws of 2024, is amended to read as follows:
§ 20. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the thirtieth of June,
two thousand [twenty-four] TWENTY-FIVE, shall be eligible to apply for
such coverage for the coverage period beginning the first of July, two
thousand [twenty-four] TWENTY-FIVE; provided, however, if the total
number of physicians or dentists for whom such excess coverage or equiv-
alent excess coverage was purchased for the policy year ending the thir-
tieth of June, two thousand [twenty-four] TWENTY-FIVE exceeds the total
number of physicians or dentists certified as eligible for the coverage
period beginning the first of July, two thousand [twenty-four] TWENTY-
FIVE, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand [twenty-four] TWENTY-FIVE, as applied to the differ-
ence between the number of eligible physicians or dentists for whom a
policy for excess coverage or equivalent excess coverage was purchased
for the coverage period ending the thirtieth of June, two thousand
[twenty-four] TWENTY-FIVE and the number of such eligible physicians or
dentists who have applied for excess coverage or equivalent excess
coverage for the coverage period beginning the first of July, two thou-
sand [twenty-four] TWENTY-FIVE.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART H
S. 3007 34 A. 3007
Section 1. Section 461-s of the social services law is REPEALED.
§ 2. Paragraph (c) of subdivision 1 of section 461-b of the social
services law is REPEALED.
§ 3. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
(d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of
the public health law, subdivision 1, paragraph (f) of subdivision 3,
paragraph (a) of subdivision 5 and subdivision 12 as amended and para-
graph (d) of subdivision 5 as added by section 6 of part Y of chapter 56
of the laws of 2020 and subdivision 5-a as amended by section 6 of part
C of chapter 57 of the laws of 2023, are amended to read as follows:
1. Definitions. For purposes of this section, the following defi-
nitions shall apply, unless the context clearly requires otherwise:
(a) ["Clinical research" means patient-oriented research, epidemiolog-
ic and behavioral studies, or outcomes research and health services
research that is approved by an institutional review board by the time
the clinical research position is filled.
(b) "Clinical research plan" means a plan submitted by a consortium or
teaching general hospital for a clinical research position which demon-
strates, in a form to be provided by the commissioner, the following:
(i) financial support for overhead, supervision, equipment and other
resources equal to the amount of funding provided pursuant to subpara-
graph (i) of paragraph (b) of subdivision five-a of this section by the
teaching general hospital or consortium for the clinical research posi-
tion;
(ii) experience the sponsor-mentor and teaching general hospital has
in clinical research and the medical field of the study;
(iii) methods, data collection and anticipated measurable outcomes of
the clinical research to be performed;
(iv) training goals, objectives and experience the researcher will be
provided to assess a future career in clinical research;
(v) scientific relevance, merit and health implications of the
research to be performed;
(vi) information on potential scientific meetings and peer review
journals where research results can be disseminated;
(vii) clear and comprehensive details on the clinical research posi-
tion;
(viii) qualifications necessary for the clinical research position and
strategy for recruitment;
(ix) non-duplication with other clinical research positions from the
same teaching general hospital or consortium;
(x) methods to track the career of the clinical researcher once the
term of the position is complete; and
(xi) any other information required by the commissioner to implement
subparagraph (i) of paragraph (b) of subdivision five-a of this section.
(xii) The clinical review plan submitted in accordance with this para-
graph may be reviewed by the commissioner in consultation with experts
outside the department of health.
(c) "Clinical research position" means a post-graduate residency posi-
tion which:
(i) shall not be required in order for the researcher to complete a
graduate medical education program;
(ii) may be reimbursed by other sources but only for costs in excess
of the funding distributed in accordance with subparagraph (i) of para-
graph (b) of subdivision five-a of this section;
S. 3007 35 A. 3007
(iii) shall exceed the minimum standards that are required by the
residency review committee in the specialty the researcher has trained
or is currently training;
(iv) shall not be previously funded by the teaching general hospital
or supported by another funding source at the teaching general hospital
in the past three years from the date the clinical research plan is
submitted to the commissioner;
(v) may supplement an existing research project;
(vi) shall be equivalent to a full-time position comprising of no less
than thirty-five hours per week for one or two years;
(vii) shall provide, or be filled by a researcher who has formalized
instruction in clinical research, including biostatistics, clinical
trial design, grant writing and research ethics;
(viii) shall be supervised by a sponsor-mentor who shall either (A) be
employed, contracted for employment or paid through an affiliated facul-
ty practice plan by a teaching general hospital which has received at
least one research grant from the National Institutes of Health in the
past five years from the date the clinical research plan is submitted to
the commissioner; (B) maintain a faculty appointment at a medical,
dental or podiatric school located in New York state that has received
at least one research grant from the National Institutes of Health in
the past five years from the date the clinical research plan is submit-
ted to the commissioner; or (C) be collaborating in the clinical
research plan with a researcher from another institution that has
received at least one research grant from the National Institutes of
Health in the past five years from the date the clinical research plan
is submitted to the commissioner; and
(ix) shall be filled by a researcher who is (A) enrolled or has
completed a graduate medical education program, as defined in paragraph
(i) of this subdivision; (B) a United States citizen, national, or
permanent resident of the United States; and (C) a graduate of a
medical, dental or podiatric school located in New York state, a gradu-
ate or resident in a graduate medical education program, as defined in
paragraph (i) of this subdivision, where the sponsoring institution, as
defined in paragraph (q) of this subdivision, is located in New York
state, or resides in New York state at the time the clinical research
plan is submitted to the commissioner.
(d)] "Consortium" means an organization or association, approved by
the commissioner in consultation with the council, of general hospitals
which provide graduate medical education, together with any affiliated
site; provided that such organization or association may also include
other providers of health care services, medical schools, payors or
consumers, and which meet other criteria pursuant to subdivision six of
this section.
[(e)] (B) "Council" means the New York state council on graduate
medical education.
[(f)] (C) "Direct medical education" means the direct costs of resi-
dents, interns and supervising physicians.
[(g)] (D) "Distribution period" means each calendar year set forth in
subdivision two of this section.
[(h)] (E) "Faculty" means persons who are employed by or under
contract for employment with a teaching general hospital or are paid
through a teaching general hospital's affiliated faculty practice plan
and maintain a faculty appointment at a medical school. Such persons
shall not be limited to persons with a degree in medicine.
S. 3007 36 A. 3007
[(i)] (F) "Graduate medical education program" means a post-graduate
medical education residency in the United States which has received
accreditation from a nationally recognized accreditation body or has
been approved by a nationally recognized organization for medical,
osteopathic, podiatric or dental residency programs including, but not
limited to, specialty boards.
[(j)] (G) "Indirect medical education" means the estimate of costs,
other than direct costs, of educational activities in teaching hospitals
as determined in accordance with the methodology applicable for purposes
of determining an estimate of indirect medical education costs for
reimbursement for inpatient hospital service pursuant to title XVIII of
the federal social security act (medicare).
[(k)] (H) "Medicare" means the methodology used for purposes of reim-
bursing inpatient hospital services provided to beneficiaries of title
XVIII of the federal social security act.
[(l)] (I) "Primary care" residents specialties shall include family
medicine, general pediatrics, primary care internal medicine, and prima-
ry care obstetrics and gynecology. In determining whether a residency is
in primary care, the commissioner shall consult with the council.
[(m)] (J) "Regions", for purposes of this section, shall mean the
regions as defined in paragraph (b) of subdivision sixteen of section
twenty-eight hundred seven-c of this article as in effect on June thir-
tieth, nineteen hundred ninety-six. For purposes of distributions pursu-
ant to subdivision five-a of this section, except distributions made in
accordance with paragraph (a) of subdivision five-a of this section,
"regions" shall be defined as New York city and the rest of the state.
[(n)] (K) "Regional pool" means a professional education pool estab-
lished on a regional basis by the commissioner from funds available
pursuant to sections twenty-eight hundred seven-s and twenty-eight
hundred seven-t of this article.
[(o)] (L) "Resident" means a person in a graduate medical education
program which has received accreditation from a nationally recognized
accreditation body or in a program approved by any other nationally
recognized organization for medical, osteopathic or dental residency
programs including, but not limited to, specialty boards.
[(p) "Shortage specialty" means a specialty determined by the commis-
sioner, in consultation with the council, to be in short supply in the
state of New York.
(q)] (M) "Sponsoring institution" means the entity that has the over-
all responsibility for a program of graduate medical education. Such
institutions shall include teaching general hospitals, medical schools,
consortia and diagnostic and treatment centers.
[(r)] (N) "Weighted resident count" means a teaching general hospi-
tal's total number of residents as of July first, nineteen hundred nine-
ty-five, including residents in affiliated non-hospital ambulatory
settings, reported to the commissioner. Such resident counts shall
reflect the weights established in accordance with rules and regulations
adopted by the state hospital review and planning council and approved
by the commissioner for purposes of implementing subdivision twenty-five
of section twenty-eight hundred seven-c of this article and in effect on
July first, nineteen hundred ninety-five. Such weights shall not be
applied to specialty hospitals, specified by the commissioner, whose
primary care mission is to engage in research, training and clinical
care in specialty eye and ear, special surgery, orthopedic, joint
disease, cancer, chronic care or rehabilitative services.
S. 3007 37 A. 3007
[(s)] (O) "Adjustment amount" means an amount determined for each
teaching hospital for periods prior to January first, two thousand nine
by:
(i) determining the difference between (A) a calculation of what each
teaching general hospital would have been paid if payments made pursuant
to paragraph (a-3) of subdivision one of section twenty-eight hundred
seven-c of this article between January first, nineteen hundred ninety-
six and December thirty-first, two thousand three were based solely on
the case mix of persons eligible for medical assistance under the
medical assistance program pursuant to title eleven of article five of
the social services law who are enrolled in health maintenance organiza-
tions and persons paid for under the family health plus program enrolled
in approved organizations pursuant to title eleven-D of article five of
the social services law during those years, and (B) the actual payments
to each such hospital pursuant to paragraph (a-3) of subdivision one of
section twenty-eight hundred seven-c of this article between January
first, nineteen hundred ninety-six and December thirty-first, two thou-
sand three.
(ii) reducing proportionally each of the amounts determined in subpar-
agraph (i) of this paragraph so that the sum of all such amounts totals
no more than one hundred million dollars;
(iii) further reducing each of the amounts determined in subparagraph
(ii) of this paragraph by the amount received by each hospital as a
distribution from funds designated in paragraph (a) of subdivision five
of this section attributable to the period January first, two thousand
three through December thirty-first, two thousand three, except that if
such amount was provided to a consortium then the amount of the
reduction for each hospital in the consortium shall be determined by
applying the proportion of each hospital's amount determined under
subparagraph (i) of this paragraph to the total of such amounts of all
hospitals in such consortium to the consortium award;
(iv) further reducing each of the amounts determined in subparagraph
(iii) of this paragraph by the amounts specified in paragraph [(t)] (P)
of this subdivision; and
(v) dividing each of the amounts determined in subparagraph (iii) of
this paragraph by seven.
[(t)] (P) "Extra reduction amount" shall mean an amount determined for
a teaching hospital for which an adjustment amount is calculated pursu-
ant to paragraph [(s)] (O) of this subdivision that is the hospital's
proportionate share of the sum of the amounts specified in paragraph
[(u)] (Q) of this subdivision determined based upon a comparison of the
hospital's remaining liability calculated pursuant to paragraph [(s)]
(O) of this subdivision to the sum of all such hospital's remaining
liabilities.
[(u)] (Q) "Allotment amount" shall mean an amount determined for
teaching hospitals as follows:
(i) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision does not apply, the amount received
by the hospital pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three, or
(ii) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision applies and which received a
distribution pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three that is greater than
S. 3007 38 A. 3007
the hospital's adjustment amount, the difference between the distrib-
ution amount and the adjustment amount.
(f) Effective January first, two thousand five through December thir-
ty-first, two thousand eight, each teaching general hospital shall
receive a distribution from the applicable regional pool based on its
distribution amount determined under paragraphs (c), (d) and (e) of this
subdivision and reduced by its adjustment amount calculated pursuant to
paragraph [(s)] (O) of subdivision one of this section and, for distrib-
utions for the period January first, two thousand five through December
thirty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph [(t)] (P) of subdivision one of
this section.
(a) Up to thirty-one million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand three,
and up to twenty-five million dollars plus the sum of the amounts speci-
fied in paragraph [(n)] (K) of subdivision one of this section for the
period January first, two thousand five through December thirty-first,
two thousand five, and up to thirty-one million dollars annually for the
period January first, two thousand six through December thirty-first,
two thousand seven, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section for supplemental distributions in each such region to be made by
the commissioner to consortia and teaching general hospitals in accord-
ance with a distribution methodology developed in consultation with the
council and specified in rules and regulations adopted by the commis-
sioner.
(d) Notwithstanding any other provision of law or regulation, for the
period January first, two thousand five through December thirty-first,
two thousand five, the commissioner shall distribute as supplemental
payments the allotment specified in paragraph [(n)] (K) of subdivision
one of this section.
5-a. Graduate medical education innovations pool. (a) Supplemental
distributions. (i) Thirty-one million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10 of the
codes, rules and regulations of the state of New York as in effect on
January first, two thousand eight[; provided, however, for purposes of
funding the empire clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two of
subdivision (f) of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made using
two regions defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars].
(ii) For periods on and after January first, two thousand nine,
supplemental distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the codes, rules
and regulations of the state of New York shall no longer be made and the
provisions of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
S. 3007 39 A. 3007
(b) [Empire clinical research investigator program (ECRIP). Nine
million one hundred twenty thousand dollars annually for the period
January first, two thousand nine through December thirty-first, two
thousand ten, and two million two hundred eighty thousand dollars for
the period January first, two thousand eleven, through March thirty-
first, two thousand eleven, nine million one hundred twenty thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, up to eight
million six hundred twelve thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to eight million six hundred twelve
thousand dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand twenty, up
to eight million six hundred twelve thousand dollars each state fiscal
year for the period April first, two thousand twenty through March thir-
ty-first, two thousand twenty-three, and up to eight million six hundred
twelve thousand dollars each state fiscal year for the period April
first, two thousand twenty-three through March thirty-first, two thou-
sand twenty-six, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section to be allocated regionally with two-thirds of the available
funding going to New York city and one-third of the available funding
going to the rest of the state and shall be available for distribution
as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
S. 3007 40 A. 3007
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
S. 3007 41 A. 3007
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(4) establish the qualifications for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
(5) establish a methodology for the distribution of funds under ECRIP
grant awards.
(c)] Physician loan repayment program. One million nine hundred sixty
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, one million nine
hundred sixty thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
S. 3007 42 A. 3007
sand fourteen, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, up to one million
seven hundred five thousand dollars each state fiscal year for the peri-
od April first, two thousand seventeen through March thirty-first, two
thousand twenty, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand twenty
through March thirty-first, two thousand twenty-three, and up to one
million seven hundred five thousand dollars each state fiscal year for
the period April first, two thousand twenty-three through March thirty-
first, two thousand twenty-six, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for purposes of physician
loan repayment in accordance with subdivision ten of this section.
Notwithstanding any contrary provision of this section, sections one
hundred twelve and one hundred sixty-three of the state finance law, or
any other contrary provision of law, such funding shall be allocated
regionally with one-third of available funds going to New York city and
two-thirds of available funds going to the rest of the state and shall
be distributed in a manner to be determined by the commissioner without
a competitive bid or request for proposal process as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(d)] (C) Physician practice support. Four million nine hundred thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight, four million nine hundred
thousand dollars annually for the period January first, two thousand
nine through December thirty-first, two thousand ten, one million two
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, four
million three hundred thousand dollars each state fiscal year for the
S. 3007 43 A. 3007
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, up to four million three hundred sixty thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, up to four
million three hundred sixty thousand dollars for each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-first, two thousand twenty, up to four million three hundred sixty
thousand dollars for each fiscal year for the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
and up to four million three hundred sixty thousand dollars for each
fiscal year for the period April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
purposes of physician practice support. Notwithstanding any contrary
provision of this section, sections one hundred twelve and one hundred
sixty-three of the state finance law, or any other contrary provision of
law, such funding shall be allocated regionally with one-third of avail-
able funds going to New York city and two-thirds of available funds
going to the rest of the state and shall be distributed in a manner to
be determined by the commissioner without a competitive bid or request
for proposal process as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians trained in primary or specialty tracks who thereafter estab-
lish or join practices in underserved communities, as determined by the
commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians to support
the cost of establishing or joining practices in underserved communi-
ties, as determined by the commissioner, and to hospitals and other
health care providers to recruit new physicians to provide services in
underserved communities, as determined by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
[(e)] (D) Work group. For funding available pursuant to paragraphs (B)
AND (c)[, (d) and (e)] of this subdivision:
(i) The department shall appoint a work group from recommendations
made by associations representing physicians, general hospitals and
other health care facilities to develop a streamlined application proc-
ess by June first, two thousand twelve.
(ii) Subject to available funding, applications shall be accepted on a
continuous basis. The department shall provide technical assistance to
applicants to facilitate their completion of applications. An applicant
shall be notified in writing by the department within ten days of
receipt of an application as to whether the application is complete and
if the application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt of
a complete application.
[(f)] (E) Study on physician workforce. Five hundred ninety thousand
dollars annually for the period January first, two thousand eight
through December thirty-first, two thousand ten, one hundred forty-eight
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, five hundred sixteen
thousand dollars each state fiscal year for the period April first, two
S. 3007 44 A. 3007
thousand eleven through March thirty-first, two thousand fourteen, up to
four hundred eighty-seven thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to four hundred eighty-seven thousand
dollars for each state fiscal year for the period April first, two thou-
sand seventeen through March thirty-first, two thousand twenty, up to
four hundred eighty-seven thousand dollars each state fiscal year for
the period April first, two thousand twenty through March thirty-first,
two thousand twenty-three, and up to four hundred eighty-seven thousand
dollars each state fiscal year for the period April first, two thousand
twenty-three through March thirty-first, two thousand twenty-six, shall
be set aside and reserved by the commissioner from the regional pools
established pursuant to subdivision two of this section and shall be
available to fund a study of physician workforce needs and solutions
including, but not limited to, an analysis of residency programs and
projected physician workforce and community needs. The commissioner
shall enter into agreements with one or more organizations to conduct
such study based on a request for proposal process.
[(g)] (F) Diversity in medicine/post-baccalaureate program. Notwith-
standing any inconsistent provision of section one hundred twelve or one
hundred sixty-three of the state finance law or any other law, one
million nine hundred sixty thousand dollars annually for the period
January first, two thousand eight through December thirty-first, two
thousand ten, four hundred ninety thousand dollars for the period Janu-
ary first, two thousand eleven through March thirty-first, two thousand
eleven, one million seven hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, up to one million six hundred five
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen, up
to one million six hundred five thousand dollars each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-first, two thousand twenty, up to one million six hundred five thou-
sand dollars each state fiscal year for the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
and up to one million six hundred five thousand dollars each state
fiscal year for the period April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
distributions to the Associated Medical Schools of New York to fund its
diversity program including existing and new post-baccalaureate programs
for minority and economically disadvantaged students and encourage
participation from all medical schools in New York. The associated
medical schools of New York shall report to the commissioner on an annu-
al basis regarding the use of funds for such purpose in such form and
manner as specified by the commissioner.
[(h)] (G) In the event there are undistributed funds within amounts
made available for distributions pursuant to this subdivision, such
funds may be reallocated and distributed in current or subsequent
distribution periods in a manner determined by the commissioner for any
purpose set forth in this subdivision.
12. Notwithstanding any provision of law to the contrary, applications
submitted on or after April first, two thousand sixteen, for the physi-
cian loan repayment program pursuant to paragraph [(c)] (B) of subdivi-
sion five-a of this section and subdivision ten of this section or the
S. 3007 45 A. 3007
physician practice support program pursuant to paragraph [(d)] (C) of
subdivision five-a of this section, shall be subject to the following
changes:
(a) Awards shall be made from the total funding available for new
awards under the physician loan repayment program and the physician
practice support program, with neither program limited to a specific
funding amount within such total funding available;
(b) An applicant may apply for an award for either physician loan
repayment or physician practice support, but not both;
(c) An applicant shall agree to practice for three years in an under-
served area and each award shall provide up to forty thousand dollars
for each of the three years; and
(d) To the extent practicable, awards shall be timed to be of use for
job offers made to applicants.
§ 4. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 8 of part Y of
chapter 56 of the laws of 2020, is amended to read as follows:
(xvi) provided further, however, for periods prior to July first, two
thousand nine, amounts set forth in this paragraph shall be reduced by
an amount equal to the actual distribution reductions for all facilities
pursuant to paragraph [(s)] (O) of subdivision one of section twenty-
eight hundred seven-m of this article.
§ 5. Subdivision (c) of section 92-dd of the state finance law, as
amended by section 9 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
(c) The pool administrator shall, from appropriated funds transferred
to the pool administrator from the comptroller, continue to make
payments as required pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-m (not including payments made pursuant to
SUBDIVISION FIVE-B AND paragraphs (B), (c)[, (d),, (f)] and [(g)] (F) of
subdivision five-a of section twenty-eight hundred seven-m), and twen-
ty-eight hundred seven-w of the public health law, paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of the
public health law, paragraphs (b) and (c) of subdivision thirty of
section twenty-eight hundred seven-c of the public health law, paragraph
(b) of subdivision eighteen of section twenty-eight hundred eight of the
public health law, subdivision seven of section twenty-five hundred-d of
the public health law and section eighty-eight of chapter one of the
laws of nineteen hundred ninety-nine.
§ 6. Article 27-H of the public health law, as added by chapter 550 of
the laws of 1998, is REPEALED.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART I
Section 1. Subdivision 1 of section 4148 of the public health law, as
added by chapter 352 of the laws of 2013, is amended to read as follows:
1. The department is hereby authorized and directed to design, imple-
ment and maintain an electronic death registration system for collect-
ing, storing, recording, transmitting, amending, correcting and authen-
ticating information, as necessary and appropriate to complete a death
registration, and to generate such documents as determined by the
department in relation to a death occurring in this state. As part of
the design and implementation of the system established by this section,
the department shall consult with all persons authorized to use such
S. 3007 46 A. 3007
system to the extent practicable and feasible. [The payment referenced
in subdivision five of this section shall be collected for each burial
or removal permit issued on or after the effective date of this section
from the licensed funeral director or undertaker to whom such permit is
issued, in the manner specified by the department and shall be used
solely for the purpose set forth in subdivision five of this section.]
Except as specifically provided in this section, the existing general
duties of, and remuneration received by, local registrars in accepting
and filing certificates of death and issuing burial and removal permits
pursuant to any statute or regulation shall be maintained, and not
altered or abridged in any way by this section.
§ 2. Subdivision 5 of section 4148 of the public health law is
REPEALED.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART J
Section 1. The opening paragraph of subdivision 3 of section 2825-g of
the public health law, as added by section 1 of part K of chapter 57 of
the laws of 2022, is amended to read as follows:
Notwithstanding subdivision two of this section or any inconsistent
provision of law to the contrary, and upon approval of the director of
the budget, the commissioner may, subject to the availability of lawful
appropriation, award up to four hundred fifty million dollars of the
funds made available pursuant to this section for unfunded project
applications submitted in response to the request for application number
18406 issued by the department on September thirtieth, two thousand
twenty-one pursuant to section twenty-eight hundred twenty-five-f of
this article. Authorized amounts to be awarded pursuant to applications
submitted in response to the request for application number 18406 shall
be awarded no later than [December thirty-first, two thousand twenty-
two] FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-THREE. Provided, howev-
er, that a minimum of:
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART K
Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 2806-a of the
public health law, as added by section 50 of part E of chapter 56 of the
laws of 2013, paragraph (g) of subdivision 1 as added by section 7,
paragraph (a) of subdivision 2 as amended by section 8, and subparagraph
(iii) of paragraph (c) of subdivision 5 as amended by section 9 of part
K of chapter 57 of the laws of 2015, are amended to read as follows:
1. For the purposes of this section:
(a) "adult care facility" shall mean an adult home or enriched housing
program licensed pursuant to article seven of the social services law or
an assisted living residence licensed pursuant to article forty-six-B of
this chapter;
(b) "established operator" shall mean the operator of [an adult care
facility, a general hospital or a diagnostic and treatment center that
has been established and issued an operating certificate as such pursu-
ant to this article] A FACILITY, INCLUDING CORPORATIONS ESTABLISHED
PURSUANT TO ARTICLE TEN-C OF THE PUBLIC AUTHORITIES LAW;
S. 3007 47 A. 3007
(c) "facility" shall mean (i) a general hospital or a diagnostic and
treatment center that has been issued an operating certificate as such
pursuant to this article; or (ii) an adult care facility;
(d) "temporary operator" shall mean any person or entity that:
(i) agrees to operate a facility on a temporary basis in the best
interests of its residents or patients and the community served by the
facility; and
(ii) has demonstrated that [he or she has] THEY HAVE the character,
competence and financial ability to operate the facility in compliance
with applicable standards;
(e) "serious financial instability" shall include but not be limited
to defaulting or violating key covenants of loans, or missed mortgage
payments, or general untimely payment of obligations, including but not
limited to employee benefit fund, PAYROLL OR payroll tax, and insurance
premium obligations, or failure to maintain required debt service cover-
age ratios or, as applicable, factors that have triggered a written
event of default notice to the department by the dormitory authority of
the state of New York; and
(f) "extraordinary financial assistance" shall mean state funds
provided to a facility upon such facility's request for the purpose of
assisting the facility to address serious financial instability. Such
funds may be derived from existing programs within the department,
special appropriations, or other funds.
(g) "improper delegation of management authority by the governing
authority or operator" of a general hospital shall include, but not be
limited to, the delegation to an entity that has not been established as
an operator of the general hospital of (i) authority to hire or fire the
administrator or other key management employees; (ii) maintenance and
control of the books and records; (iii) authority over the disposition
of assets and the incurring of liabilities on behalf of the facility;
and (iv) the adoption and enforcement of policies regarding the opera-
tion of the facility. The criteria set forth in this paragraph shall not
be the sole determining factors, but indicators to be considered with
such other factors that may be pertinent in particular instances.
Professional expertise shall be exercised in the utilization of the
criteria. All of the listed indicia need not be present in a given
instance for there to be an improper delegation of authority.
2. (a) In the event that: (i) a facility seeks extraordinary financial
assistance [and] OR the commissioner finds that the facility is experi-
encing serious financial instability that is jeopardizing existing or
continued access to essential services within the community[,]; or (ii)
the commissioner finds that there are conditions within the facility
that seriously endanger the life, health or safety of residents or
patients[, the commissioner may appoint a temporary operator to assume
sole control and sole responsibility for the operations of that facili-
ty,]; or (iii) the commissioner finds that there has been an improper
delegation of management authority by the governing authority or opera-
tor of a general hospital[,]; the commissioner [shall] MAY appoint a
temporary operator to assume sole control and sole responsibility for
the operations of that facility. The appointment of the temporary opera-
tor shall be effectuated pursuant to this section and shall be in addi-
tion to any other remedies provided by law.
(b) The established operator of a facility may at any time request the
commissioner to appoint a temporary operator. Upon receiving such a
request, the commissioner may, if [he or she determines] THEY DETERMINE
that such an action is necessary to restore or maintain the provision of
S. 3007 48 A. 3007
quality care to the residents or patients, or alleviate the facility's
financial instability, enter into an agreement with the established
operator for the appointment of a temporary operator to assume sole
control and sole responsibility for the operations of that facility.
3. (a) A temporary operator appointed pursuant to this section shall,
[prior to his or her] WITHIN THIRTY DAYS OF THEIR appointment as tempo-
rary operator, provide the commissioner with a work plan satisfactory to
the commissioner to address the facility's deficiencies and serious
financial instability and a schedule for implementation of such plan. [A
work plan shall not be required prior to the appointment of the tempo-
rary operator pursuant to clause (ii) of paragraph (a) of subdivision
two of this section if the commissioner has determined that the immedi-
ate appointment of a temporary operator is necessary because public
health or safety is in imminent danger or there exists any condition or
practice or a continuing pattern of conditions or practices which poses
imminent danger to the health or safety of any patient or resident of
the facility. Where such immediate appointment has been found to be
necessary, the temporary operator shall provide the commissioner with a
work plan satisfactory to the commissioner as soon as practicable.]
(b) The temporary operator shall use [his or her] THEIR best efforts
to implement the work plan provided to the commissioner, if applicable,
and to correct or eliminate any deficiencies or financial instability in
the facility and to promote the quality and accessibility of health care
services in the community served by the facility. THE TEMPORARY OPERA-
TOR'S AUTHORITY SHALL INCLUDE, BUT NOT BE LIMITED TO, HIRING OR FIRING
OF THE FACILITY ADMINISTRATOR AND OTHER KEY MANAGEMENT EMPLOYEES; MAIN-
TENANCE AND CONTROL OF THE BOOKS AND RECORDS; AUTHORITY OVER THE DISPO-
SITION OF ASSETS AND THE INCURRING OF LIABILITIES ON BEHALF OF THE
FACILITY; AND THE ADOPTION AND ENFORCEMENT OF POLICIES REGARDING THE
OPERATION OF THE FACILITY. Such correction or elimination of deficien-
cies or serious financial instability shall not include major alter-
ations of the physical structure of the facility. During the term of
[his or her] THEIR appointment, the temporary operator shall have the
sole authority to direct the management of the facility in all aspects
of operation and shall be afforded full access to the accounts and
records of the facility. The temporary operator shall, during this peri-
od, operate the facility in such a manner as to promote safety and the
quality and accessibility of health care services or residential care in
the community served by the facility. The temporary operator shall have
the power to let contracts therefor or incur expenses on behalf of the
facility, provided that where individual items of repairs, improvements
or supplies exceed ten thousand dollars, the temporary operator shall
obtain price quotations from at least three reputable sources. The
temporary operator shall not be required to file any bond. No security
interest in any real or personal property comprising the facility or
contained within the facility, or in any fixture of the facility, shall
be impaired or diminished in priority by the temporary operator. Neither
the temporary operator nor the department shall engage in any activity
that constitutes a confiscation of property without the payment of fair
compensation.
4. The temporary operator shall be entitled to a reasonable fee, as
determined by the commissioner, and necessary expenses incurred during
[his or her] THEIR performance as temporary operator, to be paid from
the revenue of the facility. The temporary operator shall collect incom-
ing payments from all sources and apply them to the reasonable fee and
to costs incurred in the performance of [his or her] THEIR functions as
S. 3007 49 A. 3007
temporary operator in correcting deficiencies and causes of serious
financial instability. The temporary operator shall be liable only in
[his or her] THEIR capacity as temporary operator for injury to person
and property by reason of conditions of the facility in a case where an
established operator would have been liable; [he or she] THEY shall not
have any liability in [his or her] THEIR personal capacity, except for
gross negligence and intentional acts.
5. (a) The initial term of the appointment of the temporary operator
shall not exceed one hundred eighty days. After one hundred eighty days,
if the commissioner determines that termination of the temporary opera-
tor would cause significant deterioration of the quality of, or access
to, health care or residential care in the community or that reappoint-
ment is necessary to correct the conditions within the facility that
seriously endanger the life, health or safety of residents or patients,
or the financial instability that required the appointment of the tempo-
rary operator, the commissioner may authorize up to two additional
[ninety-day] ONE HUNDRED EIGHTY-DAY terms.
(b) Upon the completion of the [two ninety-day] UP TO THREE ONE
HUNDRED EIGHTY-DAY terms referenced in paragraph (a) of this subdivi-
sion,
(i) if the established operator is the debtor in a bankruptcy proceed-
ing, and the commissioner determines that the temporary operator
requires additional terms to operate the facility during the pendency of
the bankruptcy proceeding and to carry out any plan resulting from the
proceeding, the commissioner may reappoint the temporary operator for
additional ninety-day terms until the termination of the bankruptcy
proceeding, provided that the commissioner shall provide for notice and
a hearing as set forth in subdivision six of this section; or
(ii) if the established operator requests the reappointment of the
temporary operator, the commissioner may reappoint the temporary opera-
tor for one additional ninety-day term, pursuant to an agreement between
the established operator, the temporary operator and the department.
(c) [Within fourteen] NO SOONER THAN SIXTY DAYS AND NO LATER THAN
THIRTY days prior to the termination of each term of the appointment of
the temporary operator, the temporary operator shall submit to the
commissioner and to the established operator a report describing:
(i) the actions taken during the appointment to address [such] THE
deficiencies and financial instability THAT LED TO APPOINTMENT OF THE
TEMPORARY OPERATOR,
(ii) objectives for the continuation of the temporary operatorship if
necessary and a schedule for satisfaction of such objectives,
(iii) recommended actions for the ongoing operation of the facility
subsequent to the term of the temporary operator including recommenda-
tions regarding the proper management of the facility and ongoing agree-
ments with individuals or entities with proper delegation of management
authority; and
(iv) [with respect to the first ninety-day term referenced in para-
graph (a) of this subdivision,] a plan AND TIMELINE for sustainable
operation to avoid closure, or FOR THE transformation of the facility
which may include any option permissible under this chapter or the
social services law and implementing regulations thereof; AND, WHERE
APPLICABLE, A RECOMMENDATION WITH RATIONALE FOR AN ADDITIONAL TEMPORARY
OPERATOR TERM. The report shall reflect best efforts to produce a full
and complete accounting.
EACH REPORT PURSUANT TO THIS PARAGRAPH SHALL BE REVIEWED BY THE COMMIS-
SIONER, WHO MAY CONSULT WITH THE TEMPORARY OPERATOR AND THE ESTABLISHED
S. 3007 50 A. 3007
OPERATOR AND MAKE MODIFICATIONS IF NECESSARY. PRIOR TO EXPIRATION OF THE
TEMPORARY OPERATOR'S FINAL TERM, A FINAL REPORT SHALL BE SUBMITTED BY
THE TEMPORARY OPERATOR AND APPROVED BY THE COMMISSIONER. THE ESTAB-
LISHED OPERATOR SHALL IMPLEMENT THE RECOMMENDED ACTIONS ACCORDING TO THE
FINAL REPORT. IF THE ESTABLISHED OPERATOR AT ANY TIME DEMONSTRATES
UNWILLINGNESS TO MAKE OR IMPLEMENT CHANGES IDENTIFIED IN THE FINAL
REPORT, THE COMMISSIONER MAY EXTEND THE TERM OF, OR REINSTATE, THE
TEMPORARY OPERATOR, AND/OR THE COMMISSIONER MAY MOVE TO AMEND OR REVOKE
THE ESTABLISHED OPERATOR'S OPERATING CERTIFICATE.
(d) The term of the initial appointment and of any subsequent reap-
pointment may be terminated prior to the expiration of the designated
term, if the established operator and the commissioner agree on a plan
of correction and the implementation of such plan.
6. (a) The commissioner, upon making a determination to appoint a
temporary operator pursuant to paragraph (a) of subdivision two of this
section shall, prior to the commencement of the appointment, cause the
established operator of the facility to be notified of the determination
by registered or certified mail addressed to the principal office of the
established operator. Such notification shall include a detailed
description of the findings underlying the determination to appoint a
temporary operator, and the date and time of a required meeting with the
commissioner and/or [his or her] THEIR designee within ten business days
of the date of such notice. At such meeting, the established operator
shall have the opportunity to review and discuss all relevant findings.
At such meeting [or within ten additional business days,] the commis-
sioner and the established operator shall attempt to develop a mutually
satisfactory plan of correction and schedule for implementation. In the
event such plan of correction is agreed upon, the commissioner shall
notify the established operator that the commissioner no longer intends
to appoint a temporary operator. A meeting shall not be required prior
to the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility. Where such immediate appointment
has been found to be necessary, the commissioner shall provide the
established operator with a notice as required under this paragraph on
the date of the appointment of the temporary operator.
(b) Should the commissioner and the established operator be unable to
establish a plan of correction pursuant to paragraph (a) of this subdi-
vision, or should the established operator fail to respond to the
commissioner's initial notification, a temporary operator shall be
appointed as soon as is practicable and shall operate pursuant to the
provisions of this section.
(c) The established operator shall be afforded an opportunity for an
administrative hearing on the commissioner's determination to appoint a
temporary operator. [Such administrative hearing shall occur prior to
such appointment, except that the hearing shall not be required prior to
the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
S. 3007 51 A. 3007
patient or resident of the facility.] An administrative hearing as
provided for under this paragraph shall begin no later than [sixty]
THIRTY days from the date [of the notice to the established operator]
THE TEMPORARY OPERATOR IS APPOINTED and shall not be extended without
the consent of both parties. Any such hearing shall be strictly limited
to the issue of whether the determination of the commissioner to appoint
a temporary operator is supported by substantial evidence. A [copy of
the] decision shall be MADE AND sent to the [established operator]
PARTIES NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THE HEARING.
(d) The commissioner shall, upon making a determination to reappoint a
temporary operator for the first of an additional [ninety-day] ONE
HUNDRED EIGHTY-DAY term pursuant to paragraph (a) of subdivision five of
this section, cause the established operator of the facility to be noti-
fied of the determination by registered or certified mail addressed to
the principal office of the established operator. If the commissioner
determines that additional reappointments pursuant to subparagraph (i)
of paragraph (b) of subdivision five of this section are required, the
commissioner shall again cause the established operator of the facility
to be notified of such determination by registered or certified mail
addressed to the principal office of the established operator at the
commencement of the first of every two additional terms. Upon receipt of
such notification at the principal office of the established operator
and before the expiration of ten days thereafter, the established opera-
tor may request an administrative hearing on the determination, to begin
no later than [sixty] THIRTY days from the date of the reappointment of
the temporary operator. Any such hearing shall be strictly limited to
the issue of whether the determination of the commissioner to reappoint
the temporary operator is supported by substantial evidence.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 2806-a of the public health law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART L
Section 1. Section 18-c of the public health law, as added by section
4 of part O of chapter 57 of the laws of 2024, is amended to read as
follows:
§ 18-c. Separate patient consent for treatment and payment for health
care services. Informed consent from a patient to provide any treatment,
procedure, examination or other direct health care services shall be
obtained separately from such patient's consent to pay for the services.
Consent to pay for any NON-EMERGENCY health care services by a patient
shall not be given prior to [the patient receiving such services and]
discussing treatment costs. For purposes of this section, "consent"
means an action which: (a) clearly and conspicuously communicates the
individual's authorization of an act or practice; (b) is made in the
absence of any mechanism in the user interface that has the purpose or
substantial effect of obscuring, subverting, or impairing decision-mak-
ing or choice to obtain consent; and (c) cannot be inferred from
inaction.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART M
S. 3007 52 A. 3007
Section 1. Subdivision 4 of section 2805-a of the public health law,
as renumbered by chapter 2 of the laws of 1988, is renumbered subdivi-
sion 5 and a new subdivision 4 is added to read as follows:
4. EVERY GENERAL HOSPITAL OPERATING UNDER THE PROVISIONS OF THIS ARTI-
CLE SHALL FILE WITH THE COMMISSIONER, IN A FORMAT PRESCRIBED BY THE
DEPARTMENT, WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE END OF ITS FISCAL
YEAR, A CERTIFIED REPORT, TO BE CONSPICUOUSLY POSTED ON THE DEPARTMENT'S
WEBSITE, SHOWING HOW THE HOSPITAL SPENT COMMUNITY BENEFIT EXPENSES,
INCLUDING BUT NOT LIMITED TO:
(A) FINANCIAL ASSISTANCE AT COST, WHICH SHALL INCLUDE ANY FREE OR
DISCOUNTED SERVICES FOR THOSE WHO CANNOT AFFORD TO PAY AND MEET THE
HOSPITAL'S FINANCIAL ASSISTANCE CRITERIA;
(B) UNREIMBURSED COSTS FROM MEDICAID;
(C) UNREIMBURSED COSTS FROM THE CHILDREN'S HEALTH INSURANCE PROGRAM OR
OTHER MEANS-TESTED GOVERNMENT PROGRAMS;
(D) COMMUNITY HEALTH IMPROVEMENT SERVICES AND COMMUNITY BENEFIT OPER-
ATIONS, WHICH SHALL INCLUDE COSTS ASSOCIATED WITH PLANNING OR OPERATING
COMMUNITY BENEFIT PROGRAMS, BUT SHALL NOT INCLUDE ACTIVITIES OR PROGRAMS
IF THEY ARE PROVIDED PRIMARILY FOR MARKETING PURPOSES OR IF THEY ARE
MORE BENEFICIAL TO THE HOSPITAL THAN TO THE COMMUNITY;
(E) HEALTH PROFESSIONS EDUCATION PROGRAMS THAT RESULT IN A DEGREE OR
CERTIFICATE OR TRAINING NECESSARY FOR RESIDENTS OR INTERNS TO BE CERTI-
FIED;
(F) SUBSIDIZED HEALTH SERVICES, WHICH SHALL INCLUDE SERVICES WITH A
NEGATIVE MARGIN, SERVICES THAT MEET AN IDENTIFIABLE COMMUNITY NEED AND
SERVICES THAT IF NO LONGER OFFERED WOULD BE UNAVAILABLE OR FALL TO THE
RESPONSIBILITY OF ANOTHER NONPROFIT OR GOVERNMENT AGENCY;
(G) RESEARCH THAT PRODUCES GENERALIZABLE KNOWLEDGE AND IS FUNDED BY
TAX-EXEMPT SOURCES;
(H) CASH AND IN-KIND CONTRIBUTIONS FOR COMMUNITY BENEFIT, FOR WHICH
IN-KIND DONATIONS MAY INCLUDE THE INDIRECT COST OF SPACE DONATED TO
COMMUNITY GROUPS AND THE DIRECT COST OF DONATED FOOD OR SUPPLIES; AND
(I) HOW SUCH COMMUNITY BENEFIT EXPENSES SUPPORT THE PRIORITIES OF NEW
YORK STATE, AS OUTLINED IN GUIDANCE, INCLUDING BUT NOT LIMITED TO THE
NEW YORK STATE PREVENTION AGENDA AS DEVELOPED BY THE DEPARTMENT.
§ 2. This act shall take effect October 1, 2025. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART N
Section 1. Subdivision 1 of section 250 of the public health law, as
added by chapter 338 of the laws of 1998, is amended to read as follows:
1. A spinal cord injury research board is hereby created within the
department for the purpose of administering spinal cord injury research
projects and administering the spinal cord injury research trust fund
created pursuant to section ninety-nine-f of the state finance law. The
purpose of research projects administered by the board shall be [neuro-
logical] research towards TREATMENT AND a cure for such injuries and
their effects INCLUDING, BUT NOT LIMITED TO, HEALTH-RELATED QUALITY OF
LIFE IMPROVEMENTS. The members of the spinal cord injury research board
shall include but not be limited to representatives of the following
fields: neuroscience, neurology, neuro-surgery, neuro-pharmacology, and
spinal cord rehabilitative medicine. The board shall be composed of
thirteen members, seven of whom shall be appointed by the governor, two
S. 3007 53 A. 3007
of whom shall be appointed by the temporary president of the senate, two
of whom shall be appointed by the speaker of the assembly, one of whom
shall be appointed by the minority leader of the senate, and one of whom
shall be appointed by the minority leader of the assembly.
§ 2. Subdivision 2 of section 251 of the public health law, as added
by chapter 338 of the laws of 1998, is amended to read as follows:
2. Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the spinal cord injury research trust fund, created pursuant
to section ninety-nine-f of the state finance law, to conduct research
programs which focus on the treatment and cure of spinal cord [injury]
INJURIES AND THEIR EFFECTS. The board shall make recommendations to the
commissioner, and the commissioner shall, in [his or her] THEIR
discretion, grant approval of applications for grants from those appli-
cations recommended by the board.
§ 3. This act shall take effect immediately.
PART O
Section 1. Subdivision (b) of schedule I of section 3306 of the public
health law is amended by adding eighteen new paragraphs 93, 94, 95, 96,
97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 to
read as follows:
(93) 1-METHOXY-3-{4-(2-METHOXY-2-PHENYLETHYL)PIPERAZIN-1-YL}-1-PHENYLP
ROPAN-2-OL. OTHER NAME: ZIPEPROL.
(94) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)E
THAN-1-AMINE. OTHER NAME: METONITAZENE.
(95) N-(3-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
OTHER NAME: META-FLUOROFENTANYL.
(96) N-(3-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: META-FLUOROISOBUTYRYL FENTANYL.
(97) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXA
MIDE. OTHER NAME: PARA-METHOXYFURANYLFENTANYL.
(98) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-3-CARBOXAMIDE. OTHER
NAME: 3-FURANYL FENTANYL.
(99) N-(1-(2,5-DIMETHOXYPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLPROPIONA
MIDE. OTHER NAME: 2',5'-DIMETHOXYFENTANYL.
(100) 3-METHYL-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTANAMIDE. OTHER
NAME: ISOVALERYL FENTANYL.
(101) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXA
MIDE. OTHER NAME: ORTHO-FLUOROFURANYLFENTANYL.
(102) 2-METHYL-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTANAMIDE. OTHER
NAME: ALPHA'-METHYL BUTYRYL FENTANYL.
(103) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)CYCLOPROPANECAR
BOXAMIDE. OTHER NAME: PARA-METHYLCYCLOPROPYL FENTANYL.
(104) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-
AMINE. OTHER NAMES: ETODESNITAZENE; ETAZENE.
(105) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H-BENZI
MIDAZOLE. OTHER NAMES: N-PYRROLIDINOETONITAZENE; ETONITAZEPYNE.
(106) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE.
(107) 1-(2-METHYL-4-(3-PHENYLPROP-2-EN-1-YL)PIPERAZIN-1-YL)BUTAN-1-
ONE. OTHER NAME: 2-METHYL AP-237.
(108) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYL
ETHAN-1-AMINE. OTHER NAME: BUTONITAZENE.
S. 3007 54 A. 3007
(109) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: FLUNITAZENE.
(110) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1-
AMINE). OTHER NAME: METODESNITAZENE.
§ 2. Paragraphs 11 and 36 of subdivision (d) of schedule I of section
3306 of the public health law, paragraph 11 as added by chapter 664 of
the laws of 1985 and paragraph 36 as added by section 5 of part BB of
chapter 57 of the laws of 2018, are amended to read as follows:
(11) [Ibogane] IBOGAINE. Some trade and other names: [7-ethyl-6, 6&,
7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido
{1',2':1,2} azepino {5,4-b} indole: tabernanthe iboga.]
7-ETHYL-6,6&,7,8,9,10,12,13-OCTAHYDRO-2-METHOXY-6, 9-METHANO-5H-PYRIDO{1'
,2':1,2} AZEPINO {5,4-B} INDOLE; TABERNANTHE IBOGA.
(36) 5-methoxy-N,N-dimethyltryptamine. SOME TRADE OR OTHER NAMES:
5-METHOXY-3-{2-(DIMETHYLAMINO)ETHYL}INDOLE; 5-MEO-DMT.
§ 3. Subdivision (d) of schedule I of section 3306 of the public
health law is amended by adding nineteen new paragraphs 32, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 to read as
follows:
(32) 4-METHYL-N-ETHYLCATHINONE. SOME TRADE OR OTHER NAMES: 4-MEC.
(39) 4-METHYL-ALPHA-PYRROLIDINOPROPIOPHENONE. SOME TRADE OR OTHER
NAMES: 4-MEPPP.
(40) ALPHA-PYRROLIDINOPENTIOPHENONE. SOME TRADE OR OTHER NAMES: @-PVP.
(41) 1-(1,3-BENZODIOXOL-5-YL)-2-(METHYLAMINO)BUTAN-1-ONE. SOME TRADE
OR OTHER NAMES: BUTYLONE; BK-MBDB.
(42) 2-(METHYLAMINO)-1-PHENYLPENTAN-1-ONE. SOME TRADE OR OTHER NAMES:
PENTEDRONE.
(43) 1-(1,3-BENZODIOXOL-5-YL)-2-(METHYLAMINO)PENTAN-1-ONE. SOME TRADE
OR OTHER NAMES: PENTYLONE; BK-MBDP.
(44) 1-(NAPHTHALEN-2-YL)-2-(PYRROLIDIN-1-YL)PENTAN-1-ONE. SOME TRADE
OR OTHER NAMES: NAPHYRONE.
(45) ALPHA-PYRROLIDINOBUTIOPHENONE. SOME TRADE OR OTHER NAMES: @-PBP.
(46) 1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)PROPAN-1-ONE. SOME TRADE
OR OTHER NAMES: ETHYLONE.
(47) N-ETHYLPENTYLONE. SOME TRADE OR OTHER NAMES: EPHYLONE;
1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)PENTAN-1-ONE).
(48) 1-(4-METHOXYPHENYL)-N-METHYLPROPAN-2-AMINE. SOME TRADE OR OTHER
NAMES: PARA-METHOXYMETHAMPHETAMINE; PMMA.
(49) N-ETHYLHEXEDRONE. SOME TRADE OR OTHER NAMES: @-ETHYLAMINOHEXANO
PHENONE; 2-(ETHYLAMINO)-1-PHENYLHEXAN-1-ONE.
(50) ALPHA-PYRROLIDINOHEXANOPHENONE. SOME TRADE OR OTHER NAMES: @-PHP;
1-PHENYL-2-(PYRROLIDIN-1-YL)HEXAN-1-ONE.
(51) 4-METHYL-ALPHA-ETHYLAMINOPENTIOPHENONE. SOME TRADE OR OTHER
NAMES: 4-MEAP; 2-(ETHYLAMINO)-1-(4-METHYLPHENYL)PENTAN-1-ONE.
(52) 4'-METHYL-ALPHA-PYRROLIDINOHEXIOPHENONE. SOME TRADE OR OTHER
NAMES: MPHP; 4'-METHYL-ALPHA-PYRROLIDINOHEXANOPHENONE; 1-(4-METHYLPHE
NYL)-2-(PYRROLIDIN-1-YL)HEXAN-1-ONE.
(53) ALPHA-PYRROLIDINOHEPTAPHENONE. SOME TRADE OR OTHER NAMES: PV8;
1-PHENYL-2-(PYRROLIDIN-1-YL)HEPTAN-1-ONE.
(54) 4'-CHLORO-ALPHA-PYRROLIDINOVALEROPHENONE. SOME TRADE OR OTHER
NAMES: 4-CHLORO-@-PVP; 4'-CHLORO-ALPHA-PYRROLIDINOPENTIOPHENONE; 1-(4-
CHLOROPHENYL)-2-(PYRROLIDIN-1-YL)PENTAN-1-ONE.
(55) 2-(ETHYLAMINO)-2-(3-METHOXYPHENYL)CYCLOHEXAN-1-ONE. SOME TRADE OR
OTHER NAMES: METHOXETAMINE; MXE.
(56) 1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)BUTAN-1-ONE. SOME TRADE OR
OTHER NAMES: EUTYLONE; BK-EBDB.
S. 3007 55 A. 3007
§ 4. Subdivision (e) of schedule I of section 3306 of the public
health law is amended by adding five new paragraphs 7, 8, 9, 10 and 11
to read as follows:
(7) 4-(2-CHLOROPHENYL)-2-ETHYL-9-METHYL-6H-THIENO{3,2-F}{1,2,4}TRIAZOL
O{4,3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: ETIZOLAM.
(8) 8-CHLORO-6-(2-FLUOROPHENYL)-1-METHYL-4H-BENZO{F}{1,2,4}TRIAZOLO{4,
3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: FLUALPRAZOLAM.
(9) 6-(2-CHLOROPHENYL)-1-METHYL-8-NITRO-4H-BENZO{F}{1,2,4}TRIAZOLO{4,3
-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: CLONAZOLAM.
(10) 8-BROMO-6-(2-FLUOROPHENYL)-1-METHYL-4H-BENZO{F}{1,2,4}TRIAZOLO{4,
3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: FLUBROMAZOLAM.
(11) 7-CHLORO-5-(2-CHLOROPHENYL)-1-METHYL-1,3-DIHYDRO-2H-BENZO{E}{1,4}
DIAZEPIN-2-ONE. SOME TRADE OR OTHER NAMES: DICLAZEPAM.
§ 5. Paragraphs 13 and 14 of subdivision (f) of schedule I of section
3306 of the public health law, as added by chapter 341 of the laws of
2013, are amended and five new paragraphs 25, 26, 27, 28, and 29 are
added to read as follows:
(13) 3-Fluoromethcathinone. SOME TRADE OR OTHER NAMES: 3-FLUORO-N
-METHYLCATHINONE; 3-FMC.
(14) 4-Fluoromethcathinone. SOME TRADE OR OTHER NAMES: 4-FLUORO-N-
METHYLCATHINONE; 4-FMC; FLEPHEDRONE.
(25) 7-{(10,11-DIHYDRO-5H-DIBENZO{A,D}CYCLOHEPTEN-5-YL)AMINO}HEPTANOIC
ACID. OTHER NAME: AMINEPTINE.
(26) N-PHENYL-N'-(3-(1-PHENYLPROPAN-2-YL)-1,2,3-OXADIAZOL-3-IUM-5-YL)
CARBAMIMIDATE. OTHER NAME: MESOCARB.
(27) N-METHYL-1-(THIOPHEN-2-YL)PROPAN-2-AMINE. OTHER NAME: METHIOPRO-
PAMINE.
(28) 4,4'-DIMETHYLAMINOREX. SOME TRADE OR OTHER NAMES: 4,4'-DMAR; 4,5-
DIHYDRO-4-METHYL-5-(4-METHYLPHENYL)-2-OXAZOLAMINE; 4-METHYL-5-(4-METHYL
PHENYL)-4,5-DIHYDRO-1,3-OXAZOL-2-AMINE.
(29) ETHYL 2-PHENYL-2-(PIPERIDIN-2-YL)ACETATE. OTHER NAME: ETHYLPHENI-
DATE.
§ 6. Paragraphs 2, 6 and 10 of subdivision (g) of schedule I of
section 3306 of the public health law, as added by section 7 of part BB
of chapter 57 of the laws of 2018, are amended to read as follows:
(2) [{1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopro
pyl) methanone.] {1-(5-FLUORO-PENTYL)-1H-INDOL-3-YL}(2,2,3,3-TETRAMETHYL
CYCLOPROPYL)METHANONE. Some trade names or other names: 5-fluoro-UR-
144[,]; XLR11.
(6) [N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo
[-]le-3-carboxamide.] N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROB
ENZYL)-1H-INDAZOLE-3-CARBOXAMIDE. Some trade or other names: AB- FUBINA-
CA.
(10) [{1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.]
{1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL}(NAPHTHALEN-1-YL)METHANONE. Some
trade or other names: THJ-2201.
§ 7. Subdivision (g) of schedule I of section 3306 of the public
health law is amended by adding nineteen new paragraphs 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 to read as
follows:
(11) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: MAB-CHMINACA; ADB-
CHMINACA.
(12) METHYL 2-(1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3-METHYL
BUTANOATE. SOME TRADE OR OTHER NAMES: FUB-AMB; MMB-FUBINACA; AMB-
FUBINACA.
S. 3007 56 A. 3007
(13) METHYL 2-(1-(CYCLOHEXYLMETHYL)-1H-INDOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-CHMICA; MMB-CHMINACA.
(14) METHYL 2-(1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-FUBINACA.
(15) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-IN
DAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: ADB-FUBINACA.
(16) N-(ADAMANTAN-1-YL)-1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: 5F-APINACA; 5F-AKB48.
(17) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3-METH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-AMB.
(18) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-ADB; 5F-MDMB-PINACA.
(19) NAPHTHALEN-1-YL 1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE. SOME
TRADE OR OTHER NAMES: NM2201; CBL2201.
(20) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(5-FLUOROPENTYL)-1H-INDA
ZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: 5F-AB-PINACA.
(21) 1-(4-CYANOBUTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-INDAZOLE-3-CARBOXA
MIDE. SOME TRADE OR OTHER NAMES: 4-CN-CUMYL-BUTINACA; 4-CYANO-CUMYL-
BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78.
(22) METHYL2-(1-(CYCLOHEXYLMETHYL)-1H-INDOLE-3-CARBOXAMIDO)-3-METHYL
BUTANOATE. SOME TRADE OR OTHER NAMES: MMB-CHMICA; AMB-CHMICA.
(23) 1-(5-FLUOROPENTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-PYRROLO{2,3-B}PYRID
INE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: 5F-CUMYL-P7AICA.
(24) METHYL 2-(1-(4-FLUOROBUTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 4F-MDMB-BINACA; 4F-MDMB-
BUTINACA.
(25) ETHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-EDMB-PINACA.
(26) METHYL2-(1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-MDMB-PICA; 5F-MDMB-2201.
(27) N-(ADAMANTAN-1-YL)-1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: FUB-AKB48; FUB-APINACA; AKB48
N-(4-FLUOROBENZYL).
(28) 1-(5-FLUOROPENTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-INDAZOLE-3-CARBOX
AMIDE. SOME TRADE OR OTHER NAMES: 5F-CUMYL-PINACA; SGT-25.
(29) (1-(4-FLUOROBENZYL)-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPRO
PYL)METHANONE. SOME TRADE OR OTHER NAMES: FUB-144.
§ 8. Paragraph 1 of subdivision (b) of schedule II of section 3306 of
the public health law, as amended by section 1 of part C of chapter 447
of the laws of 2012, is amended to read as follows:
(1) Opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine,
NALDEMEDINE, nalmefene, NALOXEGOL, naloxone, [and] 6&-NALTREXOL,
naltrexone, AND SAMIDORPHAN, and their respective salts, but including
the following:
1. Raw opium.
2. Opium extracts.
3. Opium fluid.
4. Powdered opium.
5. Granulated opium.
6. Tincture of opium.
7. Codeine.
8. Ethylmorphine.
9. Etorphine hydrochloride.
10. Hydrocodone (also known as dihydrocodeinone).
11. Hydromorphone.
S. 3007 57 A. 3007
12. Metopon.
13. Morphine.
14. Oxycodone.
15. Oxymorphone.
16. Thebaine.
17. Dihydroetorphine.
18. Oripavine.
19. NOROXYMORPHONE.
§ 9. Paragraph 4 of subdivision (b) of schedule II of section 3306 of
the public health law, as amended by chapter 244 of the laws of 2016, is
amended to read as follows:
(4) Coca leaves and any salt, compound, derivative, or preparation of
coca leaves, and any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these substances
including cocaine and ecgonine, their salts, isomers, and salts of isom-
ers, except that the substances shall not include: (A) decocainized coca
leaves or extraction of coca leaves, which extractions do not contain
cocaine or ecgonine; [or] (B) {123I} ioflupane; OR (C) {18F}FP-CIT.
§ 10. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 30 to read as follows:
(30) OLICERIDINE. (N-{(3-METHOXYTHIOPHEN-2-YL)METHYL}({2-{(9R)-9-
(PYRIDIN-2-YL)-6-OXASPIRO{4.5}DECAN-9-YL}ETHYL})AMINE).
§ 11. Subdivision (f) of schedule II of section 3306 of the public
health law, as amended by chapter 589 of the laws of 1996, the undesig-
nated paragraph as amended by chapter 575 of the laws of 2001, is
amended to read as follows:
(f) Hallucinogenic substances.
[Nabilone: Another name for nabilone: (+,-)-trans
-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo{b,d}pyran-9-one.] (1) NABILONE. ANOTHER NAME FOR
NABILONE:(+,-)-TRANS-3-(1,1-DIMETHYLHEPTYL)-6,6A,7,8,10,10A-HEXAHYDRO-1-
HYDROXY-6,6-DIMETHYL-9H-DIBENZO{B,D}PYRAN-9-ONE.
(2) DRONABINOL {(-)-DELTA-9-TRANSTETRAHYDROCANNABINOL} IN AN ORAL
SOLUTION IN A DRUG PRODUCT APPROVED FOR MARKETING BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION.
§ 12. Subparagraph (i) of paragraph 3 of subdivision (g) of schedule
II of section 3306 of the public health law, as amended by section 2 of
part BB of chapter 57 of the laws of 2023, is amended to read as
follows:
(i) [4-anilino-N-phenenethylpiperidine] 4-ANILINO-N-PHENETHYLPIPERI
DINE (ANPP)[.];
§ 13. Subdivision (h) of schedule II of section 3306 of the public
health law, as amended by section 8 of part C of chapter 447 of the laws
of 2012, is amended to read as follows:
(h) (1) Anabolic steroids. Unless specifically excepted or unless
listed in another schedule, "anabolic steroid" shall mean any drug or
hormonal substance, chemically and pharmacologically related to testos-
terone (other than estrogens, progestins, corticosteroids and dehydroe-
piandrosterone) and includes:
[(1) 3{beta}, 17-dihydroxy-5a-androstane] (I) 3{BETA},17{BETA}-
DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane] (II) 3{ALPHA},17
{BETA}-DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(3)] (III) 5{alpha}-androstan-3,17-dione.
[(4)] (IV) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-
androst-1-ene).
S. 3007 58 A. 3007
[(5)] (V) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-
androst-1-ene).
[(6)] (VI) 4-androstenediol [(3{beta}, 17{beta}-dihydroxy-androst
-4-ene)] (3{BETA},17{BETA}-DIHYDROXY-ANDROST-4-ENE).
[(7)] (VII) 5-androstenediol [(3{beta},17{beta}-dihydroxy-androst-5-
ene)] (3{BETA},17{BETA}-DIHYDROXY-ANDROST-5-ENE).
[(8)] (VIII) 1-androstenedione [({5{alpha}}-androst-1-en-3,17-dione)]
(5{ALPHA}-ANDROST-1-EN-3,17-DIONE).
[(9)] (IX) 4-androstenedione (androst-4-en-3,17-dione).
[(10)] (X) 5-androstenedione (androst-5-en-3,17-dione).
[(11)] (XI) Bolasterone [(7{alpha},17{alpha}-dimethyl-17{beta}-
hydroxyandrost-4-en-3-one)] (7{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDRO
XYANDROST-4-EN-3-ONE).
[(12)] (XII) Boldenone [(17{beta}-hydroxyandrost-1, 4,-diene-3-one)]
(17{BETA}-HYDROXYANDROST-1,4-DIENE-3-ONE).
[(13)] (XIII) Boldione (androsta-1,4-diene-3,17-dione).
[(14)] (XIV) Calusterone [(7{beta},17{alpha}-dimethyl-17{beta}-
hydroxyandrost-4-en-3-one)] (7{BETA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY
ANDROST-4-EN-3-ONE).
[(15)] (XV) Clostebol [(4-chloro-17{beta}-hydroxyandrost-4-en-3-one)]
(4-CHLORO-17{BETA}-HYDROXYANDROST-4-EN-3-ONE).
[(16)] (XVI) Dehydrochloromethyltestosterone (4-chloro-17{beta}-
hydroxy-17{alpha}-methyl-androst-1, 4-dien-3-one).
[(17) {Delta} 1-dihydrotestosterone] (XVII) {DELTA}1-DIHYDROTESTOS
TERONE (a.k.a. '1-testosterone') (17{beta}-hydroxy-5{alpha}-androst-1-
en-3-one).
[(18)] (XVIII) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-
3-one).
[(19)] (XIX) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl
-5{alpha}-androstan-3-one).
[(20)] (XX) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-ene).
[(21)] (XXI) Fluoxymesterone [(9-fluoro-17{alpha}-methyl-11{beta}, 17
{beta}-dihydroxyandrost-4-en-3-one)] (9-FLUORO-17{ALPHA}-METHYL-
11{BETA},17{BETA}-DIHYDROXYANDROST-4-EN-3-ONE).
[(22)] (XXII) Formebolone [(2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one)] (2-FORMYL-17{ALPHA}-METHYL
-11{ALPHA},17{BETA}-DIHYDROXYANDROST-1,4-DIEN-3-ONE).
[(23)] (XXIII) Furazabol [(17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan)] (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROSTANO{2,3-C}-
FURAZAN).
[(24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one] (XXIV) 13{BETA}-
ETHYL-17{BETA}-HYDROXYGON-4-EN-3-ONE.
[(25)] (XXV) 4-hydroxytestosterone [(4, 17{beta}-dihydroxy-androst-4-
en-3-one)] (4,17{BETA}-DIHYDROXY-ANDROST-4-EN-3-ONE).
[(26)] (XXVI) 4-hydroxy-19-nortestosterone [(4,17{beta}-dihydroxy
-estr-4-en-3-one)] (4,17{BETA}-DIHYDROXYESTR-4-EN-3-ONE).
[(27) desoxymethyltestosterone] (XXVII) DESOXYMETHYLTESTOSTERONE
(17{alpha}-methyl-5 {alpha}-androst-2-en-17{beta}-ol) (a.k.a., [madol)]
'MADOL').
[(28)] (XXVIII) Mestanolone [(17{alpha}-methyl-17{beta}-hydroxy-5-
androstan-3-one)]
(17{ALPHA}-METHYL-17{BETA}-HYDROXY-5-{ALPHA}-ANDROSTAN- 3-ONE).
[(29)] (XXIX) Mesterolone [(1{alpha}methyl-17{beta}-hydroxy-
{5{alpha}}-androstan-3-one)] (1{ALPHA}-METHYL-17{BETA}-HYDROXY-5{ALPHA}
-ANDROSTAN-3-ONE).
S. 3007 59 A. 3007
[(30)] (XXX) Methandienone [(17{alpha}-methyl-17{beta}-hydroxyandrost-
1, 4-dien-3-one)] (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROST-1, 4-DIEN-3-
ONE).
[(31)] (XXXI) Methandriol [(17{alpha}-methyl-3{beta}, 17{beta}-dihydro
xyandrost-5-ene)] (17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXYANDROST-
5-ENE).
[(32)] (XXXII) Methenolone [(1-methyl-17{beta}-hydroxy-5{alpha}
-androst-1-en-3-one)] (1-METHYL-17{BETA}-HYDROXY-5{ALPHA}-ANDROST-1-
EN-3-ONE).
[(33) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxy-5-androstane]
(XXXIII)
17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy-5a-androstane]
(XXXIV) 17{ALPHA}-METHYL-3{ALPHA},17{BETA}-DIHYDROXY5{ALPHA}-ANDROSTANE.
[(35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.]
(XXXV) 17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXYANDROST-4-ENE.
[(36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-hydroxy
-17{beta}-hydroxyestr-4-en-3-one).] (XXXVI) 17{ALPHA}-METHYL-4-HYDROXY
NANDROLONE(17{ALPHA}-METHYL-4-HYDROXY-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(37)] (XXXVII) Methyldienolone [(17{alpha}-methyl-17{beta}-hydroxy
estra-4,9(10)-dien-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,9
(10)-DIEN-3-ONE).
[(38)] (XXXVIII) Methyltrienolone [(17{alpha}-methyl-17{beta}-hydroxy
estra-4, 9-11-trien-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,
9,11-TRIEN-3-ONE).
[(39)] (XXXIX) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxy
androst-4-en-3-one).
[(40)] (XL) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxy
estr-4-en-3-one).
[(41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone(17b{beta}-hydroxy
-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)] (XLI) 17{ALPHA}-METHYL-
{DELTA}1-DIHYDROTESTOSTERONE(17{BETA}-HYDROXY-17{ALPHA}-METHYL-5{ALPHA}-
ANDROST-1-EN-3-ONE) (a.k.a. '17-{alpha}-methyl-1-testosterone').
[(42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).] (XLII) NANDROLONE
(17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(43)] (XLIII) 19-nor-4-androstenediol [(3{beta},17{beta}-dihydroxy
estr -4-ene).] (3{BETA},17{BETA}-DIHYDROXYESTR-4-ENE).
[(44)] (XLIV) 19-nor-4-androstenediol [(3{alpha},17{beta}-dihydroxy
estr-4-ene).] (3{ALPHA},17{BETA}-DIHYDROXYESTR-4-ENE).
[(45)] (XLV) 19-nor-5-androstenediol [(3{beta},17{beta}-dihydroxyestr
-5-ene).] (3{BETA},17{BETA}-DIHYDROXYESTR-5-ENE).
[(46)] (XLVI) 19-nor-5-androstenediol [(3{alpha},17{beta}-dihydrox-
yestr-5-ene).] (3{ALPHA},17{BETA}-DIHYDROXYESTR-5-ENE).
[(47) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-
dione).] (XLVII) 19-NOR-4,9 (10)-ANDROSTADIENEDIONE (ESTRA-4,9(10)-
DIENE-3,17-DIONE).
[(48)] (XLVIII) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
[(49)] (XLIX) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
[(50)] (L) Norbolethone [(13{beta}, 17{alpha}-diethyl-17{beta}-
hydroxygon-4-en-3-one).] (13{BETA},17{ALPHA}-DIETHYL-17{BETA}-HYDROXYGON
-4-EN-3-ONE).
[(51)] (LI) Norclostebol [(4-chloro-17{beta}-hydroxyestr-4-en-3-
one).] (4-CHLORO-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(52)] (LII) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
S. 3007 60 A. 3007
[(53)] (LIII) Normethandrolone [(17{alpha}-methyl-17{beta}-hydroxestr-
4-en-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(54)] (LIV) Oxandrolone [(17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXY-2-OXA-
5{ALPHA}-ANDROSTAN-3-ONE).
[(55)] (LV) Oxymesterone [(17{alpha}-methyl-4, 17{beta}-dihydroxy
androst-4-en-3-one).] (17{ALPHA}-METHYL-4,17{BETA}-DIHYDROXYANDROST-4-
EN-3-ONE).
[(56)] (LVI) Oxymetholone [(17 {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).] (17{ALPHA}-METHYL-2-HYDRO
XYMETHYLENE-17{BETA}-HYDROXY-5{ALPHA}-ANDROSTAN-3-ONE).
[(57)] (LVII) Stanozolol [(17{alpha}-methyl-17{beta}-hydroxy-
{5{alpha}}-androst-2-eno{3,2-c}-pyrazole).] (17{ALPHA}-METHYL-17{BETA}-
HYDROXY-5{ALPHA}-ANDROST-2-ENO{3,2-C}-PYRAZOLE).
[(58)] (LVIII) Stenbolone [(17{beta}-hydroxy-2-methyl-{5{alpha}}-
androst-1-en-3-one).] (17{BETA}-HYDROXY-2-METHYL-5{ALPHA}-ANDROST-1-EN-
3-ONE).
[(59)] (LIX) Testolactone [(13-hydroxy-3-oxo-13, 17-secoandrosta-1,
4-dien-17-oic acid lactone).] (13-HYDROXY-3-OXO-13,17-SECOANDROSTA1,4-
DIEN-17-OIC ACID LACTONE).
[(60)] (LX) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
[(61)] (LXI) Tetrahydrogestrinone [(13{beta}, 17{alpha}-diethyl-
17{beta}-hydroxygon-4, 9, 11-trien-3-one).] (13{BETA},17{ALPHA}-DIETHYL-
17{BETA}-HYDROXYGON-4,9,11-TRIEN-3-ONE).
[(62)] (LXII) Trenbolone [(17{beta}-hydroxyestr-4, 9, 11-trien-
3-one).] (17{BETA}-HYDROXYESTR-4,9,11-TRIEN-3-ONE).
[(63)] (LXIII) 5{ALPHA}-ANDROSTAN-3,6,17-TRIONE.
(LXIV) 6-BROMO-ANDROSTA-1,4-DIENE-3,17-DIONE.
(LXV) 6-BROMO-ANDROSTAN-3,17-DIONE.
(LXVI) 4-CHLORO-17{ALPHA}-METHYL-ANDROSTA-1,4-DIENE-3,17{BETA}-DIOL.
(LXVII) 4-CHLORO-17{ALPHA}-METHYL-ANDROST-4-ENE-3{BETA},17{BETA}-DIOL.
(LXVIII) 4-CHLORO-17{ALPHA}-METHYL-17{BETA}HYDROXY-ANDROST-4-EN-3-ONE.
(LXIX) 4-CHLORO-17{ALPHA}-METHYL-17{BETA}HYDROXY-ANDROST-4-ENE-3,11-
DIONE.
(LXX) 2{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY-5{BETA}-ANDROSTAN-
3-ONE.
(LXXI) 2{ALPHA},3{ALPHA}-EPITHIO-17{ALPHA}-METHYL-5{ALPHA}ANDROSTAN-17
{BETA}-OL.
(LXXII) ESTRA-4,9,11-TRIENE-3,17-DIONE.
(LXXIII) {3,2-C}FURAZAN-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXIV) 18A-HOMO-3-HYDROXY-ESTRA-2,5(10)-DIEN-17-ONE.
(LXXV) 4-HYDROXY-ANDROST-4-ENE-3,17-DIONE.
(LXXVI) 17{BETA}-HYDROXY-ANDROSTANO{2,3-D}ISOXAZOLE.
(LXXVII) 17{BETA}-HYDROXY-ANDROSTANO{3,2-C}ISOXAZOLE.
(LXXVIII) 3{BETA}-HYDROXY-ESTRA-4,9,11-TRIEN-17-ONE.
(LXXIX) METHASTERONE (2{ALPHA},17{ALPHA}-DIMETHYL-5{ALPHA}-ANDROSTAN-
17{BETA}-OL-3-ONE OR 2{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY-
5{ALPHA}-ANDROSTAN-3-ONE).
(LXXX) 17{ALPHA}-METHYL-ANDROSTA-1,4-DIENE-3,17{BETA}-DIOL.
(LXXXI) 17{ALPHA}-METHYL-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXXII) 17{ALPHA}-METHYL-ANDROSTAN-3-HYDROXYIMINE-17{BETA}-OL.
(LXXXIII) 6{ALPHA}-METHYL-ANDROST-4-ENE-3,17-DIONE.
(LXXXIV) 17{ALPHA}-METHYL-ANDROST-2-ENE-3,17{BETA}DIOL.
(LXXXV) PROSTANOZOL (17{BETA}-HYDROXY-5{ALPHA}-ANDROSTANO{3,2-C}
PYRAZOLE) OR {3,2-C}PYRAZOLE-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXXVI) {3,2-C}PYRAZOLE-ANDROST-4-EN-17{BETA}-OL.
S. 3007 61 A. 3007
(LXXXVII) Any salt, ester or ether of a drug or substance described or
listed in this subdivision.
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, A DRUG OR
HORMONAL SUBSTANCE, OTHER THAN ESTROGENS, PROGESTINS, CORTICOSTEROIDS,
AND DEHYDROEPIANDROSTERONE, THAT IS NOT LISTED IN PARAGRAPH ONE OF THIS
SUBDIVISION AND IS DERIVED FROM, OR HAS A CHEMICAL STRUCTURE SUBSTAN-
TIALLY SIMILAR TO, ONE OR MORE ANABOLIC STEROIDS LISTED IN PARAGRAPH ONE
OF THIS SUBDIVISION SHALL BE CONSIDERED TO BE AN ANABOLIC STEROID FOR
PURPOSES OF THIS SCHEDULE IF:
(A) THE DRUG OR SUBSTANCE HAS BEEN CREATED OR MANUFACTURED WITH THE
INTENT OF PRODUCING A DRUG OR OTHER SUBSTANCE THAT EITHER:
1. PROMOTES MUSCLE GROWTH; OR
2. OTHERWISE CAUSES A PHARMACOLOGICAL EFFECT SIMILAR TO THAT OF
TESTOSTERONE; OR
(B) THE DRUG OR SUBSTANCE HAS BEEN, OR IS INTENDED TO BE, MARKETED OR
OTHERWISE PROMOTED IN ANY MANNER SUGGESTING THAT CONSUMING IT WILL
PROMOTE MUSCLE GROWTH OR ANY OTHER PHARMACOLOGICAL EFFECT SIMILAR TO
THAT OF TESTOSTERONE.
(II) A SUBSTANCE SHALL NOT BE CONSIDERED TO BE A DRUG OR HORMONAL
SUBSTANCE FOR PURPOSES OF THIS SUBDIVISION IF:
(A) IT IS:
1. AN HERB OR OTHER BOTANICAL;
2. A CONCENTRATE, METABOLITE, OR EXTRACT OF, OR A CONSTITUENT ISOLATED
DIRECTLY FROM, AN HERB OR OTHER BOTANICAL; OR
3. A COMBINATION OF TWO OR MORE SUBSTANCES DESCRIBED IN CLAUSE ONE OR
TWO OF THIS ITEM;
(B) IT IS A DIETARY INGREDIENT FOR PURPOSES OF THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT (21 U.S.C. 301 ET SEQ.); AND
(C) IT IS NOT ANABOLIC OR ANDROGENIC.
(III) IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED NINETY-SIX OF THIS ARTICLE, ANY PERSON CLAIMING THE BENEFIT OF
AN EXEMPTION OR EXCEPTION UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH
SHALL BEAR THE BURDEN OF GOING FORWARD WITH THE EVIDENCE WITH RESPECT TO
SUCH EXEMPTION OR EXCEPTION.
§ 14. Subdivision (c) of schedule III of section 3306 of the public
health law is amended by adding a new paragraph 15 to read as follows:
(15) PERAMPANEL, ITS SALTS, ISOMERS AND SALTS OF ISOMERS.
§ 15. Subdivision (c) of schedule IV of section 3306 of the public
health law is amended by adding seven new paragraphs 54, 55, 56, 57, 58,
59 and 60 to read as follows:
(54) ALFAXALONE.
(55) BREXANOLONE.
(56) DARIDOREXANT.
(57) LEMBOREXANT.
(58) REMIMAZOLAM.
(59) SUVOREXANT.
(60) ZURANOLONE.
§ 16. Paragraph 10 of subdivision (e) of schedule IV of section 3306
of the public health law, as amended by chapter 589 of the laws of 1996,
is amended and two new paragraphs 13 and 14 are added to read as
follows:
(10) SPA((-)[)]-1-dimethylamino-1, 2-diphenylethane).
(13) SERDEXMETHYLPHENIDATE.
(14) SOLRIAMFETOL (2-AMINO-3-PHENYLPROPYL CARBAMATE; BENZENEPROPANOL,
BETA-AMINO-, CARBAMATE(ESTER)).
S. 3007 62 A. 3007
§ 17. Subdivision (f) of schedule IV of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, paragraph 2 as
added by chapter 457 of the laws of 2006 and paragraph 3 as added by
section 14 of part C of chapter 447 of the laws of 2012, is amended to
read as follows:
(f) Other substances. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances, including its salts,
ISOMERS, AND SALTS OF SUCH ISOMERS, WHENEVER THE EXISTENCE OF SUCH
SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE:
(1) Pentazocine.
(2) Butorphanol (including its optical isomers).
(3) Tramadol in any quantities.
(4) ELUXADOLINE (5-{{{(2S))-2-AMINO-3-{4-(AMINOCARBONYL)-2,6-DIMETHYL
PHENYL}-1-OXOPROPYL}{(1S)-1-(4-PHENYL-1H-IMIDAZOL-2-YL)ETHYL}AMINO}METH
YL}-2-METHOXYBENZOIC ACID) (INCLUDING ITS OPTICAL ISOMERS) AND ITS
SALTS, ISOMERS, AND SALTS OF ISOMERS.
(5) LORCASERIN.
§ 18. Subdivision (d) of schedule V of section 3306 of the public
health law, as amended by section 16 of part C of chapter 447 of the
laws of 2012, is amended to read as follows:
(d) Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or prepara-
tion which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) Ezogabine [{N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic
acid ethyl ester}] (N-{2-AMINO-4-(4-FLUOROBENZYLAMINO)-PHENYL}-CARBAMIC
ACID ETHYL ESTER).
(2) Lacosamide [{(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}]
((R)-2-ACETOAMIDO-N-BENZYL-3-METHOXY-PROPIONAMIDE).
(3) Pregabalin [{(S)-3-(aminomethyl)-5-methylhexanoic acid}]
((S)-3-(AMINOMETHYL)-5-METHYLHEXONOIC ACID).
(4) BRIVARACETAM ((2S)-2-{(4R)-2-OXO-4-PROPYLPYRROLIDIN-1-YL}BUTANA
MIDE). SOME TRADE OR OTHER NAMES: BRV; UCB-34714; BRIVIACT.
(5) CENOBAMATE ({(1R)-1-(2-CHLOROPHENYL)-2-(TETRAZOL-2-YL)ETHYL}
CARBAMATE; 2H-TETRAZOLE-2-ETHANOL, ALPHA-(2-CHLOROPHENYL)-, CARBAMATE
(ESTER), (ALPHAR)-; CARBAMIC ACID(R)-(+)-1-(2-CHLOROPHENYL)-2-(2H-TETRA
ZOL-2-YL)ETHYL ESTER).
(6) GANAXOLONE (3{ALPHA}-HYDROXY-3{BETA}-METHYL-5{ALPHA}-PREGNAN-20-
ONE).
(7) LASMIDITAN (2,4,6-TRIFLUORO-N-(6-(1-METHYLPIPERIDINE-4-CARBONYL)
PYRIDINE-2-YL-BENZAMIDE).
§ 19. Subdivision 2 of section 3342 of the public health law, as
amended by chapter 466 of the laws of 2024, is amended to read as
follows:
2. An institutional dispenser may dispense controlled substances for
use off its premises only pursuant to a prescription, prepared and filed
in conformity with this title, provided, however, that, in an emergency
situation as defined by rule or regulation of the department, a practi-
tioner in a hospital without a full-time pharmacy may dispense
controlled substances to a patient in a hospital emergency room for use
off the premises of the institutional dispenser for a period not to
exceed twenty-four hours, [unless the federal drug enforcement adminis-
tration has authorized a longer time period for the purpose of initiat-
ing maintenance treatment, detoxification treatment, or both] AND
S. 3007 63 A. 3007
PROVIDED FURTHER THAT A PRACTITIONER IN ANY INSTITUTIONAL DISPENSER MAY
DISPENSE CONTROLLED SUBSTANCES AS EMERGENCY TREATMENT TO A PATIENT FOR
USE OFF THE PREMISES OF THE INSTITUTIONAL DISPENSER AS AUTHORIZED BY THE
FEDERAL DRUG ENFORCEMENT ADMINISTRATION FOR THE PURPOSE OF INITIATING
MAINTENANCE TREATMENT, DETOXIFICATION TREATMENT, OR BOTH.
§ 20. Subdivision 1 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
1. ["Addict"] "PERSON WITH A SUBSTANCE USE DISORDER" means a person
who habitually uses a controlled substance for a non-legitimate or
unlawful use, and who by reason of such use is dependent thereon.
§ 21. Subdivision 1 of section 3331 of the public health law, as added
by chapter 878 of the laws of 1972, is amended to read as follows:
1. Except as provided in titles III or V of this article, no substance
in schedules II, III, IV, or V may be prescribed for or dispensed or
administered to [an addict] A PERSON WITH A SUBSTANCE USE DISORDER or
habitual user.
§ 22. The title heading of title 5 of article 33 of the public health
law, as added by chapter 878 of the laws of 1972, is amended to read as
follows:
DISPENSING TO [ADDICTS]
PERSONS WITH A SUBSTANCE USE DISORDER
AND HABITUAL USERS
§ 23. Section 3350 of the public health law, as added by chapter 878
of the laws of 1972, is amended to read as follows:
§ 3350. Dispensing prohibition. Controlled substances may not be
prescribed for, or administered or dispensed to [addicts] PERSONS WITH A
SUBSTANCE USE DISORDER or habitual users of controlled substances,
except as provided by this title or title III OF THIS ARTICLE.
§ 24. Section 3351 of the public health law, as added by chapter 878
of the laws of 1972 and subdivision 5 as amended by chapter 558 of the
laws of 1999, is amended to read as follows:
§ 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to [an addict] A PERSON
WITH A SUBSTANCE USE DISORDER or habitual user:
(a) during emergency medical treatment unrelated to [abuse] SUCH
SUBSTANCE USE DISORDER OR HABITUAL USE of controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
1-A. A PRACTITIONER MAY PRESCRIBE, ADMINISTER AND DISPENSE ANY SCHED-
ULE III, IV, OR V NARCOTIC DRUG APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION SPECIFICALLY FOR USE IN MAINTENANCE OR DETOXIFICATION
TREATMENT TO A PERSON WITH A SUBSTANCE USE DISORDER OR HABITUAL USER.
2. Controlled substances may be ordered for use by [an addict] A
PERSON WITH A SUBSTANCE USE DISORDER or habitual user by a practitioner
and administered by a practitioner [or], registered nurse, EMERGENCY
MEDICAL TECHNICIAN-PARAMEDIC, ACTING WITHIN THEIR SCOPE OF PRACTICE, to
relieve acute withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use [of an
addict] BY A PERSON WITH A SUBSTANCE USE DISORDER by a practitioner and
dispensed or administered by a practitioner or [his] THEIR designated
S. 3007 64 A. 3007
agent as interim treatment for [an addict on a waiting list for admis-
sion to an authorized maintenance program] A PERSON WITH A SUBSTANCE USE
DISORDER WHILE ARRANGEMENTS ARE BEING MADE FOR REFERRAL TO TREATMENT FOR
SUCH SUBSTANCE USE DISORDER.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to [an
addict] A PERSON WITH A SUBSTANCE USE DISORDER by a practitioner or by
[his] THEIR designated agent acting under the direction and supervision
of a practitioner, as part of a [regime] REGIMEN designed and intended
AS MAINTENANCE OR DETOXIFICATION TREATMENT OR to withdraw a patient from
addiction to controlled substances.
5. [Methadone] NOTWITHSTANDING ANY OTHER LAW AND CONSISTENT WITH
FEDERAL REQUIREMENTS, METHADONE, or such other controlled substance
designated by the commissioner as appropriate for such use, may be
administered OR DISPENSED DIRECTLY to [an addict] A PERSON WITH A
SUBSTANCE USE DISORDER by a practitioner or by [his] THEIR designated
agent acting under the direction and supervision of a practitioner, as
part of a substance [abuse or chemical dependence] USE DISORDER program
approved pursuant to article [twenty-three or] thirty-two of the mental
hygiene law.
§ 25. Section 3372 of the public health law, as amended by chapter 195
of the laws of 1973, is amended to read as follows:
§ 3372. Practitioner patient reporting. It shall be the duty of every
attending practitioner and every consulting practitioner to report
promptly to the commissioner, or [his] THE COMMISSIONER'S duly desig-
nated agent, the name and, if possible, the address of, and such other
data as may be required by the commissioner with respect to, any person
under treatment if [he] THE COMMISSIONER finds that such person is [an
addict or a habitual user of any narcotic drug] A PERSON WITH A
SUBSTANCE USE DISORDER. Such report shall be kept confidential and may
be utilized only for statistical, epidemiological or research purposes,
except that those reports which originate in the course of a criminal
proceeding other than under section 81.25 of the mental hygiene law
shall be subject only to the confidentiality requirements of section
thirty-three hundred seventy-one of this article.
§ 26. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 3342 of the public health law
made by section nineteen of this act, shall take effect on the same date
and in the same manner as chapter 466 of the laws of 2024, takes effect.
PART P
Section 1. Section 2805-b of the public health law is amended by
adding a new subdivision 6 to read as follows:
6. WHEN EMERGENCY SERVICES ARE PROVIDED AS AN ORGANIZED SERVICE OF A
GENERAL HOSPITAL LICENSED PURSUANT TO THIS ARTICLE, THE HOSPITAL MUST
TERMINATE THE PREGNANCY OF ANY INDIVIDUAL PRESENTING FOR CARE AT THE
HOSPITAL IF THE INDIVIDUAL HAS AN EMERGENCY MEDICAL CONDITION, AND
TERMINATION OF THE PREGNANCY IS NEEDED TO STABILIZE THAT INDIVIDUAL,
UNLESS THE INDIVIDUAL (OR THE INDIVIDUAL'S LEGALLY AUTHORIZED REPRESEN-
TATIVE, WHEN THE LEGALLY AUTHORIZED REPRESENTATIVE IS AUTHORIZED TO ACT
ON BEHALF OF THE INDIVIDUAL) DOES NOT CONSENT TO THE TREATMENT. IF SUCH
CONSENT IS NOT PROVIDED, A GENERAL HOSPITAL MEETS THE REQUIREMENTS OF
THIS SUBDIVISION WITH RESPECT TO AN INDIVIDUAL IF THE HOSPITAL OFFERS
THE INDIVIDUAL THE TREATMENT. HOSPITALS THAT HAVE LIMITED CAPABILITY FOR
RECEIVING AND TREATING HIGH RISK MATERNITY PATIENTS IN NEED OF SPECIAL-
S. 3007 65 A. 3007
IZED EMERGENCY CARE SHALL DEVELOP AND IMPLEMENT STANDARD DESCRIPTIONS OF
SUCH PATIENTS AND HAVE TRIAGE, TREATMENT, AND TRANSFER PROTOCOLS. SUCH
PROTOCOLS SHALL PROVIDE THAT PATIENTS SHALL BE TRANSFERRED TO ANOTHER
HOSPITAL ONLY WHEN:
(A) THE PATIENT'S CONDITION IS STABLE OR BEING MANAGED;
(B) THE ATTENDING PRACTITIONER HAS AUTHORIZED THE TRANSFER; AND
(C) THE RECEIVING HOSPITAL IS INFORMED, CAN PROVIDE THE NECESSARY
RESOURCES TO CARE FOR THE PATIENT, AND HAS ACCEPTED THE PATIENT.
§ 2. Section 2599-bb of the public health law is amended by adding a
new subdivision 1-a to read as follows:
1-A. AT A HEALTH CARE PRESCRIBER'S REQUEST, THE PRESCRIPTION LABEL FOR
ABORTION MEDICATIONS, INCLUDING, BUT NOT LIMITED TO, MIFEPRISTONE AND
MISOPROSTOL SHALL INCLUDE THE PRESCRIBING HEALTH CARE FACILITY NAME OR
ADDRESS INSTEAD OF THE NAME OF THE PRACTITIONER. THE PRESCRIBER SHALL
INFORM THE PATIENT WHETHER THE PRESCRIBER HAS REQUESTED TO INCLUDE THE
HEALTH CARE FACILITY NAME OR ADDRESS ON THE PRESCRIPTION LABEL.
§ 3. Subdivision 1 of section 6810 of the education law, as amended by
section 2 of part V of chapter 57 of the laws of 2012, is amended and a
new subdivision 10-b is added to read as follows:
1. No drug for which a prescription is required by the provisions of
the Federal Food, Drug and Cosmetic Act or by the commissioner of health
shall be distributed or dispensed to any person except upon a
prescription written by a person legally authorized to issue such
prescription. Such drug shall be compounded or dispensed by a licensed
pharmacist, and no such drug shall be dispensed without affixing to the
immediate container in which the drug is sold or dispensed a label bear-
ing the name and address of the owner of the establishment in which it
was dispensed, the date compounded, the number of the prescription under
which it is recorded in the pharmacist's prescription files, the name of
the prescriber, OR THE NAME OR ADDRESS OF THE PRESCRIBING HEALTH CARE
FACILITY PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THE
PUBLIC HEALTH LAW, the name and address of the patient, and the
directions for the use of the drug by the patient as given upon the
prescription. All labels shall conform to such rules and regulations as
promulgated by the commissioner pursuant to section sixty-eight hundred
twenty-nine of this article. The prescribing and dispensing of a drug
which is a controlled substance shall be subject to additional require-
ments provided in article thirty-three of the public health law. The
words "drug" and "prescription required drug" within the meaning of this
article shall not be construed to include soft or hard contact lenses,
eyeglasses, or any other device for the aid or correction of vision.
Nothing in this subdivision shall prevent a pharmacy from furnishing a
drug to another pharmacy which does not have such drug in stock for the
purpose of filling a prescription.
10-B. AT THE REQUEST OF A PRACTITIONER PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-NINE-BB OF THE PUBLIC HEALTH LAW, A PHARMACY THAT
RECEIVES AN ELECTRONIC PRESCRIPTION SHALL LIST THE PRESCRIBING HEALTH
CARE FACILITY NAME OR ADDRESS ON THE PRESCRIPTION LABEL INSTEAD OF THE
NAME OF THE PRACTITIONER.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART Q
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (nn) to read as follows:
S. 3007 66 A. 3007
(NN) (I) MEDICAL ASSISTANCE SHALL INCLUDE THE COVERAGE OF THE FOLLOW-
ING SERVICES FOR INDIVIDUALS WITH IATROGENIC INFERTILITY DIRECTLY OR
INDIRECTLY CAUSED BY MEDICAL TREATMENT, WHICH IS AN IMPAIRMENT OF
FERTILITY RESULTING FROM SURGERY, RADIATION, CHEMOTHERAPY, SICKLE CELL
TREATMENT, OR OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE ORGANS OR
PROCESSES:
(1) STANDARD FERTILITY PRESERVATION SERVICES TO PREVENT OR TREAT
INFERTILITY, WHICH SHALL INCLUDE MEDICALLY NECESSARY COLLECTION, FREEZ-
ING, PRESERVATION AND STORAGE OF OOCYTES OR SPERM, AND SUCH OTHER STAND-
ARD SERVICES THAT ARE NOT EXPERIMENTAL OR INVESTIGATIONAL; TOGETHER WITH
PRESCRIPTION DRUGS, WHICH SHALL BE LIMITED TO FEDERAL FOOD AND DRUG
ADMINISTRATION APPROVED MEDICATIONS AND SUBJECT TO MEDICAL ASSISTANCE
PROGRAM COVERAGE REQUIREMENTS. IN VITRO FERTILIZATION (IVF) SHALL NOT BE
COVERED AS A FERTILITY PRESERVATION SERVICE; AND
(2) COVERAGE OF THE COSTS OF STORAGE OF OOCYTES OR SPERM SHALL BE
SUBJECT TO CONTINUED MEDICAL ASSISTANCE PROGRAM ELIGIBILITY OF THE INDI-
VIDUAL WITH IATROGENIC INFERTILITY, AND SHALL TERMINATE UPON ANY DISCON-
TINUANCE OF MEDICAL ASSISTANCE ELIGIBILITY.
(II) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION FOR SUCH
FERTILITY PRESERVATION SERVICES IS NOT AVAILABLE, MEDICAL ASSISTANCE
SHALL NOT INCLUDE COVERAGE OF THESE SERVICES.
§ 2. Section 4 of part K of chapter 82 of the laws of 2002 amending
the insurance law and the public health law relating to coverage for the
diagnosis and treatment of infertility, is REPEALED.
§ 3. The public health law is amended by adding a new section
2599-bb-2 to read as follows:
§ 2599-BB-2. IMPROVED ACCESS TO INFERTILITY HEALTH CARE SERVICES GRANT
PROGRAM. 1. THE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-V OF THIS CHAPTER, SHALL
ESTABLISH A PROGRAM TO PROVIDE GRANTS TO HEALTH CARE PROVIDERS FOR THE
PURPOSE OF IMPROVING ACCESS TO AND EXPANDING HEALTH CARE SERVICES
RELATED TO THE RANGE OF CARE FOR INFERTILITY. SUCH PROGRAM SHALL FUND
UNCOMPENSATED HEALTH CARE SERVICES RELATED TO THE RANGE OF CARE FOR
INFERTILITY, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR INDI-
VIDUALS WHO LACK THE ABILITY TO PAY FOR CARE, LACK INSURANCE COVERAGE,
ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE RENDERING
PROVIDER. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, GRANTS PROVIDED PURSUANT TO SUCH
PROGRAM MAY BE MADE WITHOUT COMPETITIVE BID OR REQUEST FOR PROPOSAL.
2. SERVICES, TREATMENTS, AND PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM SHALL BE MADE AVAILABLE ONLY IN ACCORDANCE WITH STANDARDS,
PROTOCOLS, AND OTHER PARAMETERS ESTABLISHED BY THE COMMISSIONER, WHICH
SHALL INCORPORATE BUT NOT BE LIMITED TO THE AMERICAN SOCIETY FOR REPRO-
DUCTIVE MEDICINE (ASRM) AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS (ACOG) STANDARDS FOR THE APPROPRIATENESS OF INDIVIDUALS,
PROVIDERS, TREATMENTS, AND PROCEDURES.
3. AT LEAST ONE SUCH PROVIDER SHALL BE LOCATED IN THE CITY OF NEW YORK
AND ONE SUCH PROVIDER SHALL BE LOCATED IN AN UPSTATE REGION. ANY ORGAN-
IZATION OR PROVIDER RECEIVING FUNDS FROM THE PROGRAM SHALL TAKE ALL
NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIV-
ING SERVICES, TREATMENTS OR PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM PURSUANT TO STATE AND FEDERAL LAWS.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that section one of this act shall take effect October 1, 2025.
Effective immediately, the addition, amendment and/or repeal of any rule
S. 3007 67 A. 3007
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
date.
PART R
Section 1. Section 3001 of the public health law is amended by adding
three new subdivisions 22, 23 and 24 to read as follows:
22. "EMERGENCY MEDICAL SERVICES AGENCIES" SHALL MEAN ORGANIZED ENTI-
TIES CERTIFIED OR LICENSED BY THE DEPARTMENT TO PROVIDE EMERGENCY
MEDICAL SERVICE, INCLUDING AMBULANCE SERVICES, ADVANCED LIFE SUPPORT
FIRST RESPONSE SERVICES, AND OTHER INTEGRATED FIRST RESPONSE SERVICES
RESPONSIBLE FOR PROVIDING EMERGENCY MEDICAL SERVICES.
23. "COMMUNITIES" SHALL INCLUDE COUNTIES, CITIES, TOWNS, VILLAGES, AND
SPECIAL DISTRICTS WITHIN NEW YORK STATE.
24. "SCORING MATRIX" SHALL REFER TO THE EMERGENCY MEDICAL COMMUNITY
ASSESSMENT PROGRAM FRAMEWORK OF CRITERIA AND WEIGHTINGS ESTABLISHED BY
THE DEPARTMENT FOR EVALUATING EMERGENCY MEDICAL SERVICES SYSTEMS AND
AGENCIES.
§ 2. Section 3008 of the public health law is amended by adding a new
subdivision 4-a to read as follows:
4-A. IN DETERMINING PUBLIC NEED FOR ADDITIONAL EMERGENCY MEDICAL
SERVICES, THE REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS SHALL CONSID-
ER FACTORS RELATED TO ACCESS, COMMUNITY NEED, CONSISTENCY WITH STATE
EMERGENCY MEDICAL SYSTEM PLANS, AND THE FEASIBILITY AND IMPACT OF THE
PROPOSED SERVICE, INCLUDING ANY INNOVATIONS OR IMPROVEMENTS IN SERVICE
DELIVERY, AND OTHER FACTORS AS DETERMINED BY THE COMMISSIONER.
§ 3. The public health law is amended by adding a new section 3019 to
read as follows:
§ 3019. EMERGENCY MEDICAL COMMUNITY ASSESSMENT PROGRAM. 1. THE EMER-
GENCY MEDICAL COMMUNITY ASSESSMENT PROGRAM IS HEREBY ESTABLISHED TO
EVALUATE AND ENHANCE THE EMERGENCY MEDICAL SERVICES THROUGHOUT THE
STATE. THE PROGRAM SHALL ASSESS THE CAPABILITIES AND PERFORMANCE OF
EMERGENCY MEDICAL SERVICES AGENCIES AND THE SERVICE THEY PROVIDE TO THE
COMMUNITIES THEY SERVE, ASSIGNING SCORES TO IDENTIFY STRENGTHS, DEFI-
CIENCIES, AND AREAS FOR IMPROVEMENT.
2. THE DEPARTMENT, IN CONSULTATION WITH THE STATE COUNCIL AND OTHER
STAKEHOLDERS, SHALL ESTABLISH THE CRITERIA AND SCORING MATRIX TO EVALU-
ATE EMERGENCY MEDICAL SERVICES SYSTEMS. CRITERIA SHALL INCLUDE, BUT NOT
BE LIMITED TO, SYSTEM ORGANIZATION, ACCESS TO CARE, RESPONSE EFFECTIVE-
NESS, OPERATIONAL EFFICIENCY, AND QUALITY IMPROVEMENT. THE SCORING
MATRIX SHALL ENSURE OBJECTIVE EVALUATIONS AND CONSISTENCY STATEWIDE,
WITH ASSESSMENTS INFORMING RESOURCE ALLOCATION AND SYSTEM IMPROVEMENTS.
ASSESSMENT RESULTS SHALL BE PUBLICLY ACCESSIBLE AND INTEGRATED INTO
COUNTY EMERGENCY MEDICAL SERVICES PLANS TO IDENTIFY GAPS, PRIORITIZE
RESOURCES, AND ENHANCE SYSTEM READINESS AND SUSTAINABILITY.
3. THE DEPARTMENT SHALL PREPARE AND PUBLISH, IN A MANNER DETERMINED BY
THE DEPARTMENT, A COMPREHENSIVE STATEWIDE REPORT OF THE EMERGENCY
MEDICAL COMMUNITY ASSESSMENT PROGRAM RESULTS AT LEAST EVERY FIVE YEARS,
OR AT SUCH INTERVALS AS DEEMED NECESSARY BY THE COMMISSIONER.
4. ALL JURISDICTIONS AND EMERGENCY MEDICAL SERVICES AGENCIES, EXCEPT
CITIES WITH POPULATIONS OF ONE MILLION OR MORE, SHALL PARTICIPATE IN THE
PROGRAM AND PROVIDE TIMELY AND ACCURATE INFORMATION.
5. THE COMMISSIONER IS AUTHORIZED TO ALLOCATE FUNDING TO ASSIST COUN-
TIES AND AGENCIES IN IMPLEMENTING THE PROGRAM, CONDUCTING ASSESSMENTS,
ADDRESSING DEFICIENCIES, AND IMPROVING SYSTEM PERFORMANCE AND SHALL
S. 3007 68 A. 3007
PRIORITIZE AREAS WITH SIGNIFICANT RESOURCE GAPS AND ALIGN WITH PROGRAM
OBJECTIVES.
§ 4. The public health law is amended by adding a new section 3019-a
to read as follows:
§ 3019-A. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1.
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND WITH
FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE
COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A
COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE STATE, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO:
(A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
OTHER COMPONENTS TO IMPROVE THE DELIVERY, ACCESS AND UTILIZATION OF
EMERGENCY MEDICAL SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZA-
TION, DISABILITY, AND MORTALITY;
(B) IMPROVING THE ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
SERVICES;
(C) COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS, HOSPITALS, AND
OTHER PUBLIC AND PRIVATE AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
MODELS FOR PERSONS WHO ARE PRESENTLY USING EMERGENCY DEPARTMENTS FOR
ROUTINE, NONURGENT AND PRIMARY MEDICAL CARE TO BE SERVED APPROPRIATELY
AND ECONOMICALLY; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT BE MANDATED FOR CITIES WITH A POPULATION OF ONE MILLION
OR MORE; AND
(D) DEVELOPING, CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF
INITIAL AND ADVANCED EDUCATION AND TRAINING DESIGNED TO ENHANCE AND
RECOGNIZE THE KNOWLEDGE AND SKILLS OF EMERGENCY MEDICAL SERVICES PRACTI-
TIONERS THROUGHOUT THE STATE WITH EMPHASIS ON REGIONS UNDERSERVED BY OR
WITH LIMITED ACCESS TO EMERGENCY MEDICAL SERVICES.
2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL BE
REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
DEPARTMENT'S WEBSITE, OR AT SUCH EARLIER TIMES AS MAY BE NECESSARY TO
IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF THE STATE'S EMERGENCY
MEDICAL SERVICES SYSTEM.
3. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
GENCY MEDICAL SYSTEM PLAN, IN A MANNER AND FORMAT ESTABLISHED BY THE
DEPARTMENT, THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY MEDICAL
SYSTEM WITHIN THE COUNTY TO PROVIDE ESSENTIAL EMERGENCY MEDICAL SERVICES
FOR ALL RESIDENTS WITHIN THE COUNTY. THE COUNTY OFFICE OF EMERGENCY
MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLEMENTA-
TION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL
SYSTEM PLAN.
(A) COUNTY PLANS SHALL REQUIRE REVIEW AND APPROVAL BY THE DEPARTMENT.
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND THE REGIONAL EMERGENCY
MEDICAL SERVICES COUNCIL MAY REVIEW COUNTY PLANS AND PROVIDE RECOMMENDA-
TIONS TO THE DEPARTMENT PRIOR TO FINAL APPROVAL.
(B) ANY PERMANENT MODIFICATIONS TO THE APPROVED COUNTY EMERGENCY
MEDICAL SYSTEM PLAN, INCLUDING THE DISSOLUTION OF AN AMBULANCE SERVICE
DISTRICT OR OTHER SIGNIFICANT MODIFICATION OF EMERGENCY MEDICAL SERVICES
AGENCY COVERAGE, INCLUDING BUT NOT LIMITED TO AN AGENCY CHOOSING TO STOP
SERVICING AN AREA THAT IS NOT OTHERWISE SERVED BY AN AGENCY, SHALL
REQUIRE REVIEW AND APPROVAL BY THE DEPARTMENT PRIOR TO IMPLEMENTATION.
SUCH MODIFICATIONS SHALL BE SUBMITTED IN WRITING TO THE DEPARTMENT NO
LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PROPOSED EFFECTIVE DATE OF
THE COUNTY PLANS.
S. 3007 69 A. 3007
(C) THE COUNTY PLAN SHALL DESIGNATE A PRIMARY RESPONDING EMERGENCY
MEDICAL SERVICES AGENCY OR AGENCIES RESPONSIBLE FOR RESPONDING TO
REQUESTS FOR EMERGENCY MEDICAL SERVICES WITHIN EACH PART OF THE COUNTY.
NO EMERGENCY MEDICAL SERVICES AGENCY DESIGNATED IN THE COUNTY PLAN, MAY
REFUSE TO RESPOND TO A REQUEST FOR SERVICE WITHIN THEIR PRIMARY RESPONSE
AREA OR AS LISTED IN THE PLAN UNLESS THEY CAN PROVE, TO THE SATISFACTION
OF THE DEPARTMENT, THAT THEY ARE UNABLE TO RESPOND BECAUSE OF CAPACITY
LIMITATIONS.
(D) THE COUNTY PLAN SHALL INCORPORATE ALL AMBULANCE SERVICES THAT HOLD
A VALID AMBULANCE SERVICE CERTIFICATE AND HAVE ANY DESIGNATED GEOGRAPHIC
AREA WITHIN THE COUNTY LISTED AS PRIMARY TERRITORY ON THE OPERATING
CERTIFICATE ISSUED BY THE DEPARTMENT.
(E) NO COUNTY SHALL REMOVE OR REASSIGN AN AREA SERVED BY AN EXISTING
EMERGENCY MEDICAL SERVICES AGENCY WHERE SUCH EMERGENCY MEDICAL SERVICES
AGENCY IS COMPLIANT WITH ALL STATUTORY AND REGULATORY REQUIREMENTS, AND
HAS AGREED TO PARTICIPATE IN THE PROVISION OF THE APPROVED COUNTY PLAN.
(F) THE COUNTY PLAN SHALL INCORPORATE FINDINGS FROM THE EMERGENCY
MEDICAL COMMUNITY ASSESSMENT PROGRAM, AS DESCRIBED IN SECTION THREE
THOUSAND NINETEEN OF THIS ARTICLE, TO IDENTIFY OPPORTUNITIES FOR
IMPROVEMENT, PRIORITIZE RESOURCE ALLOCATION, AND DETERMINE ADDITIONAL
NEEDS FOR EMERGENCY MEDICAL SERVICES WITHIN THE COUNTY.
(G) THE COUNTY PLAN SHALL INCLUDE ANY FINDINGS WHICH DEMONSTRATE A
PUBLIC NEED FOR ADDITIONAL EMERGENCY MEDICAL SERVICES BASED ON THE
CONSIDERATIONS OUTLINED IN SECTION THREE THOUSAND EIGHT OF THIS ARTICLE.
SUCH FINDINGS SHALL BE SUBMITTED TO THE REGIONAL EMERGENCY MEDICAL
SERVICES COUNCIL AND THE STATE EMERGENCY MEDICAL SERVICES COUNCIL TO
PROVIDE RECOMMENDATIONS AND INFORM DECISIONS RELATED TO REGIONAL DETER-
MINATIONS OF PUBLIC NEED.
§ 5. The opening paragraph of subdivision 1 of section 122-b of the
general municipal law, as amended by chapter 471 of the laws of 2011, is
amended and a new paragraph (g) is added to read as follows:
[Any] GENERAL AMBULANCE SERVICES ARE AN ESSENTIAL SERVICE AND A MATTER
OF STATE CONCERN. EVERY county, city, town [or] AND village, acting
individually or jointly OR IN CONJUNCTION WITH A SPECIAL DISTRICT, [may
provide] SHALL ENSURE THAT an emergency medical service, a general ambu-
lance service or a combination of such services ARE PROVIDED for the
purpose of providing prehospital emergency medical treatment or trans-
porting sick or injured persons found within the boundaries of the muni-
cipality or the municipalities acting jointly to a hospital, clinic,
sanatorium or other place for treatment of such illness or injury, [and
for] PROVIDED, HOWEVER, THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR MORE. FOR PURPOSES
OF THIS SECTION, "SPECIAL DISTRICT" SHALL HAVE THE SAME MEANING AS
"IMPROVEMENT DISTRICTS" AS DEFINED IN ARTICLE TWELVE-A OF THE TOWN LAW.
IN FURTHERANCE OF that purpose, A COUNTY, CITY, TOWN OR VILLAGE may:
(G) ESTABLISH A SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
GENERAL AMBULANCE SERVICES, INCLUDING SUPPORT FOR AGENCIES CURRENTLY
PROVIDING EMERGENCY MEDICAL SERVICES, AS SET FORTH BY THIS SECTION,
WHEREBY ANY COUNTY, CITY, TOWN OR VILLAGE, ACTING INDIVIDUALLY, OR
JOINTLY WITH ANY OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS
GOVERNING BODY OR BODIES, FOLLOWING APPLICABLE PROCEDURES AS ARE
REQUIRED FOR THE ESTABLISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF
THE TOWN LAW OR FOLLOWING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE
ESTABLISHMENT OF JOINT FIRE DISTRICTS IN ARTICLE ELEVEN-A OF THE TOWN
LAW, WITH SUCH SPECIAL DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE
ESTABLISHED IN ALL OR ANY PART OF ANY SUCH PARTICIPATING COUNTY OR COUN-
S. 3007 70 A. 3007
TIES, TOWN OR TOWNS, CITY OR CITIES AND/OR VILLAGE OR VILLAGES; PROVIDED
THAT THE TERM "TOWN BOARD", "TOWN", OR "COMMISSIONER", INSOFAR AS EITHER
IS USED IN ARTICLE ELEVEN OR ARTICLE ELEVEN-A OF THE TOWN LAW, SHALL
MEAN THE LEGISLATIVE BODY OF A VILLAGE, CITY HAVING A POPULATION LESS
THAN ONE MILLION, AND COUNTY OUTSIDE OF ANY SUCH CITY, AS APPLICABLE FOR
SUCH VILLAGE, CITY, AND COUNTY TO ESTABLISH OR EXTEND A SPECIAL DISTRICT
OR SPECIAL IMPROVEMENT DISTRICT AS AUTHORIZED UNDER THIS SECTION.
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, RULE OR REGULATION TO THE
CONTRARY, ANY SPECIAL DISTRICT CREATED UNDER THIS SECTION SHALL NOT
OVERLAP WITH A PRE-EXISTING CITY, TOWN OR VILLAGE AMBULANCE DISTRICT
UNLESS SUCH EXISTING DISTRICT IS MERGED INTO THE NEWLY CREATED DISTRICT.
NO CITY, TOWN OR VILLAGE SHALL ELIMINATE OR DISSOLVE A PRE-EXISTING
AMBULANCE DISTRICT WITHOUT EXPRESS APPROVAL AND CONSENT BY THE COUNTY TO
ASSUME RESPONSIBILITY FOR THE EMERGENCY MEDICAL SERVICES PREVIOUSLY
PROVIDED BY SUCH DISTRICT. SUCH EXPRESS COUNTY APPROVAL AND CONSENT
SHALL BE ADOPTED BY RESOLUTION OF THE COUNTY LEGISLATIVE BODY, AND THE
RESOLUTION SHALL BE FILED WITH THE DEPARTMENT OF STATE. WHEN A SPECIAL
DISTRICT IS ESTABLISHED PURSUANT TO THIS ARTICLE, THE CITIES, TOWNS, OR
VILLAGES CONTAINED WITHIN THE COUNTY SHALL NOT REDUCE CURRENT AMBULANCE
FUNDING WITHOUT SUCH CHANGES BEING INCORPORATED INTO THE COMPREHENSIVE
COUNTY EMERGENCY MEDICAL SYSTEM PLAN.
§ 6. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
§ 3000. Declaration of policy and statement of purpose. The furnishing
of medical assistance in an emergency is a matter of vital STATE concern
affecting the public health, safety and welfare. EMERGENCY MEDICAL
SERVICES AND AMBULANCE SERVICES ARE ESSENTIAL SERVICES AND SHALL BE
AVAILABLE TO EVERY PERSON IN THE STATE IN A RELIABLE MANNER. Prehospital
emergency medical care, OTHER EMERGENCY MEDICAL SERVICES, the provision
of prompt and effective communication among ambulances and hospitals and
safe and effective care and transportation of the sick and injured are
essential public health services AND SHALL BE AVAILABLE TO EVERY PERSON
IN THE STATE IN A RELIABLE MANNER.
It is the purpose of this article to promote the public health, safety
and welfare by providing for certification of all advanced life support
first response services and ambulance services; the creation of regional
emergency medical services councils; and a New York state emergency
medical services council to develop minimum training standards for
certified first responders, emergency medical technicians and advanced
emergency medical technicians and minimum equipment and communication
standards for advanced life support first response services and ambu-
lance services.
§ 7. Subdivision 1 of section 3001 of public health law, as amended by
chapter 804 of the laws of 1992, is amended to read as follows:
1. "Emergency medical service" means [initial emergency medical
assistance including, but not limited to, the treatment of trauma,
burns, respiratory, circulatory and obstetrical emergencies.] A COORDI-
NATED SYSTEM OF MEDICAL RESPONSE, INCLUDING ASSESSMENT, TREATMENT,
TRANSPORTATION, EMERGENCY MEDICAL DISPATCH, MEDICAL DIRECTION, AND EMER-
GENCY MEDICAL SERVICES EDUCATION THAT PROVIDES ESSENTIAL EMERGENCY AND
NON-EMERGENCY CARE AND TRANSPORTATION FOR THE ILL AND INJURED, WHILE
SUPPORTING PUBLIC HEALTH, EMERGENCY PREPAREDNESS, AND RISK MITIGATION
THROUGH AN ORGANIZED AND PLANNED RESPONSE SYSTEM.
§ 8. The public health law is amended by adding a new section 3003-c
to read as follows:
S. 3007 71 A. 3007
§ 3003-C. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS. 1. THE
PURPOSE OF THIS SECTION IS TO PROMOTE INNOVATION IN EMERGENCY MEDICAL
SERVICES BY ENABLING AGENCIES AND PRACTITIONERS TO DEVELOP AND TEST
NOVEL DELIVERY MODELS AND CARE STRATEGIES THAT ADDRESS THE DIVERSE NEEDS
OF THEIR COMMUNITIES. THIS INCLUDES IMPROVING PATIENT OUTCOMES, SYSTEM
EFFICIENCY, AND COST-EFFECTIVENESS, PARTICULARLY IN RURAL AND UNDER-
SERVED REGIONS. DEMONSTRATION PROGRAMS MAY ENHANCE THE OPERATIONAL GOALS
OF STATE AND COUNTY EMERGENCY MEDICAL SERVICES PLANS AND SERVE AS MODELS
FOR BROADER ADOPTION STATEWIDE.
2. THE COMMISSIONER IS AUTHORIZED TO:
(A) APPROVE EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS THAT
ALIGN WITH THE OBJECTIVES OF THIS SECTION, ENSURING THAT THEY ADDRESS
REGIONAL NEEDS AND PROMOTE SYSTEM-LEVEL IMPROVEMENTS;
(B) PROVIDE FINANCIAL SUPPORT FOR THESE PROGRAMS, SUBJECT TO THE
AVAILABILITY OF APPROPRIATED FUNDS; AND
(C) GRANT NARROWLY TAILORED WAIVERS FOR SPECIFIC PROVISIONS OF THIS
ARTICLE, ARTICLE THIRTY-A OF THIS CHAPTER, OR APPLICABLE REGULATIONS, AS
NECESSARY TO IMPLEMENT APPROVED DEMONSTRATION PROGRAMS. WAIVERS SHALL
PRIORITIZE PATIENT SAFETY AND THE INTEGRITY OF CARE DELIVERY.
3. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS SHALL BE SUBMIT-
TED TO THE DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTATION.
PROPOSALS MUST INCLUDE A DETAILED PLAN OUTLINING PROGRAM OBJECTIVES,
OPERATIONAL DETAILS, ANTICIPATED OUTCOMES, AND MECHANISMS TO ENSURE
PATIENT SAFETY AND COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
APPROVED DEMONSTRATION PROGRAMS SHALL UNDERGO PERIODIC EVALUATION,
ASSESSING METRICS SUCH AS PATIENT OUTCOMES, SYSTEM PERFORMANCE, AND
COST-EFFECTIVENESS, TO ENSURE ALIGNMENT WITH PROGRAM GOALS AND INFORM
POTENTIAL STATEWIDE ADOPTION.
4. DEMONSTRATION PROGRAMS APPROVED UNDER THIS SECTION SHALL NOT
INCLUDE, OVERLAP, OR REPLICATE SERVICES INCLUDED IN THE COMMUNITY-BASED
PARAMEDICINE DEMONSTRATION PROGRAM AS DEFINED UNDER SECTION THREE THOU-
SAND EIGHTEEN OF THIS ARTICLE.
§ 9. Section 3020 of the public health law is amended by adding a new
subdivision 3 to read as follows:
3. THE DEPARTMENT, IN CONSULTATION WITH THE STATE COUNCIL, SHALL
ESTABLISH STANDARDS FOR THE LICENSURE OF EMERGENCY MEDICAL SERVICES
PRACTITIONERS BY THE COMMISSIONER. SUCH STANDARDS SHALL ALIGN WITH
EXISTING REQUIREMENTS FOR CERTIFICATION AND SHALL NOT IMPOSE ADDITIONAL
BURDENS OR REQUIREMENTS BEYOND THOSE NECESSARY TO ENSURE COMPETENCE AND
PUBLIC SAFETY. THE TERM "LICENSED" SHALL REPLACE "CERTIFIED" TO REFLECT
THE PROFESSIONAL STATUS OF EMERGENCY MEDICAL SERVICES PRACTITIONERS,
INCLUDING BUT NOT LIMITED TO EMERGENCY MEDICAL TECHNICIANS AND ADVANCED
EMERGENCY MEDICAL TECHNICIANS.
§ 10. This act shall take effect six months after it shall have become
a law.
PART S
Section 1. Section 4552 of the public health law, as added by section
1 of part M of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 4552. Notice of material transactions; requirements. 1. A health
care entity shall submit to the department written notice, with support-
ing documentation as described below and further defined in regulation
developed by the department, which the department shall be in receipt of
at least [thirty] SIXTY days before the closing date of the transaction,
S. 3007 72 A. 3007
in the form and manner prescribed by the department. Immediately upon
the submission to the department, the department shall submit electronic
copies of such notice with supporting documentation to the antitrust,
health care and charities bureaus of the office of the New York attorney
general. Such written notice shall include, but not be limited to:
(a) The names of the parties to the material transaction and their
current addresses;
(b) Copies of any definitive agreements governing the terms of the
material transaction, including pre- and post-closing conditions;
(c) Identification of all locations where health care services are
currently provided by each party and the revenue generated in the state
from such locations;
(d) Any plans to reduce or eliminate services and/or participation in
specific plan networks;
(e) The closing date of the proposed material transaction;
(f) A brief description of the nature and purpose of the proposed
material transaction including:
(i) the anticipated impact of the material transaction on cost, quali-
ty, access, health equity, and competition in the impacted markets,
which may be supported by data and a formal market impact analysis; and
(ii) any commitments by the health care entity to address anticipated
impacts[.];
(G) A STATEMENT AS TO WHETHER ANY PARTY TO THE TRANSACTION, OR A
CONTROLLING PERSON OR PARENT COMPANY OF SUCH PARTY, OWNS ANY OTHER
HEALTH CARE ENTITY WHICH, IN THE PAST THREE YEARS HAS CLOSED OPERATIONS,
IS IN THE PROCESS OF CLOSING OPERATIONS, OR HAS EXPERIENCED A SUBSTAN-
TIAL REDUCTION IN SERVICES PROVIDED. THE PARTIES SHALL SPECIFICALLY
IDENTIFY THE HEALTH CARE ENTITY OR ENTITIES SUBJECT TO SUCH CLOSURE OR
SUBSTANTIAL SERVICE REDUCTION AND DETAIL THE CIRCUMSTANCES OF SUCH; AND
(H) A STATEMENT AS TO WHETHER A SALE-LEASEBACK AGREEMENT OR MORTGAGE
OR LEASE PAYMENTS OR OTHER PAYMENTS ASSOCIATED WITH REAL ESTATE ARE A
COMPONENT OF THE PROPOSED TRANSACTION AND IF SO, THE PARTIES SHALL
PROVIDE THE PROPOSED SALE-LEASEBACK AGREEMENT OR MORTGAGE, LEASE, OR
REAL ESTATE DOCUMENTS WITH THE NOTICE.
2. [(a) Except as provided in paragraph (b) of this subdivision,
supporting documentation as described in subdivision one of this section
shall not be subject to disclosure under article six of the public offi-
cers law.
(b)] During such [thirty-day] SIXTY-DAY period prior to the closing
date, the department shall post on its website:
[(i)] (A) a summary of the proposed transaction;
[(ii)] (B) an explanation of the groups or individuals likely to be
impacted by the transaction;
[(iii)] (C) information about services currently provided by the
health care entity, commitments by the health care entity to continue
such services and any services that will be reduced or eliminated; and
[(iv)] (D) details about how to submit comments, in a format that is
easy to find and easy to read.
3. (A) A health care entity that is a party to a material transaction
shall notify the department upon closing of the transaction in the form
and manner prescribed by the department.
(B) ANNUALLY, FOR A FIVE-YEAR PERIOD FOLLOWING CLOSING OF THE TRANS-
ACTION AND ON THE DATE OF SUCH ANNIVERSARY, PARTIES TO A MATERIAL TRANS-
ACTION SHALL NOTIFY THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY
THE DEPARTMENT, OF FACTORS AND METRICS TO ASSESS THE IMPACTS OF THE
TRANSACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION.
S. 3007 73 A. 3007
THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION, INCLUDING
ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCUMENTS AND
INFORMATION IN CONNECTION WITH THE ANNUAL REPORT REQUIRED UNDER THIS
PARAGRAPH, TO THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO
ASSESS THE IMPACTS OF THE TRANSACTION ON COST, QUALITY, ACCESS, HEALTH
EQUITY, AND COMPETITION OR TO VERIFY OR CLARIFY INFORMATION SUBMITTED IN
SUPPORT OR AS PART OF THE ANNUAL REPORT REQUIRED UNDER THIS PARAGRAPH.
PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE DAYS OF REQUEST.
4. (A) THE DEPARTMENT SHALL CONDUCT A PRELIMINARY REVIEW OF ALL
PROPOSED TRANSACTIONS. REVIEW OF A MATERIAL TRANSACTION NOTICE MAY ALSO,
AT THE DISCRETION OF THE DEPARTMENT, CONSIST OF A FULL COST AND MARKET
IMPACT REVIEW. THE DEPARTMENT SHALL NOTIFY THE PARTIES IF AND WHEN IT
DETERMINES THAT A FULL COST AND MARKET IMPACT REVIEW IS REQUIRED AND, IF
SO, THE DATE THAT THE PRELIMINARY REVIEW IS COMPLETED.
(B) IN THE EVENT THE DEPARTMENT DETERMINES THAT A FULL COST AND MARKET
IMPACT REVIEW IS REQUIRED, THE DEPARTMENT SHALL HAVE DISCRETION TO
REQUIRE PARTIES TO DELAY THE PROPOSED TRANSACTION CLOSING UNTIL SUCH
COST AND MARKET IMPACT REVIEW IS COMPLETED, BUT IN NO EVENT SHALL THE
CLOSING BE DELAYED MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE DATE THE
DEPARTMENT COMPLETES ITS PRELIMINARY REVIEW OF THE PROPOSED TRANSACTION.
(C) THE DEPARTMENT MAY ASSESS ON PARTIES TO A MATERIAL TRANSACTION ALL
ACTUAL, REASONABLE, AND DIRECT COSTS INCURRED IN REVIEWING AND EVALUAT-
ING THE NOTICE. ANY SUCH FEES SHALL BE PAYABLE TO THE DEPARTMENT WITHIN
FOURTEEN DAYS OF NOTICE OF SUCH ASSESSMENT.
5. (A) THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION,
INCLUDING ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCU-
MENTS AND INFORMATION IN CONNECTION WITH A MATERIAL TRANSACTION NOTICE
OR A FULL COST AND MARKET IMPACT REVIEW REQUIRED UNDER THIS SECTION, TO
THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO CONDUCT A PRELIM-
INARY REVIEW OF THE TRANSACTION; TO ASSESS THE IMPACTS OF THE TRANS-
ACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION; OR TO
VERIFY OR CLARIFY INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION. PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE
DAYS OF REQUEST.
(B) THE DEPARTMENT SHALL KEEP CONFIDENTIAL ALL NONPUBLIC INFORMATION
AND DOCUMENTS OBTAINED UNDER THIS SUBDIVISION AND SHALL NOT DISCLOSE THE
INFORMATION OR DOCUMENTS TO ANY PERSON WITHOUT THE CONSENT OF THE
PARTIES TO THE PROPOSED TRANSACTION, EXCEPT AS SET FORTH IN PARAGRAPH
(C) OF THIS SUBDIVISION.
(C) ANY DATA REPORTED TO THE DEPARTMENT PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, ANY INFORMATION OBTAINED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, AND ANY COST AND MARKET IMPACT REVIEW FINDINGS MADE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MAY BE USED AS EVIDENCE IN
INVESTIGATIONS, REVIEWS, OR OTHER ACTIONS BY THE DEPARTMENT OR THE
OFFICE OF THE ATTORNEY GENERAL, INCLUDING BUT NOT LIMITED TO USE BY THE
DEPARTMENT IN ASSESSING CERTIFICATE OF NEED APPLICATIONS SUBMITTED BY
THE SAME HEALTHCARE ENTITIES INVOLVED IN THE REPORTED MATERIAL TRANS-
ACTION OR UNRELATED PARTIES WHICH ARE LOCATED IN THE SAME MARKET AREA
IDENTIFIED IN THE COST AND MARKET IMPACT REVIEW.
6. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, DOCUMENTA-
TION, DATA, AND INFORMATION SUBMITTED TO THE DEPARTMENT AS DESCRIBED IN
SUBDIVISIONS ONE, THREE, AND FIVE OF THIS SECTION SHALL NOT BE SUBJECT
TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS
SECTION.
S. 3007 74 A. 3007
8. Failure to [notify the department of a material transaction under]
COMPLY WITH ANY REQUIREMENT OF this section shall be subject to civil
penalties under section twelve of this chapter. Each day in which the
violation continues shall constitute a separate violation.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART T
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 2805-i of the public health law are relettered paragraphs (d),
(e), (f) and (g) and three new paragraphs (a), (b) and (c) are added to
read as follows:
(A) MAINTAINING THE FOLLOWING FULL-TIME, PART-TIME, CONTRACTED, OR
ON-CALL STAFF:
(1) ONE OR MORE HOSPITAL SEXUAL VIOLENCE RESPONSE COORDINATORS WHO ARE
DESIGNATED TO ENSURE THAT THE HOSPITAL'S SEXUAL VIOLENCE RESPONSE IS
INTEGRATED WITHIN THE HOSPITAL'S CLINICAL OVERSIGHT AND QUALITY IMPROVE-
MENT STRUCTURE AND TO ENSURE CHAIN OF CUSTODY IS MAINTAINED;
(2) SEXUAL ASSAULT FORENSIC EXAMINERS SUFFICIENT TO MEET HOSPITAL
NEEDS. SUCH INDIVIDUALS SHALL:
(I) BE A REGISTERED PROFESSIONAL NURSE, CERTIFIED NURSE PRACTITIONER,
LICENSED PHYSICIAN ASSISTANT OR LICENSED PHYSICIAN ACTING WITHIN THEIR
LAWFUL SCOPE OF PRACTICE AND SPECIALLY TRAINED IN FORENSIC EXAMINATION
OF SEXUAL OFFENSE VICTIMS AND THE PRESERVATION OF FORENSIC EVIDENCE IN
SUCH CASES AND CERTIFIED AS QUALIFIED TO PROVIDE SUCH SERVICES, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER; AND
(II) HAVE SUCCESSFULLY COMPLETED A DIDACTIC AND CLINICAL TRAINING
COURSE AND POST COURSE PRECEPTORSHIP AS APPROPRIATE TO SCOPE OF PRACTICE
THAT ALIGNS WITH GUIDANCE RELEASED BY THE COMMISSIONER.
(B) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS ARE ON-CALL
AND AVAILABLE ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE YEAR;
(C) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS MAINTAIN
COMPETENCY IN PROVIDING SEXUAL ASSAULT EXAMINATIONS;
§ 2. Paragraph (a) of subdivision 13 of section 631 of the executive
law, as amended by section 3 of subpart S of part XX of chapter 55 of
the laws of 2020, is amended to read as follows:
(a) Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in
consultation with the department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services, hospi-
tal or healthcare facility services related to the exam, and any neces-
sary related laboratory tests or pharmaceuticals; including but not
limited to HIV post-exposure prophylaxis provided by a hospital emergen-
cy room at the time of the forensic rape examination pursuant to para-
S. 3007 75 A. 3007
graph [(c)] (F) of subdivision one of section twenty-eight hundred
five-i of the public health law. For a person eighteen years of age or
older, follow-up HIV post-exposure prophylaxis costs shall continue to
be reimbursed according to established office procedure. The office, in
consultation with the department of health, shall also generate the
necessary regulations and forms for the direct reimbursement procedure.
§ 3. Paragraph (d) of subdivision 1 and paragraph (c) of subdivision 2
of section 2805-p of the public health law, as added by chapter 625 of
the laws of 2003, are amended to read as follows:
(d) "Rape survivor" or "survivor" shall mean any [female] person who
alleges or is alleged to have been raped and who presents as a patient.
(c) provide emergency contraception to such survivor, unless contrain-
dicated, upon [her] SUCH SURVIVOR'S request. No hospital may be required
to provide emergency contraception to a rape survivor who is pregnant.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that sections one and two of this act shall take effect October
1, 2025.
PART U
Section 1. Paragraph (g) of subdivision 2 of section 4100 of the
public health law is REPEALED.
§ 2. Paragraphs (h) and (i) of subdivision 2 of section 4100 of the
public health law, paragraph (h) as added by chapter 545 of the laws of
1965 and paragraph (i) as added by chapter 690 of the laws of 1994, are
amended to read as follows:
[(h)] (G) prescribe and prepare the necessary methods and forms for
obtaining and preserving records and statistics of autopsies which are
conducted by a coroner or by a medical examiner, or by [his] THEIR
order, within the state of New York, and shall require all those
performing such autopsies, for the purpose of determining the cause of
death or the means or manner of death, to enter upon such record the
pathological appearances and findings embodying such information as may
be prescribed, and to append thereto the diagnosis of the cause of death
and the means or manner of death[.]; AND
[(i)] (H) upon notification by the division of criminal justice
services that a person who was born in the state is a missing child,
flag the certificate record of that person in such manner that whenever
a copy of the record is requested, [he or she] SUCH PERSON shall be
alerted to the fact that the record is that of a missing child. The
commissioner shall also notify the appropriate registrar to likewise
flag [his or her] THEIR records. The commissioner or registrar shall
immediately report to the local law enforcement authority and the divi-
sion of criminal justice services any request concerning flagged birth
records or knowledge as to the whereabouts of any missing child. Upon
notification by the division of criminal justice services that the miss-
ing child has been recovered, the commissioner shall remove the flag
from the person's certificate record and shall notify any other previ-
ously notified registrar to remove the flag from [his or her] THEIR
record. In the city of New York, the commissioner of the department of
health for the city of New York shall implement the requirements of this
paragraph.
§ 3. Section 4104 of the public health law, as amended by chapter 491
of the laws of 2019, is amended to read as follows:
S. 3007 76 A. 3007
§ 4104. Vital statistics; application of article. The provisions of
this article except for the provisions contained in paragraph [(i)] (H)
of subdivision two and subdivision four of section four thousand one
hundred, section four thousand one hundred three, subdivision two of
section four thousand one hundred thirty-five, section four thousand one
hundred thirty-five-b, subdivision eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision one, para-
graph (a) and (b) of subdivision three, and subdivisions five and eight
of section four thousand one hundred thirty-eight, subdivision eleven of
section four thousand one hundred thirty-eight-c, paragraph (b) of
subdivision three of section four thousand one hundred thirty-eight-d,
section four thousand one hundred thirty-eight-e and section four thou-
sand one hundred seventy-nine of this article, shall not apply to the
city of New York.
§ 4. Subdivision (h) of section 4170 of the public health law, as
added by chapter 690 of the laws of 1994, is amended to read as follows:
(h) immediately notify the division of criminal justice services in
the event that a copy of a birth certificate or information concerning
the birth records of any person whose record is flagged pursuant to
paragraph [(i)] (H) of subdivision two of section four thousand one
hundred of this article is requested. In the event that a copy of the
birth certificate of a person whose record is so flagged is requested in
person, the registrar's personnel accepting the request shall immediate-
ly notify [his or her] THEIR supervisor who shall notify the local law
enforcement agency and department in accordance with regulations promul-
gated by the department. The person making the request shall complete a
form as prescribed by the commissioner, which shall include the name,
address, telephone numbers and social security numbers of the person
making the request. A motor vehicle operator's license, or if such
license is not available, such other identification as the commissioner
determines to be satisfactory, shall be presented, photocopied and
returned to [him or her] THEM. When a copy of the birth certificate of a
person whose record has been flagged is requested in writing, the
registrar shall notify the local law enforcement agency and the depart-
ment in accordance with regulations promulgated by the department.
§ 5. Subdivisions 2, 3, 8, and 9 of section 4174 of the public health
law, subdivisions 2 and 3 as amended by section 2 and subdivision 9 as
added by section 3 of part W2 of chapter 62 of the laws of 2003 and
subdivision 8 as added by chapter 690 of the laws of 1994, are amended
to read as follows:
2. Each applicant for a certification of birth or death, certificate
of birth data or for a certified copy or certified transcript of a birth
or death certificate or certificate of birth data shall remit to the
commissioner with such application a fee of [thirty] FORTY-FIVE dollars
in payment for the search of the files and records and the furnishing of
a certification, certified copy or certified transcript if such record
is found or for a certification that a search discloses no record of a
birth or of a death.
3. [For any] REGARDING REQUESTS TO search [of the files and] VITAL
records [conducted] for authorized genealogical or research purposes[,
the commissioner or any person authorized by him shall be entitled to,
and the applicant shall pay, a fee of twenty dollars for each hour or
fractional part of an hour of time of search, together with a fee of two
dollars for each uncertified copy or abstract of such record requested
by the applicant or for a certification that a search discloses no
record.]:
S. 3007 77 A. 3007
(A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER
SHALL HAVE THE AUTHORITY TO DETERMINE THE MEANS AND METHODS BY WHICH THE
FOLLOWING GENEALOGICAL RECORDS MAY BE RELEASED TO AN APPLICANT MEETING
THE QUALIFICATIONS TO RECEIVE THE RELEVANT RECORD TYPE AS DESCRIBED IN
THIS ARTICLE OR ARTICLE THREE OF THE DOMESTIC RELATIONS LAW: (1) A
RECORD OF BIRTH WHICH HAS BEEN ON FILE FOR AT LEAST ONE HUNDRED TWENTY-
FIVE YEARS, WHEN THE PERSON TO WHOM THE RECORD RELATES IS KNOWN TO BE
DECEASED, (2) A RECORD OF DEATH WHICH HAS BEEN ON FILE FOR AT LEAST
SEVENTY-FIVE YEARS, OR (3) A RECORD OF MARRIAGE OR DISSOLUTION OF
MARRIAGE WHICH HAS BEEN ON FILE FOR AT LEAST ONE HUNDRED YEARS, WHEN
BOTH PARTIES TO THE MARRIAGE ARE KNOWN TO BE DECEASED. NO SUCH RECORD OR
ABSTRACT OF SUCH RECORD SHALL BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX
OF THE PUBLIC OFFICERS LAW.
(B) THE COMMISSIONER OR ANY PERSON AUTHORIZED BY THEM SHALL HAVE THE
AUTHORITY TO APPROVE A REQUEST FOR RECORDS SOUGHT FOR RESEARCH PURPOSES.
IN THE EVENT THAT SUCH APPROVAL IS GRANTED, THE COMMISSIONER OR ANY
PERSON AUTHORIZED BY THEM SHALL BE ENTITLED TO, AND THE APPLICANT SHALL
PAY, A FEE OF FIFTY DOLLARS FOR EACH HOUR OR FRACTIONAL PART OF EACH
HOUR OF TIME DEVOTED TO SEARCH OR RETRIEVAL OF RECORDS, TOGETHER WITH A
FEE OF FORTY-FIVE DOLLARS FOR EACH UNCERTIFIED COPY OR ABSTRACT OF AN
INDIVIDUAL RECORD OR FOR A CERTIFICATION THAT A SEARCH DISCLOSES NO
RECORD.
8. The commissioner, the commissioner of health of the city of New
York, or any person authorized by the commissioner having jurisdiction
shall immediately notify the division of criminal justice services in
the event that a copy of a birth certificate or information concerning
the birth records of any person whose record is flagged pursuant to
paragraph [(i)] (H) of subdivision two of section four thousand one
hundred of this article is requested. In the event that a copy of the
birth certificate of a person whose record is so flagged is requested in
person, the personnel accepting the request shall immediately notify
[his or her] THEIR supervisor. The person making the request shall
complete a form as prescribed by the commissioner or, in the city of New
York, the commissioner of health of the city of New York, which shall
include the name, address and telephone numbers and social security
number of the person making the request. A motor vehicle operator's
license, or if such license is not available, such other identification
as the commissioner, or in the city of New York, the commissioner of the
New York city department of health, determines to be satisfactory, of
the person making the request shall be presented, shall be photocopied
and returned to [him or her] THEM. The person receiving the request
shall note the physical description of the person making the request and
[his or her] THEIR supervisor shall immediately notify the local law
enforcement authority as to the request and the information obtained
pursuant to this [subsection] SUBDIVISION. When a copy of the birth
certificate of a person whose record has been flagged is requested in
writing, the law enforcement authority having jurisdiction shall be
notified as to the request and shall be provided with a copy of the
written request. The registrar shall retain the original written
response.
9. The commissioner may institute an additional fee of [fifteen] THIR-
TY dollars for priority handling for each certification, certified copy
or certified transcript of certificates of birth, death, or dissolution
of marriage; or [fifteen] THIRTY dollars for priority handling for each
certification, certified copy or certified transcript of certificate of
marriage.
S. 3007 78 A. 3007
§ 6. This act shall take effect immediately and shall be deemed to be
in full force and effect on and after April 1, 2025.
PART V
Section 1. This part enacts into law major components of legislation
relating to the scope of practice of certified nurse aides, medical
assistants, pharmacists, and pharmacy technicians. Each component is
wholly contained within a Subpart identified as Subparts A through F.
The effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this Part sets forth the general effective
date of this Part.
SUBPART A
Section 1. Section 6908 of the education law is amended by adding a
new subdivision 3 to read as follows:
3. THIS ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING MEDICATION
RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE WORKING IN A RESI-
DENTIAL HEALTH CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW, IN ACCORDANCE WITH REGULATIONS DEVELOPED
BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER.
THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER, SHALL
ADOPT REGULATIONS GOVERNING CERTIFIED MEDICATION AIDES THAT, AT A MINI-
MUM, SHALL:
A. SPECIFY THE MEDICATION-RELATED TASKS THAT MAY BE PERFORMED BY
CERTIFIED MEDICATION AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS
SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND
PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
OF ADMINISTRATION, PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY
INJECTION, STERILE PROCEDURES, AND CENTRAL LINE MAINTENANCE SHALL BE
PROHIBITED. PROVIDED, HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO
INJECTIONS OF INSULIN OR OTHER INJECTIONS FOR DIABETES CARE, TO
INJECTIONS OF LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
JECTIONS OF NALOXONE AND EPINEPHRINE FOR EMERGENCY PURPOSES, AND
PROVIDED, FURTHER, THAT ENTITIES EMPLOYING CERTIFIED MEDICATION AIDES
PURSUANT TO THIS SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
ADDRESS DRUG DIVERSION;
B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED MEDI-
CATION AIDES MAY BE PERFORMED ONLY UNDER APPROPRIATE SUPERVISION AS
DETERMINED BY THE COMMISSIONER OF HEALTH;
C. ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE. SUCH
PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) ALLOWING ASSIGNMENT OF MEDICATION-RELATED TASKS TO A CERTIFIED
MEDICATION AIDE ONLY WHERE SUCH CERTIFIED MEDICATION AIDE HAS DEMON-
STRATED TO THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK THAT SUCH CERTIFIED
MEDICATION AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
S. 3007 79 A. 3007
COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH
INDIVIDUAL'S NEEDS;
(II) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE TO
REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED MEDICATION
AIDE FOR ANY REASON; AND
(III) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE
REQUIRED TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
D. PROVIDE THAT MEDICATION-RELATED TASKS MAY BE PERFORMED ONLY IN
ACCORDANCE WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S
ORDERED CARE;
E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
(I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
(II) A HIGH SCHOOL DIPLOMA, OR ITS EQUIVALENT;
(III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
(IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
A RESIDENTIAL HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW OR A SIMILARLY LICENSED FACILITY IN
ANOTHER STATE OR UNITED STATES TERRITORY;
(V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
MATH SKILLS;
(VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER OF HEALTH
IN CONSULTATION WITH THE COMMISSIONER;
(VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER; AND
(VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER;
F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELVES OUT,
OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER
THE PROVISIONS OF THIS ARTICLE;
G. PROVIDE THAT A CERTIFIED MEDICATION AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
PERFORM ANY MEDICATION-RELATED TASKS OR ACTIVITIES PURSUANT TO THIS
SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT BEEN APPROPRI-
ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
TION-RELATED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION
ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
ISTRATION RECORD; AND
J. PROVIDE THAT THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
RETAIN THE DISCRETION TO DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT BE
SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
§ 2. Section 6909 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A RESIDENTIAL
HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, MAY, IN ACCORDANCE WITH THIS SUBDIVISION, ASSIGN
CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
VIDUALS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
S. 3007 80 A. 3007
SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
§ 3. Paragraph (a) of subdivision 3 of section 2803-j of the public
health law, as added by chapter 717 of the laws of 1989, is amended to
read as follows:
(a) Identification of individuals who have successfully completed a
nurse aide training and competency evaluation program, [or] a nurse aide
competency evaluation program, OR A MEDICATION AIDE PROGRAM;
§ 4. The commissioner of health shall, in consultation with the
commissioner of education, issue a report on the implementation of
certified medication aides in residential care facilities in the state
two years after the effective date of this act. Such report shall
include the number of certified medication aides authorized pursuant to
this act; the impact, if any, that the introduction of certified medica-
tion aides had on workforce availability in residential care facilities
and/or the retention of registered nurses and/or licensed practical
nurses working in residential care facilities; the number of complaints
pertaining to services provided by certified medication aides that were
reported to the department of health; and the number of certified medi-
cation aides who had their authorization limited or revoked. Such report
shall provide recommendations to the governor and the chairs of the
senate and assembly health and higher education committees regarding the
implementation of certified medication aides pursuant to this act, and
any recommendations related thereto.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire ten years following such
effective date when upon such date the provisions of this act shall
expire and be deemed repealed.
SUBPART B
Section 1. Section 6526 of the education law is amended by adding a
new subdivision 9-a to read as follows:
9-A. A MEDICAL ASSISTANT WHEN DRAWING AND ADMINISTERING AN IMMUNIZA-
TION IN AN OUTPATIENT OFFICE SETTING UNDER THE DIRECT SUPERVISION OF A
PHYSICIAN OR A PHYSICIAN ASSISTANT.
§ 2. The public health law is amended by adding a new section 2113 to
read as follows:
§ 2113. ADMINISTRATION OF IMMUNIZATIONS; MEDICAL ASSISTANTS. NOTWITH-
STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, PHYSICIANS
AND PHYSICIAN ASSISTANTS ARE HEREBY AUTHORIZED TO DELEGATE THE TASK OF
DRAWING UP AND ADMINISTERING IMMUNIZATIONS TO MEDICAL ASSISTANTS IN
OUTPATIENT OFFICE SETTINGS PROVIDED SUCH IMMUNIZATIONS ARE RECOMMENDED
BY THE ADVISORY COMMITTEE FOR IMMUNIZATION PRACTICES (ACIP) OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION; AND PROVIDED FURTHER THAT
MEDICAL ASSISTANTS RECEIVE APPROPRIATE TRAINING AND ADEQUATE SUPERVISION
DETERMINED PURSUANT TO REGULATIONS BY THE COMMISSIONER IN CONSULTATION
WITH THE COMMISSIONER OF EDUCATION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART C
S. 3007 81 A. 3007
Section 1. Paragraph (a) and (b) of subdivision 7 of section 6527 of
the education law, as amended by chapter 555 of the laws of 2021, are
amended to read as follows:
(a) administering immunizations to prevent influenza AND COVID-19 to
patients two years of age or older; and (b) administering immunizations
to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,]
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis to patients eighteen
years of age or older; and
§ 2. Paragraph (b) of subdivision 4 of section 6801 of the education
law, as amended by section 1 of part DD of chapter 57 of the laws of
2018, is amended to read as follows:
(b) education materials on influenza AND COVID-19 vaccinations for
children as determined by the commissioner and the commissioner of
health.
§ 3. Subparagraph 2 of paragraph (a) of subdivision 22 of section 6802
of the education law, as amended by chapter 802 of the laws of 2022, is
amended to read as follows:
(2) the direct application of an immunizing agent to children between
the ages of two and eighteen years of age, whether by injection, inges-
tion, inhalation or any other means, pursuant to a patient specific
order or non-patient specific regimen prescribed or ordered by a physi-
cian or certified nurse practitioner, for immunization to prevent influ-
enza AND COVID-19 and medications required for emergency treatment of
anaphylaxis resulting from such immunization. If the commissioner of
health determines that there is an outbreak of influenza OR COVID-19, or
that there is the imminent threat of an outbreak of influenza OR COVID-
19, then the commissioner of health may issue a non-patient specific
regimen applicable statewide.
§ 4. Paragraphs (a) and (b) of subdivision 7 of section 6909 of the
education law, as amended by chapter 555 of the laws of 2021, are
amended to read as follows:
(a) administering immunizations to prevent influenza AND COVID-19 to
patients two years of age or older; and (b) administering immunizations
to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,]
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis to patients eighteen
years of age or older; and
§ 5. Subdivision 1 of section 6841 of the education law, as added by
chapter 414 of the laws of 2019, is amended to read as follows:
1. (A) A registered pharmacy technician may, under the direct personal
supervision of a licensed pharmacist, assist such licensed pharmacist,
as directed, in compounding, preparing, labeling, or dispensing of drugs
used to fill valid prescriptions or medication orders or in compounding,
preparing, and labeling in anticipation of a valid prescription or medi-
cation order for a patient to be served by the facility, in accordance
with article one hundred thirty-seven of this title where such tasks
require no professional judgment. Such professional judgment shall only
be exercised by a licensed pharmacist. A REGISTERED PHARMACY TECHNICIAN
MAY ADMINISTER THE SAME IMMUNIZATIONS AS LICENSED PHARMACISTS ARE
AUTHORIZED TO ADMINISTER UNDER THE DIRECT SUPERVISION OF A LICENSED
PHARMACIST CONSISTENT WITH THE TRAINING AND OTHER REQUIREMENTS IN ARTI-
CLE ONE HUNDRED THIRTY-SEVEN OF THIS TITLE. A registered pharmacy tech-
nician may only practice in a facility licensed in accordance with arti-
S. 3007 82 A. 3007
cle twenty-eight of the public health law, or a pharmacy owned and
operated by such a facility, under the direct personal supervision of a
licensed pharmacist employed in such a facility or pharmacy. Such facil-
ity shall be responsible for ensuring that the registered pharmacy tech-
nician has received appropriate training, IN ACCORDANCE WITH PARAGRAPH
(B) OF THIS SUBDIVISION, to ensure competence before [he or she] SUCH
REGISTERED PHARMACY TECHNICIAN begins assisting a licensed pharmacist in
compounding, ADMINISTERING IMMUNIZATIONS, preparing, labeling, or
dispensing of drugs, in accordance with this article and article one
hundred thirty-seven of this title. For the purposes of this article,
direct personal supervision means supervision of procedures based on
instructions given directly by a supervising licensed pharmacist who
remains in the immediate area where the procedures are being performed,
authorizes the procedures and evaluates the procedures performed by the
registered pharmacy technicians and a supervising licensed pharmacist
shall approve all work performed by the registered pharmacy technician
prior to the actual dispensing of any drug.
(B) NO REGISTERED PHARMACY TECHNICIAN SHALL ADMINISTER IMMUNIZING
AGENTS WITHOUT RECEIVING TRAINING SATISFACTORY TO THE COMMISSIONER, IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH, AS PRESCRIBED IN REGU-
LATIONS OF THE COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING INFORMED CONSENT;
TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
CATIONS IN THE USE OF AN AGENT OR AGENTS; RECORDKEEPING OF IMMUNIZATION
AND INFORMATION; AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS AND
NEEDLESTICK INJURIES. THE REGISTERED PHARMACY TECHNICIAN AND THE FACILI-
TY SHALL MAINTAIN DOCUMENTATION THAT THE REGISTERED PHARMACY TECHNICIAN
HAS COMPLETED THE REQUIRED TRAINING, PURSUANT TO REGULATIONS OF THE
COMMISSIONER.
§ 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
SUBPART D
Section 1. Section 6801 of the education law is amended by adding a
new subdivision 10 to read as follows:
10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION.
§ 2. This act shall take effect nine months after it shall have become
a law.
SUBPART E
Section 1. Notwithstanding any other provision of law, rule, or regu-
lation to the contrary, the following articles of title 8 of the educa-
tion law governing the healthcare professions are hereby REPEALED and
all removed provisions, and all powers authorized pursuant to such
provisions, are hereby added to the public health law under the authori-
ty of the commissioner of health, pursuant to a plan to be proposed not
inconsistent with this section, which shall include the text of the new
laws to be adopted.
Article 131 MEDICINE
Article 131-A DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO
PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
Article 131-B PHYSICIAN ASSISTANTS
S. 3007 83 A. 3007
Article 131-C SPECIALIST ASSISTANTS
§ 2. Transfer of functions, powers, duties and obligations. Notwith-
standing any inconsistent provisions of law to the contrary, effective
January 1, 2026, all functions, powers, duties and obligations of the
education department concerning the professions of medicine, physicians,
physician assistants, and specialist assistants under title 8 of the
education law shall be transferred to the New York state department of
health.
§ 3. Transfer of records. All books, papers and property of the state
education department with respect to the functions, powers and duties
transferred by sections one through nine of this act are to be delivered
to the appropriate offices within the department of health, at such
place and time, and in such manner as the department of health requires.
§ 4. Continuity of authority. For the purpose of all functions,
powers, duties and obligations of the state education department trans-
ferred to and assumed by the department of health, the department of
health shall continue the operation of the provisions previously done by
the state education department, pursuant to sections one through ten of
this act.
§ 5. Completion of unfinished business. Any business or other matter
undertaken or commenced by the state education department pertaining to
or connected with the functions, powers, duties and obligations hereby
transferred and assigned to the department of health and pending on the
effective date of January 1, 2026 shall be conducted and completed by
the department of health in the same manner and under the same terms and
conditions and with the same effect as if conducted and completed by the
state education department.
§ 6. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the state education
department in force at the time of such transfer and assumption, shall
continue in force and effect as rules, regulations, acts, orders, deter-
minations and decisions of the department of health until duly modified
or abrogated by the department of health.
§ 7. Terms occurring in laws, contracts and other documents. When-
ever the state education department is referred to or designated in any
law, contract or document pertaining to the functions, powers, obli-
gations and duties hereby transferred and assigned, such reference or
designation shall be deemed to refer to department of health or the
commissioner thereof.
§ 8. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
sections one through ten of this act.
§ 9. Pending actions or proceedings. No action or proceeding pending
at the time when sections one through ten of this act shall take effect
relating to the functions, powers and duties of the state education
department transferred pursuant to sections one through eight of this
act, brought by or against the state education department or board of
regents shall be affected by any provision of this act, but the same may
be prosecuted or defended in the name of the commissioner of the depart-
ment of health. In all such actions and proceedings, the commissioner of
health, upon application to the court, shall be substituted as a party.
§ 10. Transfer of appropriations heretofore made to the state educa-
tion department. Upon the transfer pursuant to sections one through nine
of this act of the functions and powers possessed by and of the obli-
gations and duties of the education department, all appropriations and
reappropriations which shall have been made available as of the date of
S. 3007 84 A. 3007
such transfer to the education department, or segregated pursuant to
law, to the extent of remaining unexpended or unencumbered balances
thereof, whether allocated or unallocated and whether obligated or unob-
ligated, shall be transferred to and made available for use and expendi-
ture by the department of health and shall be payable on vouchers certi-
fied or approved by the commissioner of taxation and finance, on audit
and warrant of the comptroller. Payments of liabilities for expenses of
personnel services, maintenance and operation which shall have been
incurred as of the date of such transfer by the education department,
and for liabilities incurred and to be incurred in completing its
affairs, shall also be made on vouchers certified or approved by the
commissioner of education on audit and warrant of the comptroller.
§ 11. This act shall take effect January 1, 2026.
SUBPART F
Section 1. Section 6542 of the education law, as amended by chapter
520 of the laws of 2024, is amended to read as follows:
§ 6542. Performance of medical services. 1. Notwithstanding any other
provision of law, a physician assistant may perform medical services,
but only when under the supervision of a physician and only when such
acts and duties as are assigned to such physician assistant are within
the scope of practice of such supervising physician UNLESS OTHERWISE
PERMITTED BY THIS SECTION.
1-A. (A) A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION OF
A PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
(I) WHERE THE PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE HAS PRACTICED FOR MORE THAN EIGHT
THOUSAND HOURS WITHIN THE SAME OR A SUBSTANTIALLY SIMILAR SPECIALTY THAT
THE PHYSICIAN ASSISTANT SEEKS TO PRACTICE IN WITHOUT SUPERVISION; AND
(A) IS PRACTICING IN PRIMARY CARE. FOR PURPOSES OF THIS CLAUSE, "PRIMARY
CARE" SHALL MEAN NON-SURGICAL CARE IN THE FIELDS OF GENERAL PEDIATRICS,
GENERAL ADULT MEDICINE, GENERAL GERIATRIC MEDICINE, GENERAL INTERNAL
MEDICINE, OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, OR SUCH OTHER
RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH; OR (B) IS
EMPLOYED BY A HEALTH SYSTEM OR HOSPITAL ESTABLISHED UNDER ARTICLE TWEN-
TY-EIGHT OF THE PUBLIC HEALTH LAW, AND THE HEALTH SYSTEM OR HOSPITAL
DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS OF THE
MEDICAL STAFF BYLAWS AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE PHYSI-
CIAN ASSISTANT PRIVILEGES; AND
(II) WHERE A PHYSICIAN ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY
THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH
SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
(B) THE DEPARTMENT AND THE DEPARTMENT OF HEALTH ARE AUTHORIZED TO
PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
(C) IN THE EVENT THAT A PHYSICIAN ASSISTANT SEEKS TO PRACTICE IN A
SUBSTANTIALLY DIFFERENT SPECIALTY, THE PHYSICIAN ASSISTANT SHALL
COMPLETE AT LEAST EIGHT THOUSAND HOURS OF PRACTICE IN SUCH NEW SPECIALTY
BEFORE SUCH PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT PHYSICIAN SUPER-
VISION PURSUANT TO SUBDIVISION (A) OF THIS SECTION.
2. [Supervision] WHERE SUPERVISION IS REQUIRED BY THIS SECTION, IT
shall be continuous but shall not be construed as necessarily requiring
the physical presence of the supervising physician at the time and place
where such services are performed.
S. 3007 85 A. 3007
3. [No physician shall employ or supervise more than six physician
assistants in such physician's private practice at one time.
4.] Nothing in this article shall prohibit a hospital from employing
physician assistants, provided that they [work under the supervision of
a physician designated by the hospital and not beyond the scope of prac-
tice of such physician. The numerical limitation of subdivision three of
this section shall not apply to services performed in a hospital.
5. Notwithstanding any other provision of this article, nothing shall
prohibit a physician employed by or rendering services to the department
of corrections and community supervision under contract from supervising
no more than eight physician assistants in such physician's practice for
the department of corrections and community supervision at one time.
6. Notwithstanding any other provision of law, a trainee in an
approved program may perform medical services when such services are
performed within the scope of such program] MEET THE QUALIFICATIONS OF
THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE
REQUIREMENTS OF THIS SECTION.
[7.] 4. A PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO PRESCRIBE,
DISPENSE, ORDER, ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR
COMPLETE A COURSE OF THERAPY.
5. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS-
TERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS PROMULGATED BY THE
COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR
ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE
UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
6. A physician assistant may prescribe and order a non-patient specif-
ic regimen to a registered professional nurse, pursuant to regulations
promulgated by the commissioner, and consistent with the public health
law, for:
(a) administering immunizations.
(b) the emergency treatment of anaphylaxis.
(c) administering purified protein derived (PPD) tests or other tests
to detect or screen for tuberculosis infections.
(d) administering tests to determine the presence of the human immuno-
deficiency virus.
(e) administering tests to determine the presence of the hepatitis C
virus.
(f) the urgent or emergency treatment of opioid related overdose or
suspected opioid related overdose.
(g) screening of persons at increased risk of syphilis, gonorrhea, and
chlamydia.
(h) administering electrocardiogram tests to detect signs and symptoms
of acute coronary syndrome.
(i) administering point-of-care blood glucose tests to evaluate acute
mental status changes in persons with suspected hypoglycemia.
(j) administering tests and intravenous lines to persons that meet
severe sepsis and septic shock criteria.
(k) administering tests to determine pregnancy.
(l) administering tests to determine the presence of COVID-19 or its
antibodies or influenza virus.
[8.] 7. Nothing in this article, or in article thirty-seven of the
public health law, shall be construed to authorize physician assistants
to perform those specific functions and duties specifically delegated by
law to those persons licensed as allied health professionals under the
public health law or this chapter.
S. 3007 86 A. 3007
§ 2. Subdivision 1 of section 3701 of the public health law, as
amended by chapter 48 of the laws of 2012, is amended to read as
follows:
1. to promulgate regulations defining and restricting the duties
[which may be assigned to] OF physician assistants [by their supervising
physician, the degree of supervision required and the manner in which
such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED
FORTY-TWO OF THE EDUCATION LAW;
§ 3. Section 3702 of the public health law, as amended by section 48
of the laws of 2012, and subdivision 1 as amended by chapter 520 of the
laws of 2024, is amended to read as follows:
§ 3702. Special provisions. 1. Inpatient medical orders. A licensed
physician assistant employed or extended privileges by a hospital may,
if permissible under the bylaws, rules and regulations of the hospital,
write medical orders, including those for controlled substances and
durable medical equipment, for inpatients [under the care of the physi-
cian responsible for the supervision of such physician assistant. Coun-
tersignature of such orders may be required if deemed necessary and
appropriate by the supervising physician or the hospital, but in no
event shall countersignature be required prior to execution].
2. Withdrawing blood. A licensed physician assistant or certified
nurse practitioner acting within [his or her] SUCH PHYSICIAN ASSISTANT'S
OR CERTIFIED NURSE PRACTITIONER'S lawful scope of practice may supervise
and direct the withdrawal of blood for the purpose of determining the
alcoholic or drug content therein under subparagraph one of paragraph
(a) of subdivision four of section eleven hundred ninety-four of the
vehicle and traffic law, notwithstanding any provision to the contrary
in clause (ii) of such subparagraph.
3. Prescriptions for controlled substances. A licensed physician
assistant, in good faith and acting within [his or her] SUCH PHYSICIAN
ASSISTANT'S lawful scope of practice, and to the extent assigned by [his
or her] THE supervising physician AS APPLICABLE UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-TWO OF THE EDUCATION LAW, may prescribe controlled
substances as a practitioner under article thirty-three of this chapter,
to patients under the care of such physician responsible for [his or
her] SUCH PHYSICIAN ASSISTANT'S supervision. The commissioner, in
consultation with the commissioner of education, may promulgate such
regulations as are necessary to carry out the purposes of this section.
§ 4. Section 3703 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3703. Statutory construction. A physician assistant may perform any
function in conjunction with a medical service lawfully performed by the
physician assistant, in any health care setting, that a statute author-
izes or directs a physician to perform and that is appropriate to the
education, training and experience of the licensed physician assistant
and within the ordinary practice of the supervising physician, AS APPLI-
CABLE PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION
LAW. This section shall not be construed to increase or decrease the
lawful scope of practice of a physician assistant under the education
law.
§ 5. Paragraph a of subdivision 2 of section 902 of the education law,
as amended by chapter 376 of the laws of 2015, is amended to read as
follows:
a. The board of education, and the trustee or board of trustees of
each school district, shall employ, at a compensation to be agreed upon
by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
S. 3007 87 A. 3007
practitioner to the extent authorized by the nurse practice act and
consistent with subdivision three of section six thousand nine hundred
two of this chapter, to perform the duties of the director of school
health services, including any duties conferred on the school physician
or school medical inspector under any provision of law, to perform and
coordinate the provision of health services in the public schools and to
provide health appraisals of students attending the public schools in
the city or district. The physicians, PHYSICIAN ASSISTANTS, or nurse
practitioners so employed shall be duly licensed pursuant to applicable
law.
§ 6. Subdivision 27 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
27. "Practitioner" means:
A physician, PHYSICIAN ASSISTANT, dentist, podiatrist, veterinarian,
scientific investigator, or other person licensed, or otherwise permit-
ted to dispense, administer or conduct research with respect to a
controlled substance in the course of a licensed professional practice
or research licensed pursuant to this article. Such person shall be
deemed a "practitioner" only as to such substances, or conduct relating
to such substances, as is permitted by [his] THEIR license, permit or
otherwise permitted by law.
§ 7. This act shall take effect December 31, 2025; provided, however,
that if the provisions of chapter 520 of the laws of 2024 have taken
effect on or before such date, then sections one and three of this act
shall take effect on the same date and in the same manner as such chap-
ter of the laws of 2024 takes effect; and provided further, however,
that the amendments to paragraph (l) of subdivision 7 of section 6542 of
the education law made by section one of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
would have been enacted even if such invalid provisions had not been
included herein.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the applicable effective dates of Subparts A through F of
this act shall be as specifically set forth in the last section of such
Subparts.
PART W
Section 1. Article 170 of the education law is renumbered article 171
and a new article 170 is added to title 8 of the education law to read
as follows:
ARTICLE 170
NURSE LICENSURE COMPACT
SECTION 8900. NURSE LICENSURE COMPACT.
8901. FINDINGS AND DECLARATION OF PURPOSE.
8902. DEFINITIONS.
S. 3007 88 A. 3007
8903. GENERAL PROVISIONS AND JURISDICTION.
8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS.
8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION.
8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
SURE COMPACT ADMINISTRATORS.
8908. RULEMAKING.
8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
8911. CONSTRUCTION AND SEVERABILITY.
§ 8900. NURSE LICENSURE COMPACT. THE NURSE LICENSE COMPACT AS SET
FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH ALL PARTY
STATES JOINING THEREIN.
§ 8901. FINDINGS AND DECLARATION OF PURPOSE 1. FINDINGS. THE PARTY
STATES FIND THAT:
A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
TO STATE NURSE LICENSURE LAWS;
B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
C. THE EXPANDED MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM
REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
E. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR BOTH NURSES AND
STATES; AND
F. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
2. DECLARATION OF PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
TO:
A. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
C. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
IN EACH JURISDICTION;
E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
ABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH THE
PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL
RECOGNITION OF PARTY STATE LICENSES;
F. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF NURSE
LICENSES; AND
G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY NURSES WHO MEET
UNIFORM LICENSURE REQUIREMENTS.
§ 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
A. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A
LICENSING BOARD OR OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH
S. 3007 89 A. 3007
AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A
CEASE AND DESIST ACTION.
B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
APPROVED BY A LICENSING BOARD.
C. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED
PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN-
SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
LICENSING BOARDS.
D. "COMMISSION" MEANS THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS.
E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
TO RESPOND, IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
TION; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
F. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
LICENSING BOARD.
G. "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
STATE OF RESIDENCE.
H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
FOR ISSUING NURSE LICENSES.
I. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE AS A REGISTERED
NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN), WHICH
IS ISSUED BY A HOME STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
SURE PRIVILEGE.
J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
EITHER A RN OR A LPN/VN IN A REMOTE STATE.
K. "NURSE" MEANS RN OR LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH
PARTY STATE'S PRACTICE LAWS.
L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
N. "SINGLE-STATE LICENSE" MEANS A NURSE LICENSE ISSUED BY A PARTY
STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE AND DOES
NOT INCLUDE A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
PARTY STATE.
O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
AND THE DISTRICT OF COLUMBIA.
P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES AND REGU-
LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
"STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE
HOME STATE.
§ 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN
S. 3007 90 A. 3007
THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
TO PRACTICE AS A REGISTERED NURSE (RN) OR AS A LICENSED
PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
LEGE, IN EACH PARTY STATE.
B. A STATE SHALL IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
HISTORY RECORDS OF APPLICANTS FOR AN INITIAL MULTISTATE LICENSE OR
LICENSURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY APPLICANTS FOR
THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
C. EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE
ONLY IF THE APPLICANT:
I. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
II. (1) HAS GRADUATED OR IS ELIGIBLE TO GRADUATE FROM A LICENSING
BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
(2) HAS GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED ACCREDITING BODY
IN THE APPLICABLE COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
ICENSURE EDUCATION PROGRAM;
III. HAS, IF A GRADUATE OF A FOREIGN PRELICENSURE EDUCATION PROGRAM
NOT TAUGHT IN ENGLISH OR IF ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH PROFICIENCY EXAMINATION THAT
INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
IV. HAS SUCCESSFULLY PASSED AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
RECOGNIZED PREDECESSOR, AS APPLICABLE;
V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
VI. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL
LICENSURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC
DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
RETAINING THAT STATE'S CRIMINAL RECORDS;
VII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
AL CRIMINAL LAW;
VIII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF
NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
X. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT
PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING
STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI-
STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR
ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER
A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINIS-
TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
E. A NURSE PRACTICING IN A PARTY STATE SHALL COMPLY WITH THE STATE
PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
S. 3007 91 A. 3007
SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
CARE BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY THE STATE
PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF THE LICENSING BOARD,
THE COURTS AND THE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS
LOCATED AT THE TIME SERVICE IS PROVIDED.
F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO
PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
A SINGLE-STATE LICENSE.
G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
I. A NURSE, WHO CHANGES PRIMARY STATE OF RESIDENCE AFTER THIS
COMPACT'S EFFECTIVE DATE, SHALL MEET ALL APPLICABLE REQUIREMENTS SET
FORTH IN THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
STATE.
II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT OCCURRING AFTER
THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE REVOKED
OR DEACTIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE
COMMISSION.
§ 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE. 1. APPLICATIONS
FOR LICENSURE IN A PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
CANT HAS EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE
LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
HAS BEEN TAKEN AGAINST ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE
HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
ING IN AN ALTERNATIVE PROGRAM.
B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
ONLY ONE PARTY STATE AT A TIME.
C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC-
TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE.
II. A MULTISTATE LICENSE SHALL NOT BE ISSUED BY THE NEW HOME STATE
UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
D. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING FROM A
PARTY STATE TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN
THE FORMER HOME STATE.
§ 8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO THE OTHER POWERS
CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
S. 3007 92 A. 3007
A. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE WITHIN THAT PARTY STATE.
I. ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION
AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
BOARD SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT
RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN
STATE LAWS TO DETERMINE APPROPRIATE ACTION.
B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
C. COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR
ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
TO THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL
PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
D. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE OF
THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES,
MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
E. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI-
GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
F. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED
NURSE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
G. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF THE REMOTE
STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
TAKING SUCH ADVERSE ACTION.
2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE
AGAINST A NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
PRIVILEGE TO PRACTICE IN ALL OTHER PARTY STATES SHALL BE DEACTIVATED
UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A
NURSE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE NURSE'S
MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
THE PENDENCY OF THE ORDER.
B. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE
MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
§ 8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION. 1. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
OF INFORMATION. A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
S. 3007 93 A. 3007
LICENSED PRACTICAL/VOCATIONAL NURSES (LPNS/VNS). THIS SYSTEM WILL
INCLUDE INFORMATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF
NURSE LICENSURE AND ENFORCEMENT EFFORTS.
B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
DINATED LICENSURE INFORMATION SYSTEM, SHALL FORMULATE NECESSARY AND
PROPER PROCEDURES FOR THE IDENTIFICATION, COLLECTION AND EXCHANGE OF
INFORMATION UNDER THIS COMPACT.
C. ALL LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED
LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR
SUCH DENIALS AND NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
D. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
NONPUBLIC OR CONFIDENTIAL ALTERNATIVE PROGRAMS SHALL BE TRANSMITTED
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
LICENSING BOARDS.
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
MATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH
NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI-
NATED LICENSURE INFORMATION SYSTEM BY A PARTY STATE LICENSING BOARD
SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY
STATE CONTRIBUTING THE INFORMATION.
G. ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
THE PARTY STATE CONTRIBUTING THAT INFORMATION SHALL ALSO BE EXPUNGED
FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
H. THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH A
UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
WHICH SHALL INCLUDE, AT A MINIMUM:
I. IDENTIFYING INFORMATION;
II. LICENSURE DATA;
III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
IV. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY COMMISSION RULES.
I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
§ 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS. 1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
ISTRATORS. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
ENTITY KNOWN AS THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY
STATES.
2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
TENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO
THE EXTENT IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
RESOLUTION PROCEEDINGS.
3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
BE A WAIVER OF SOVEREIGN IMMUNITY.
S. 3007 94 A. 3007
4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT FOR EACH PARTY
STATE. ANY ADMINISTRATOR MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
PROVIDED BY THE LAW OF THE STATE FROM WHICH THE ADMINISTRATOR IS
APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN
ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
SION. AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S
PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
C. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
THE COMMISSION.
D. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED EIGHT OF THIS ARTICLE.
5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
LIC MEETING IF THE COMMISSION SHALL DISCUSS:
I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS
COMPACT;
II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
WITH THIS COMPACT; OR
X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE
STATUTE.
B. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS,
PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
S. 3007 95 A. 3007
APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
COMPACT, INCLUDING BUT NOT LIMITED TO:
I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
(1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
(2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
III. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEET-
INGS AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A MEETING IN
WHOLE OR IN PART. AS SOON AS PRACTICABLE, THE COMMISSION MUST MAKE
PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING REVEALING THE VOTE OF
EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
IV. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE
PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND-
ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF
THE COMMISSION; AND
VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING OF
ALL OF ITS DEBTS AND OBLIGATIONS.
6. GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE
OF THE COMMISSION.
B. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS.
C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
7. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
POWERS:
A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN-
TATION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE
FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
TIONS;
E. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE
COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER
RESOURCES;
F. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
S. 3007 96 A. 3007
G. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE,
UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL,
PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
ANY APPEARANCE OF IMPROPRIETY;
I. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
K. TO BORROW MONEY;
L. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR
REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
PERSONS;
M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
ENFORCEMENT AGENCIES;
N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
O. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF NURSE LICENSURE AND PRACTICE.
8. FINANCING OF THE COMMISSION. A. THE COMMISSION SHALL PAY, OR
PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISH-
MENT, ORGANIZATION AND ONGOING ACTIVITIES.
B. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES
AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
THAT IS BINDING UPON ALL PARTY STATES.
C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
AUTHORITY OF, SUCH PARTY STATE.
D. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING
OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS
FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
OR WANTON MISCONDUCT OF THAT PERSON.
B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL
S. 3007 97 A. 3007
ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
SION'S EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
PROHIBIT THAT PERSON FROM RETAINING SUCH PERSON'S OWN COUNSEL; AND
PROVIDED FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID
NOT RESULT FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS-
SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCON-
DUCT OF THAT PERSON.
§ 8908. RULEMAKING. 1. RULEMAKING. A. THE COMMISSION SHALL EXERCISE
ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
AND THE RULES ADOPTED THEREUNDER. RULES AND AMENDMENTS SHALL BECOME
BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
2. NOTICE. A. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION
SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
I. ON THE WEBSITE OF THE COMMISSION; AND
II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
I. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
PROPOSED RULE;
III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
IV. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
ULED PUBLIC HEARING.
I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING. ALL HEARINGS WILL BE RECORDED, AND A COPY WILL BE MADE
AVAILABLE UPON REQUEST.
S. 3007 98 A. 3007
II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
WITH PROMULGATION OF THE PROPOSED RULE.
D. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
4. VOTING ON RULES. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL
ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETER-
MINE THE EFFECTIVE DATE OF THE RULE, IF ANY, BASED ON THE RULEMAKING
RECORD AND THE FULL TEXT OF THE RULE.
5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR
NOTICE, OPPORTUNITY FOR COMMENT OR HEARING, PROVIDED THAT THE USUAL
RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
BE ADOPTED IMMEDIATELY IN ORDER TO:
A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS REQUIRED BY FEDERAL LAW OR RULE.
6. REVISIONS. THE COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY
ADOPTED RULE OR AMENDMENT FOR PURPOSES OF CORRECTING TYPOGRAPHICAL
ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS.
PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
A PERIOD OF THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A
RULE. A CHALLENGE SHALL BE MADE IN WRITING, AND DELIVERED TO THE
COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE IS
MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION. IF THE
REVISION IS CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE
APPROVAL OF THE COMMISSION.
§ 8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
A. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND
INTENT.
B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
DETERMINES THAT A PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED
RULES, THE COMMISSION SHALL:
I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
S. 3007 99 A. 3007
B. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND-
ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
C. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS
RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT
EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
E. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN
TERMINATED UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
DEFAULTING STATE.
F. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEYS' FEES.
3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE, THE COMMIS-
SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
C. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
STATES ARISING UNDER THIS COMPACT:
I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT
ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY
STATES INVOLVED IN THE DISPUTE.
II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
B. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT
MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
C. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
§ 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1. EFFECTIVE DATE.
A. THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS
THAN TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
S. 3007 100 A. 3007
OF TWO THOUSAND TWENTY-FIVE THAT ENACTED THIS COMPACT. THEREAFTER, THE
COMPACT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE. ALL PARTY
STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
SURE COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
B. EACH PARTY STATE TO THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
THE PRIOR COMPACT.
2. WITHDRAWAL. A. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL
NOT TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
UTE.
B. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE
CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS
OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
C. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
3. AMENDMENT. A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE
PARTY STATES UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
STATES.
B. REPRESENTATIVES OF NON-PARTY STATES TO THIS COMPACT SHALL BE
INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
§ 8911. CONSTRUCTION AND SEVERABILITY. 1. CONSTRUCTION AND SEVERABIL-
ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON OR CIRCUMSTANCE IS HELD TO BE INVALID, THE VALIDITY OF THE
REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERN-
MENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY
STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART X
Section 1. Section 6605-b of the education law, as added by chapter
437 of the laws of 2001 and subdivision 1 as amended by chapter 198 of
the laws of 2022, is amended to read as follows:
§ 6605-b. Dental hygiene restricted local infiltration AND BLOCK
anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist
shall not administer or monitor nitrous oxide analgesia or local infil-
tration OR BLOCK anesthesia in the practice of dental hygiene without a
dental hygiene restricted local infiltration AND BLOCK
S. 3007 101 A. 3007
anesthesia/nitrous oxide analgesia certificate and except under the
personal supervision of a dentist and in accordance with regulations
promulgated by the commissioner. Personal supervision, for purposes of
this section, means that the supervising dentist remains in the dental
office where the local infiltration OR BLOCK anesthesia or nitrous oxide
analgesia services are being performed, personally authorizes and
prescribes the use of local infiltration OR BLOCK anesthesia or nitrous
oxide analgesia for the patient and, before dismissal of the patient,
personally examines the condition of the patient after the use of local
infiltration OR BLOCK anesthesia or nitrous oxide analgesia is
completed. It is professional misconduct for a dentist to fail to
provide the supervision required by this section, and any dentist found
guilty of such misconduct under the procedures prescribed in section
sixty-five hundred ten of this title shall be subject to the penalties
prescribed in section sixty-five hundred eleven of this title.
2. The commissioner shall promulgate regulations establishing stand-
ards and procedures for the issuance of such certificate. Such standards
shall require completion of an educational program and/or course of
training or experience sufficient to ensure that a dental hygienist is
specifically trained in the administration and monitoring of nitrous
oxide analgesia and local infiltration OR BLOCK anesthesia, the possible
effects of such use, and in the recognition of and response to possible
emergency situations.
3. The fee for a dental hygiene restricted local infiltration AND
BLOCK anesthesia/nitrous oxide analgesia certificate shall be twenty-
five dollars and shall be paid on a triennial basis upon renewal of such
certificate. A certificate may be suspended or revoked in the same
manner as a license to practice dental hygiene.
§ 2. Subdivision 1 of section 6606 of the education law, as amended by
chapter 239 of the laws of 2013, is amended to read as follows:
1. The practice of the profession of dental hygiene is defined as the
performance of dental services which shall include removing calcareous
deposits, accretions and stains from the exposed surfaces of the teeth
which begin at the epithelial attachment and applying topical agents
indicated for a complete dental prophylaxis, removing cement, placing or
removing rubber dam, removing sutures, placing matrix band, providing
patient education, applying topical medication, PLACING PRE-FIT ORTHO-
DONTIC BANDS, USING LIGHT-CURE COMPOSITE MATERIAL, TAKING CEPHALOMETRIC
RADIOGRAPHS, TAKING TWO-DIMENSIONAL AND THREE-DIMENSIONAL PHOTOGRAPHY OF
DENTITION, ADJUSTING REMOVABLE APPLIANCES INCLUDING NIGHTGUARDS, BLEACH-
ING TRAYS, RETAINERS AND DENTURES, placing and exposing diagnostic
dental X-ray films, performing topical fluoride applications and topical
anesthetic applications, polishing teeth, taking medical history, chart-
ing caries, taking impressions for study casts, placing and removing
temporary restorations, administering and monitoring nitrous oxide
analgesia and administering and monitoring local infiltration AND BLOCK
anesthesia, subject to certification in accordance with section sixty-
six hundred five-b of this article, and any other function in the defi-
nition of the practice of dentistry as may be delegated by a licensed
dentist in accordance with regulations promulgated by the commissioner.
The practice of dental hygiene may be conducted in the office of any
licensed dentist or in any appropriately equipped school or public
institution but must be done either under the supervision of a licensed
dentist or, in the case of a registered dental hygienist working for a
hospital as defined in article twenty-eight of the public health law[,]
OR pursuant to a collaborative arrangement with a licensed and regis-
S. 3007 102 A. 3007
tered dentist [who has a formal relationship with the same hospital]
PURSUANT TO SECTION SIXTY-SIX HUNDRED SEVEN-A OF THIS ARTICLE AND in
accordance with regulations promulgated by the department in consulta-
tion with the department of health. [Such collaborative arrangement
shall not obviate or supersede any law or regulation which requires
identified services to be performed under the personal supervision of a
dentist. When dental hygiene services are provided pursuant to a colla-
borative agreement, such dental hygienist shall instruct individuals to
visit a licensed dentist for comprehensive examination or treatment.]
§ 3. The education law is amended by adding a new section 6607-a to
read as follows:
§ 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
THE PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
ARTICLE, MAY BE PERFORMED IN COLLABORATION WITH A LICENSED DENTIST
PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABO-
RATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT,
DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE
SETTING.
2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS,
AND AGE-AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE
SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
OCCUR.
(B) THE COLLABORATIVE AGREEMENT SHALL BE:
(I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND
THE FACILITY, PROGRAM, OR ORGANIZATION;
(II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
IST; AND
(III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
UPON REQUEST.
(C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED
DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A
TIME.
3. BEFORE PERFORMING ANY SERVICES AUTHORIZED UNDER THIS SECTION, A
DENTAL HYGIENIST SHALL PROVIDE THE PATIENT WITH A WRITTEN STATEMENT
ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST AND INSTRUCT-
ING INDIVIDUALS TO VISIT A LICENSED DENTIST FOR COMPREHENSIVE EXAMINA-
TION OR TREATMENT. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE
PATIENT FOR FURTHER DENTAL PROCEDURES, THE DENTAL HYGIENIST MUST FILL
OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING
DENTIST.
4. THE COLLABORATIVE PRACTICE DENTAL HYGIENIST MAY ENTER INTO A
CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED
DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION
TO PERFORM DENTAL HYGIENE SERVICES IN THE FOLLOWING SETTINGS: DENTAL
OFFICES; LONG-TERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR
PRIVATE SCHOOLS; PUBLIC HEALTH AGENCIES/FEDERALLY QUALIFIED HEALTH
CENTERS; CORRECTIONAL FACILITIES; PUBLIC INSTITUTIONS/MENTAL HEALTH
FACILITIES; DRUG TREATMENT FACILITIES; AND DOMESTIC VIOLENCE SHELTERS.
S. 3007 103 A. 3007
5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT
MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON
A CASE-BY-CASE BASIS.
6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE DEPARTMENT TO PRAC-
TICE AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP)
AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE
PRACTICE, THE DENTAL HYGIENIST SHALL HAVE BEEN ENGAGED IN PRACTICE FOR
AT LEAST THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRAC-
TICE HOURS AND SHALL COMPLETE AN EIGHT HOUR CONTINUING EDUCATION PROGRAM
THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCEDURES, REVIEW OF
CLINICAL RECOMMENDATIONS AND STANDARDS FOR PROVIDING PREVENTIVE SERVICES
(FOR EXAMPLE SEALANTS AND FLUORIDE VARNISH) IN PUBLIC HEALTH SETTINGS,
RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART Y
Section 1. Section 2803 of the public health law is amended by adding
a new subdivision 15 to read as follows:
15. SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION AND
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR REGULATION
TO THE CONTRARY, THE COMMISSIONER MAY ALLOW GENERAL HOSPITALS TO PROVIDE
OFF-SITE ACUTE CARE MEDICAL SERVICES, THAT ARE:
(A) NOT HOME CARE SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER OR THE PROFESSIONAL SERVICES
ENUMERATED IN SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE A HOSPITAL FROM
OFFERING HOSPITAL SERVICES AS DEFINED IN SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
(B) PROVIDED BY A MEDICAL PROFESSIONAL, INCLUDING A PHYSICIAN, REGIS-
TERED NURSE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, TO A PATIENT
WITH A PREEXISTING CLINICAL RELATIONSHIP WITH THE GENERAL HOSPITAL, OR
WITH THE HEALTH CARE PROFESSIONAL PROVIDING THE SERVICE;
(C) PROVIDED TO A PATIENT FOR WHOM A MEDICAL PROFESSIONAL HAS DETER-
MINED IS APPROPRIATE TO RECEIVE ACUTE MEDICAL SERVICES AT THEIR RESI-
DENCE; AND
(D) CONSISTENT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, THE
GENERAL HOSPITAL HAS APPROPRIATE DISCHARGE PLANNING IN PLACE TO COORDI-
NATE DISCHARGE TO A HOME CARE AGENCY WHERE MEDICALLY NECESSARY AND
CONSENTED TO BY THE PATIENT AFTER THE PATIENT'S ACUTE CARE EPISODE ENDS.
(E) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE OFF-SITE SERVICES FROM
BEING PROVIDED IN ACCORDANCE WITH SUBDIVISION ELEVEN OF THIS SECTION AND
DEPARTMENT REGULATIONS.
(F) THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MEDICAL ASSISTANCE
PROGRAM RATES TO EFFECTUATE THIS SUBDIVISION. FOR THE PURPOSES OF THE
DEPARTMENT DETERMINING THE APPLICABLE RATES PURSUANT TO SUCH AUTHORITY,
ANY GENERAL HOSPITAL APPROVED PURSUANT TO THIS SUBDIVISION SHALL REPORT
TO THE DEPARTMENT, IN THE FORM AND FORMAT REQUIRED BY THE DEPARTMENT,
ITS ANNUAL OPERATING COSTS AND STATISTICS, SPECIFICALLY FOR SUCH OFF-
SITE ACUTE SERVICES. FAILURE TO TIMELY SUBMIT SUCH COST DATA TO THE
DEPARTMENT MAY RESULT IN REVOCATION OF AUTHORITY TO PARTICIPATE IN A
PROGRAM UNDER THIS SECTION DUE TO THE INABILITY TO ESTABLISH APPROPRIATE
REIMBURSEMENT RATES.
S. 3007 104 A. 3007
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART Z
Section 1. Section 4 of chapter 565 of the laws of 2022 amending the
state finance law relating to preferred source status for entities that
provide employment to certain persons, is amended to read as follows:
§ 4. This act shall take effect immediately; provided that [section
one of this act shall expire and be deemed repealed three years after
such effective date; and provided further that] this act shall not apply
to any contracts or requests for proposals issued by government entities
before such date.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority of
the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, as amended by section 1
of part Z of chapter 57 of the laws of 2024, is amended to read as
follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed March 31, 2025].
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the appointment of temporary
operators for the continued operation of programs and the provision of
services for persons with serious mental illness and/or developmental
disabilities and/or chemical dependence, as amended by section 1 of part
OO of chapter 57 of the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016[;
provided, however, that sections one and two of this act shall expire
and be deemed repealed on March 31, 2025].
§ 2. This act shall take effect immediately.
PART CC
Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of
the laws of 2013, amending the social services law and other laws relat-
ing to enacting the major components of legislation necessary to imple-
ment the health and mental hygiene budget for the 2013-2014 state fiscal
year, as amended by section 1 of part EE of chapter 57 of the laws of
2023, is amended to read as follows:
1-a. sections seventy-three through eighty-a shall expire and be
deemed repealed December 31, [2025] 2027;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART DD
S. 3007 105 A. 3007
Section 1. Subdivision (a) of section 22.11 of the mental hygiene law,
as added by chapter 558 of the laws of 1999, is amended to read as
follows:
(a) For the purposes of this section, the word "minor" shall mean a
person under eighteen years of age, but does not include a person who is
the parent of a child or has married or who is emancipated, OR IS A
HOMELESS YOUTH, AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, OR RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS
YOUTH CRISIS SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAM AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW.
§ 2. Paragraph 1 of subdivision (a) of section 33.21 of the mental
hygiene law, as amended by chapter 461 of the laws of 1994, is amended
to read as follows:
(1) "minor" shall mean a person under eighteen years of age, but shall
not include a person who is the parent of a child, emancipated, has
married or is on voluntary status on [his or her] THEIR own application
pursuant to section 9.13 of this chapter, OR IS A HOMELESS YOUTH, AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, OR
RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS YOUTH CRISIS
SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW;
§ 3. Subdivision 1 of section 2504 of the public health law, as
amended by chapter 107 of the laws of 2023, is amended to read as
follows:
1. Any person who is eighteen years of age or older, or is the parent
of a child or has married, or is a homeless youth as defined in section
five hundred thirty-two-a of the executive law, or receives services at
an approved runaway and homeless youth crisis services program or a
transitional independent living support program as defined in section
five hundred thirty-two-a of the executive law, may give effective
consent for medical, dental, health and hospital services, INCLUDING
BEHAVIORAL HEALTH SERVICES, for themself, and the consent of no other
person shall be necessary.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART EE
Section 1. The second and third undesignated paragraphs of section
9.01 of the mental hygiene law, as amended by chapter 723 of the laws of
1989, are amended to read as follows:
"in need of involuntary care and treatment" means that a person has a
mental illness for which care and treatment as a patient in a hospital
is essential to such person's welfare and whose judgment is so impaired
that [he] THE PERSON is unable to understand the need for such care and
treatment.
"likelihood to result in serious harm" or "likely to result in serious
harm" means (a) a substantial risk of physical harm to the person as
manifested by threats of or attempts at suicide or serious bodily harm
or other conduct demonstrating that the person is dangerous to [himself
or herself] THEMSELF, or (b) a substantial risk of physical harm to
other persons as manifested by homicidal or other violent behavior by
which others are placed in reasonable fear of serious physical harm, OR
(C) A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABILI-
TY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR THEIR
S. 3007 106 A. 3007
OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY, OR
SHELTER.
§ 2. The mental hygiene law is amended by adding a new section 9.04 to
read as follows:
§ 9.04 CLINICAL DETERMINATION OF LIKELIHOOD TO RESULT IN SERIOUS HARM.
IN MAKING A CLINICAL DETERMINATION OF WHETHER A PERSON'S MENTAL
ILLNESS IS LIKELY TO RESULT IN SERIOUS HARM TO SELF OR OTHERS, THE EVAL-
UATING CLINICIAN SHALL REVIEW:
1. MEDICAL RECORDS AVAILABLE TO THE EVALUATING CLINICIAN;
2. ALL CREDIBLE REPORTS OF THE PERSON'S RECENT BEHAVIOR;
3. ANY CREDIBLE, KNOWN INFORMATION RELATED TO THE PERSON'S MEDICAL AND
BEHAVIORAL HISTORY; AND
4. ANY OTHER AVAILABLE RELEVANT INFORMATION.
§ 3. Subdivisions (a), (d), (e), and (i) of section 9.27 of the mental
hygiene law, as renumbered by chapter 978 of the laws of 1977 and subdi-
vision (i) as amended by chapter 847 of the laws of 1987, are amended to
read as follows:
(a) The director of a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon the [certificate] CERTIFICATES of two examining
physicians, OR UPON THE CERTIFICATES OF AN EXAMINING PHYSICIAN AND A
PSYCHIATRIC NURSE PRACTITIONER. SUCH CERTIFICATES SHALL BE accompanied
by an application for the admission of such person. The examination may
be conducted jointly but each [examining physician] CERTIFYING PRACTI-
TIONER shall execute a separate certificate.
(d) Before an examining physician OR PSYCHIATRIC NURSE PRACTITIONER
completes the certificate of examination of a person for involuntary
care and treatment, [he] THEY shall consider alternative forms of care
and treatment that might be adequate to provide for the person's needs
without requiring involuntary hospitalization. If the examining physi-
cian OR PSYCHIATRIC NURSE PRACTITIONER knows that the person [he is]
THEY ARE examining for involuntary care and treatment has been under
prior treatment, [he] THEY shall, insofar as possible, consult with the
physician or psychologist furnishing such prior treatment prior to
completing [his] THEIR certificate. Nothing in this section shall
prohibit or invalidate any involuntary admission made in accordance with
the provisions of this chapter.
(e) The director of the hospital where such person is brought shall
cause such person to be examined forthwith by a physician who shall be a
member of the psychiatric staff of such hospital other than the original
examining physicians OR PSYCHIATRIC NURSE PRACTITIONER whose certificate
or certificates accompanied the application and, if such person is found
to be in need of involuntary care and treatment, [he] THEY may be admit-
ted thereto as a patient as herein provided.
(i) After an application for the admission of a person has been
completed and both [physicians] CERTIFYING PRACTITIONERS have examined
such person and separately certified that [he or she] SUCH PERSON is
mentally ill and in need of involuntary care and treatment in a hospi-
tal, either [physician] CERTIFYING PRACTITIONER is authorized to request
peace officers, when acting pursuant to their special duties, or police
officers, who are members of an authorized police department or force or
of a sheriff's department, to take into custody and transport such
person to a hospital for determination by the director whether such
person qualifies for admission pursuant to this section. Upon the
request of either [physician] CERTIFYING PRACTITIONER, an ambulance
service, as defined by subdivision two of section three thousand one of
S. 3007 107 A. 3007
the public health law, is authorized to transport such person to a
hospital for determination by the director whether such person qualifies
for admission pursuant to this section.
§ 4. Subsection (a) of section 9.37 of the mental hygiene law, as
renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
(a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by [him]
THEM, may receive and care for in such hospital as a patient any person
who, in the opinion of the director of community services or [his] THEIR
designee, has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and which is likely to result in
serious harm to [himself] THEMSELF or others; "likelihood of serious
harm" shall mean:
1. substantial risk of physical harm to [himself] THEMSELF as mani-
fested by threats of or attempts at suicide or serious bodily harm or
other conduct demonstrating that [he is] THEY ARE dangerous to [himself]
THEMSELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear or serious physical harm[.]; OR
3. A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABIL-
ITY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR
THEIR OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY,
OR SHELTER.
The need for immediate hospitalization shall be confirmed by a staff
physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is
to be retained for care and treatment beyond such time and [he does]
THEY DO not agree to remain in such hospital as a voluntary patient, the
certificate of another examining physician who is a member of the
psychiatric staff of the hospital that the patient is in need of invol-
untary care and treatment shall be filed with the hospital. From the
time of [his] THEIR admission under this section the retention of such
patient for care and treatment shall be subject to the provisions for
notice, hearing, review, and judicial approval of continued retention or
transfer and continued retention provided by this article for the admis-
sion and retention of involuntary patients, provided that, for the
purposes of such provisions, the date of admission of the patient shall
be deemed to be the date when the patient was first received in the
hospital under this section.
§ 5. Subsection (a) of section 9.39 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(a) The director of any hospital maintaining adequate staff and facil-
ities for the observation, examination, care, and treatment of persons
alleged to be mentally ill and approved by the commissioner to receive
and retain patients pursuant to this section may receive and retain
therein as a patient for a period of fifteen days any person alleged to
have a mental illness for which immediate observation, care, and treat-
ment in a hospital is appropriate and which is likely to result in seri-
ous harm to [himself] THEMSELF or others. "Likelihood to result in seri-
ous harm" as used in this article shall mean:
1. substantial risk of physical harm to [himself] THEMSELF as mani-
fested by threats of or attempts at suicide or serious bodily harm or
S. 3007 108 A. 3007
other conduct demonstrating that [he is] THEY ARE dangerous to [himself]
THEMSELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm[.], OR
3. A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABIL-
ITY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR
THEIR OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY,
OR SHELTER.
§ 6. Subdivision (a) of section 9.45 of the mental hygiene law, as
amended by section 6 of part AA of chapter 57 of the laws of 2021, is
amended to read as follows:
(a) The director of community services or the director's designee
shall have the power to direct the removal of any person, within [his or
her] THEIR jurisdiction, to a hospital approved by the commissioner
pursuant to subdivision (a) of section 9.39 of this article, or to a
comprehensive psychiatric emergency program pursuant to subdivision (a)
of section 9.40 of this article, if the parent, adult sibling, spouse
[or], DOMESTIC PARTNER AS DEFINED IN SECTION TWENTY-NINE HUNDRED NINE-
TY-FOUR-A OF THE PUBLIC HEALTH LAW, child of the person, COHABITANT OF
THE PERSON'S RESIDENTIAL UNIT, the committee or legal guardian of the
person, a licensed psychologist, registered professional nurse or certi-
fied social worker currently responsible for providing treatment
services to the person, a supportive or intensive case manager currently
assigned to the person by a case management program which program is
approved by the office of mental health for the purpose of reporting
under this section, a licensed physician, health officer, peace officer
or police officer reports to [him or her] THE DIRECTOR OF COMMUNITY
SERVICES OR THE DIRECTOR'S DESIGNEE that such person has a mental
illness for which immediate care and treatment is appropriate and
[which] THAT is likely to result in serious harm to [himself or herself]
SELF or others. It shall be the duty of peace officers, when acting
pursuant to their special duties, or police officers[,] who are members
of an authorized police department, or force or of a sheriff's depart-
ment to assist representatives of such director to take into custody and
transport any such person. Upon the request of a director of community
services or the director's designee, an ambulance service, as defined in
subdivision two of section three thousand one of the public health law,
is authorized to transport any such person. Such person may then be
retained in a hospital pursuant to the provisions of section 9.39 of
this article or in a comprehensive psychiatric emergency program pursu-
ant to the provisions of section 9.40 of this article.
§ 7. Subparagraph (iii) of paragraph 4 and paragraph 7 of subdivision
(c), subparagraph (ii) of paragraph 1 of subdivision (e), paragraph 2 of
subdivision (h), and paragraph 3 of subdivision (i) of section 9.60 of
the mental hygiene law, as amended by chapter 158 of the laws of 2005,
and subparagraph (iii) of paragraph 4 of subdivision (c) and paragraph 2
of subdivision (h) as amended by section 2 of subpart H of part UU of
chapter 56 of the laws of 2022, are amended to read as follows:
(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,
resulted in the issuance of a court order for assisted outpatient treat-
ment [which] THAT has expired within the last six months, and since the
expiration of the order[,]; (A) the person has experienced a substantial
increase in symptoms of mental illness [and such symptoms] THAT substan-
tially interferes with or limits [one or more major life activities as
determined by a director of community services who previously was
S. 3007 109 A. 3007
required to coordinate and monitor the care of any individual who was
subject to such expired assisted outpatient treatment order. The appli-
cable director of community services or their designee shall arrange for
the individual to be evaluated by a physician. If the physician deter-
mines court ordered services are clinically necessary and the least
restrictive option, the director of community services may initiate a
court proceeding.] THE PERSON'S ABILITY TO MAINTAIN THEIR HEALTH OR
SAFETY; OR (B) THE PERSON, DUE TO A LACK OF COMPLIANCE WITH RECOMMENDED
TREATMENT, HAS RECEIVED EMERGENCY TREATMENT OR INPATIENT CARE OR HAS
BEEN INCARCERATED;
(7) is likely to benefit from assisted outpatient treatment. PREVIOUS
NON-COMPLIANCE WITH COURT OVERSIGHT OR MANDATED TREATMENT SHALL NOT
PRECLUDE A FINDING THAT THE PERSON IS LIKELY TO BENEFIT FROM ASSISTED
OUTPATIENT TREATMENT.
(ii) the parent, spouse, DOMESTIC PARTNER, sibling eighteen years of
age or older, or child eighteen years of age or older of the subject of
the petition; or
(2) The court shall not order assisted outpatient treatment unless an
examining physician, who recommends assisted outpatient treatment and
has personally examined the subject of the petition no more than ten
days before the filing of the petition, testifies in person or by video-
conference at the hearing. [Provided however, a physician shall only be
authorized to testify by video conference when it has been: (i) shown
that diligent efforts have been made to attend such hearing in person
and the subject of the petition consents to the physician testifying by
video conference; or (ii) the court orders the physician to testify by
video conference upon a finding of good cause.] Such physician shall
state the facts and clinical determinations which support the allegation
that the subject of the petition meets each of the criteria for assisted
outpatient treatment.
(3) The court shall not order assisted outpatient treatment unless a
physician appearing on behalf of a director testifies IN PERSON OR BY
VIDEO CONFERENCE to explain the written proposed treatment plan. Such
physician shall state the categories of assisted outpatient treatment
recommended, the rationale for each such category, facts which establish
that such treatment is the least restrictive alternative, and, if the
recommended assisted outpatient treatment plan includes medication, such
physician shall state the types or classes of medication recommended,
the beneficial and detrimental physical and mental effects of such medi-
cation, and whether such medication should be self-administered or
administered by an authorized professional. If the subject of the peti-
tion has executed a health care proxy, such physician shall state the
consideration given to any directions included in such proxy in develop-
ing the written treatment plan. If a director is the petitioner, testi-
mony pursuant to this paragraph shall be given at the hearing on the
petition. If a person other than a director is the petitioner, such
testimony shall be given on the date set by the court pursuant to para-
graph three of subdivision (j) of this section.
§ 8. The mental hygiene law is amended by adding a new section 9.64 to
read as follows:
§ 9.64 NOTICE OF ADMISSION DETERMINATION TO COMMUNITY PROVIDER.
UPON AN ADMISSION TO A HOSPITAL OR RECEIVED AS A PATIENT IN A COMPRE-
HENSIVE PSYCHIATRIC EMERGENCY PROGRAM PURSUANT TO THE PROVISIONS OF THIS
ARTICLE, THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM SHALL ENSURE THAT
REASONABLE EFFORTS ARE MADE TO IDENTIFY AND PROMPTLY NOTIFY OF SUCH
S. 3007 110 A. 3007
DETERMINATION ANY COMMUNITY PROVIDER OF MENTAL HEALTH SERVICES THAT
MAINTAINS SUCH PERSON ON ITS CASELOAD.
§ 9. Subdivision (f) of section 29.15 of the mental hygiene law, as
amended by chapter 135 of the laws of 1993, is amended to read as
follows:
(f) The discharge or conditional release of all clients at develop-
mental centers, patients at psychiatric centers or patients at psychiat-
ric inpatient services subject to licensure by the office of mental
health shall be in accordance with a written service plan prepared by
staff familiar with the case history of the client or patient to be
discharged or conditionally released and in cooperation with appropriate
social services officials and directors of local governmental units. In
causing such plan to be prepared, the director of the facility shall
take steps to assure that the following persons are interviewed,
provided an opportunity to actively participate in the development of
such plan and advised of whatever services might be available to the
patient through the mental hygiene legal service: the patient to be
discharged or conditionally released; A REPRESENTATIVE OF A COMMUNITY
PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF CASE MANAGE-
MENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; an authorized
representative of the patient, to include the parent or parents if the
patient is a minor, unless such minor sixteen years of age or older
objects to the participation of the parent or parents and there has been
a clinical determination by a physician that the involvement of the
parent or parents is not clinically appropriate and such determination
is documented in the clinical record and there is no plan to discharge
or release the minor to the home of such parent or parents; and upon the
request of the patient sixteen years of age or older, [a significant] AN
individual SIGNIFICANT to the patient including any relative, close
friend or individual otherwise concerned with the welfare of the
patient, other than an employee of the facility.
§ 10. This act shall take effect ninety days after it shall have
become a law; provided, however, section four of this act shall take
effect on the same date as the reversion of subsection (a) of section
9.37 of the mental hygiene law as provided in section 21 of chapter 723
of the laws of 1989, as amended; provided further, however, the amend-
ments to section 9.45 of the mental hygiene law made by section six of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith; and provided further, however, the amendments to
section 9.60 of the mental hygiene law made by section seven of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.
PART FF
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, and the state office
for the aging (hereinafter "the commissioners") shall establish a state
fiscal year 2025-2026 targeted inflationary increase, effective April 1,
2025, for projecting for the effects of inflation upon rates of
payments, contracts, or any other form of reimbursement for the programs
and services listed in subdivision four of this section. The targeted
inflationary increase established herein shall be applied to the appro-
S. 3007 111 A. 3007
priate portion of reimbursable costs or contract amounts. Where appro-
priate, transfers to the department of health (DOH) shall be made as
reimbursement for the state and/or local share of medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefor, for the period of April 1, 2025 through March 31, 2026, the
commissioners shall provide funding to support a two and one-tenth
percent (2.1%) targeted inflationary increase under this section for all
eligible programs and services as determined pursuant to subdivision
four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 2.1 percent targeted inflationary
increase established herein shall be inclusive of all other inflationary
increases, cost of living type increases, inflation factors, or trend
factors that are newly applied effective April 1, 2025. Except for the
2.1 percent targeted inflationary increase established herein, for the
period commencing on April 1, 2025 and ending March 31, 2026 the commis-
sioners shall not apply any other new targeted inflationary increases or
cost of living adjustments for the purpose of establishing rates of
payments, contracts or any other form of reimbursement. The phrase "all
other inflationary increases, cost of living type increases, inflation
factors, or trend factors" as defined in this subdivision shall not
include payments made pursuant to the American Rescue Plan Act or other
federal relief programs related to the Coronavirus Disease 2019 (COVID-
19) pandemic public health emergency. This subdivision shall not
prevent the office of children and family services from applying addi-
tional trend factors or staff retention factors to eligible programs and
services under paragraph (v) of subdivision four of this section.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic (mental health
outpatient treatment and rehabilitative services programs), continuing
day treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; supported single room occupancy; supported
housing programs/services excluding rent; treatment congregate;
supported congregate; community residence - children and youth;
treatment/apartment; supported apartment; community residence single
room occupancy; on-site rehabilitation; employment programs; recreation;
respite care; transportation; psychosocial club; assertive community
treatment; case management; care coordination, including health home
plus services; local government unit administration; monitoring and
evaluation; children and youth vocational services; single point of
access; school-based mental health program; family support children and
youth; advocacy/support services; drop in centers; recovery centers;
transition management services; bridger; home and community based waiver
services; behavioral health waiver services authorized pursuant to the
section 1115 MRT waiver; self-help programs; consumer service dollars;
conference of local mental hygiene directors; multicultural initiative;
ongoing integrated supported employment services; supported education;
mentally ill/chemical abuse (MICA) network; personalized recovery
S. 3007 112 A. 3007
oriented services; children and family treatment and support services;
residential treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
health family treatment and support; coordinated children's service
initiative; homeless services; and promise zones.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; community transi-
tion services; family education and training; fiscal intermediary;
support broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: medically supervised withdrawal
services - residential; medically supervised withdrawal services -
outpatient; medically managed detoxification; inpatient rehabilitation
services; outpatient opioid treatment; residential opioid treatment;
residential opioid treatment to abstinence; problem gambling treatment;
medically supervised outpatient; outpatient rehabilitation; specialized
services substance abuse programs; home and community based waiver
services pursuant to subdivision 9 of section 366 of the social services
law; children and family treatment and support services; continuum of
care rental assistance case management; NY/NY III post-treatment hous-
ing; NY/NY III housing for persons at risk for homelessness; permanent
supported housing; youth clubhouse; recovery community centers; recovery
community organizing initiative; residential rehabilitation services for
youth (RRSY); intensive residential; community residential; supportive
living; residential services; job placement initiative; case management;
family support navigator; local government unit administration; peer
engagement; vocational rehabilitation; HIV early intervention services;
dual diagnosis coordinator; problem gambling resource centers; problem
gambling prevention; prevention resource centers; primary prevention
services; other prevention services; comprehensive outpatient clinic;
jail-based supports; and regional addiction resource centers.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: the nutrition outreach and education
program (NOEP).
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the targeted infla-
tionary increase established herein, pending federal approval where
applicable, include: programs for which the office of children and fami-
ly services establishes maximum state aid rates pursuant to section
S. 3007 113 A. 3007
398-a of the social services law and section 4003 of the education law;
emergency foster homes; foster family boarding homes and therapeutic
foster homes; supervised settings as defined by subdivision twenty-two
of section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law; and
congregate and scattered supportive housing programs and supportive
services provided under the NY/NY III supportive housing agreement to
young adults leaving or having recently left foster care.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the targeted inflationary
increase established herein, pending federal approval where applicable,
include: community services for the elderly; expanded in-home services
for the elderly; and the wellness in nutrition program.
5. Each local government unit or direct contract provider receiving
funding for the targeted inflationary increase established herein shall
submit a written certification, in such form and at such time as each
commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of support staff,
direct care staff, clinical staff, non-executive administrative staff,
or respond to other critical non-personal service costs prior to
supporting any salary increases or other compensation for executive
level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners shall be authorized to recoup funding from a local
governmental unit or direct contract provider for the targeted infla-
tionary increase established herein determined to have been used in a
manner inconsistent with the appropriation, or any other provision of
this section. Such agency commissioners shall be authorized to employ
any legal mechanism to recoup such funds, including an offset of other
funds that are owed to such local governmental unit or direct contract
provider.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through FF of this act shall be
as specifically set forth in the last section of such Parts.
2025-S3007A - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3007A - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; repeals the state Medicaid spending cap and related processes (Part A); extends the effectiveness of various provisions relating to social services and healthcare and determines which contracts shall expire September 30, 2025 until September 30, 2026 (Part B); relates to supplemental hospital payments (Part D)
2025-S3007A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3007--A A. 3007--A
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend part H of chapter 59 of the laws of 2011, amending the
public health law and other laws relating to general hospital
reimbursement for annual rates, in relation to known and projected
department of health state fund medicaid expenditures (Part A); to
amend part B of chapter 57 of the laws of 2015, amending the social
services law and other laws relating to supplemental rebates, in
relation to extending the expiration thereof; to amend chapter 942 of
the laws of 1983 and chapter 541 of the laws of 1984 relating to
foster family care demonstration programs, in relation to extending
the expirations thereof; to amend chapter 256 of the laws of 1985,
amending the social services law and other laws relating to foster
family care demonstration programs, in relation to extending the expi-
ration thereof; to amend the social services law, in relation to
extending provisions relating to health and mental hygiene; to amend
part C of chapter 58 of the laws of 2009, amending the public health
law relating to payment by governmental agencies for general hospital
inpatient services, in relation to the effectiveness thereof; to amend
chapter 474 of the laws of 1996, amending the education law and other
laws relating to rates for residential healthcare facilities, in
relation to the effectiveness thereof; to amend section 2 of chapter
137 of the laws of 2023, amending the public health law relating to
establishing a community-based paramedicine demonstration program, in
relation to extending the effectiveness thereof; to amend chapter 81
of the laws of 1995, amending the public health law and other laws
relating to medical reimbursement and welfare reform, in relation to
extending the effectiveness of certain provisions thereof; to amend
part FFF of chapter 59 of the laws of 2018, amending the public health
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-02-5
S. 3007--A 2 A. 3007--A
law relating to authorizing the commissioner of health to redeploy
excess reserves of certain not-for-profit managed care organizations,
in relation to the effectiveness thereof; to amend chapter 451 of the
laws of 2007, amending the public health law, the social services law
and the insurance law relating to providing enhanced consumer and
provider protections, in relation to the effectiveness of certain
provisions relating to contracts between plans, insurers, or corpo-
rations and hospitals; to amend the public health law, in relation to
reimbursement rate promulgation for residential health care facili-
ties, and in relation to certified home health agency services
payments; to amend part C of chapter 60 of the laws of 2014, amending
the social services law relating to fair hearings within the Fully
Integrated Duals Advantage program, in relation to the effectiveness
thereof; to amend chapter 884 of the laws of 1990, amending the public
health law relating to authorizing bad debt and charity care allow-
ances for certified home health agencies, in relation to extending the
provisions thereof; to amend chapter 81 of the laws of 1995, amending
the public health law and other laws relating to medical reimbursement
and welfare reform, in relation to the effectiveness of certain
provisions thereof; to amend part A of chapter 56 of the laws of 2013,
amending chapter 59 of the laws of 2011 amending the public health law
and other laws relating to general hospital reimbursement for annual
rates, in relation to extending government rates for behavioral
services; to amend the public health law, in relation to gross
receipts for general hospital assessments; to amend part MM of chapter
57 of the laws of 2021 amending the public health law relating to
aiding in the transition to adulthood for children with medical
fragility living in pediatric nursing homes and other settings, in
relation to the effectiveness thereof; to amend chapter 633 of the
laws of 2006, amending the public health law relating to the home
based primary care for the elderly demonstration project, in relation
to the effectiveness thereof; to amend chapter 19 of the laws of 1998,
amending the social services law relating to limiting the method of
payment for prescription drugs under the medical assistance program,
in relation to the effectiveness thereof; to amend part BBB of chapter
56 of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program
eligibility from two hundred to two hundred fifty percent, in relation
to extending certain provisions related to providing long-term
services and supports under the essential plan; to amend the social
services law, in relation to which contracts stay in force after
September 30, 2025; and to amend part MM of chapter 56 of the laws of
2020 directing the department of health to establish or procure the
services of an independent panel of clinical professionals and to
develop and implement a uniform task-based assessment tool, in
relation to which contracts stay in force after September 30, 2025
(Part B); to amend the public health law, in relation to prescriber
prevails; and to repeal certain provisions of the social services law
relating to coverage for certain prescription drugs (Part C); to amend
the public health law, in relation to reducing the hospital capital
rate add-on (Part D); to amend the financial services law, in relation
to excluding managed care plans from the independent resolution proc-
ess; and to amend the social services law, in relation to shifting
long-term nursing home stays from managed care to fee for service, and
S. 3007--A 3 A. 3007--A
authorizing penalties for managed care plans that do not meet contrac-
tual obligations (Part E); to amend the public health law, in relation
to establishing a tax on managed care providers; to amend the state
finance law, in relation to the healthcare stability fund; and to
amend part I of chapter 57 of the laws of 2022 providing a one percent
across the board payment increase to all qualifying fee-for-service
Medicaid rates, in relation to certain Medicaid payments made for
certain medical services (Part F); to amend chapter 266 of the laws of
1986 amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, in relation to insur-
ance coverage paid for by funds from the hospital excess liability
pool and extending the effectiveness of certain provisions thereof; to
amend part J of chapter 63 of the laws of 2001 amending chapter 266 of
the laws of 1986 amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, in
relation to extending certain provisions concerning the hospital
excess liability pool; and to amend part H of chapter 57 of the laws
of 2017 amending the New York Health Care Reform Act of 1996 and other
laws relating to extending certain provisions relating thereto, in
relation to extending provisions relating to excess coverage (Part G);
to repeal section 461-s of the social services law relating to enhanc-
ing the quality of adult living; to repeal paragraph (c) of subdivi-
sion 1 of section 461-b of the social services law, relating to
enriched housing programs; to amend the public health law and the
state finance law, in relation to the discontinuation of the empire
clinical research investigator program; and to repeal article 27-H of
the public health law relating to the tick-borne disease institute
(Part H); to amend the public health law, in relation to eliminating
the fees paid by funeral directors for permits for burials and
removals which are used to support the electronic death registration
system; and to repeal certain provisions of such law relating thereto
(Part I); to amend the public health law, in relation to the due date
for awards applied for under the statewide health care facility trans-
formation III program (Part J); to amend the public health law, in
relation to appointing a temporary operator for general hospitals,
diagnostic and treatment centers, and adult care facilities (Part K);
to amend the public health law, in relation to removing the require-
ment that consent for the payment of certain medical services must
occur after such services are administered (Part L); to amend the
public health law, in relation to requiring general hospitals to
report community benefit spending (Part M); to amend the public health
law, in relation to expanding the purposes of the spinal cord injury
research board (Part N); to amend the public health law, in relation
to updating controlled substance schedules to conform with those of
the federal drug enforcement administration and updating the term
"addict" to "person with a substance use disorder" (Part O); to amend
the public health law, in relation to emergency medical treatment
protocols for maternity patients; and to amend the education law, in
relation to labeling of abortion medications (Part P); to amend the
social services law and the public health law, in relation to estab-
lishing increased coverage of care as well as availability of care for
infertility treatments; and to repeal section 4 of part K of chapter
82 of the laws of 2002 amending the insurance law and the public
health law relating to coverage for the diagnosis and treatment of
infertility, relating to the establishment of a program to provide
grants to health care providers for improving access to infertility
S. 3007--A 4 A. 3007--A
services (Part Q); to amend the public health law and the general
municipal law, in relation to requiring the development of a statewide
comprehensive emergency medical system plan and county EMS plans, and
declaring EMS an essential service (Part R); to amend the public
health law, in relation to strengthening material transactions report-
ing requirements (Part S); to amend the public health law, in relation
to requiring hospitals to maintain sexual assault forensic examiners
at their facilities (Part T); to amend the public health law, in
relation to eliminating administrative barriers to, and offset actual
costs of, timely fulfillment of vital records requests; and to repeal
certain provisions of such law relating thereto (Part U); to amend the
education law and the public health law, in relation to the scope of
practice of certified nurse aides; and providing for the repeal of
such provisions upon the expiration thereof (Subpart A); to amend the
education law and the public health law, in relation to the scope and
practice of medical assistants (Subpart B); to amend the education
law, in relation to the administration of certain immunizations by
pharmacists and pharmacy technicians (Subpart C); to amend the educa-
tion law, in relation to authorizing a licensed pharmacist to
prescribe and order medications to treat nicotine dependence for smok-
ing cessation (Subpart D); to repeal certain articles of the education
law governing certain healthcare professions and adding such laws to
the public health law and transferring all functions, powers, duties,
obligations and appropriations relating thereto (Subpart E); and to
amend the education law and the public health law, in relation to
physician assistants (Subpart F) (Part V); to amend the education law,
in relation to enacting the nurse licensure compact (Part W); to amend
the education law, in relation to the scope of practice of dental
hygienists (Part X); to amend the public health law, in relation to
extending hospital services outside the facility and into patients'
residences (Part Y); to amend chapter 565 of the laws of 2022 amending
the state finance law relating to preferred source status for entities
that provide employment to certain persons, in relation to the effec-
tiveness thereof (Part Z); to amend part NN of chapter 58 of the laws
of 2015, amending the mental hygiene law relating to clarifying the
authority of the commissioners in the department of mental hygiene to
design and implement time-limited demonstration programs, in relation
to the effectiveness thereof (Part AA); to amend part L of chapter 59
of the laws of 2016, amending the mental hygiene law relating to the
appointment of temporary operators for the continued operation of
programs and the provision of services for persons with serious mental
illness and/or developmental disabilities and/or chemical depend-
ence, in relation to the effectiveness thereof (Part BB); to amend
part A of chapter 56 of the laws of 2013, amending the social services
law and other laws relating to enacting the major components of legis-
lation necessary to implement the health and mental hygiene budget for
the 2013-2014 state fiscal year, in relation to the effectiveness of
certain provisions thereof (Part CC); to amend the mental hygiene law
and the public health law, in relation to adding homeless youth to the
definition of minors for the purpose of consent for certain treatment
(Part DD); to amend the mental hygiene law, in relation to involuntary
admission and assisted outpatient treatment (Part EE); and in relation
to establishing a targeted inflationary increase for designated
programs (Part FF)
S. 3007--A 5 A. 3007--A
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state health and mental hygiene budget for
the 2025-2026 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through FF. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
PART A
Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of
chapter 59 of the laws of 2011, amending the public health law and other
laws relating to general hospital reimbursement for annual rates, as
amended by section 1 of part A of chapter 57 of the laws of 2024, is
amended to read as follows:
(a) For state fiscal years 2011-12 through [2025-26] 2026-27, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a quarterly basis, as reflected in quarterly reports pursuant to
subdivision five of this section known and projected department of
health state funds medicaid expenditures by category of service and by
geographic regions, as defined by the commissioner.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART B
Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of
the laws of 2015, amending the social services law and other laws relat-
ing to supplemental rebates, as amended by section 10 of part BB of
chapter 56 of the laws of 2020, is amended to read as follows:
1-a. section fifty-two of this act shall expire and be deemed repealed
March 31, [2025] 2030;
§ 2. Section 3 of chapter 942 of the laws of 1983, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire December
31, [2025] 2027.
§ 3. Section 3 of chapter 541 of the laws of 1984, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This section and subdivision two of section two of this act shall
take effect immediately and the remaining provisions of this act shall
take effect on the one hundred twentieth day next thereafter. This act
shall expire December 31, [2025] 2027.
§ 4. Section 6 of chapter 256 of the laws of 1985, amending the social
services law and other laws relating to foster family care demonstration
programs, as amended by chapter 264 of the laws of 2021, is amended to
read as follows:
S. 3007--A 6 A. 3007--A
§ 6. This act shall take effect immediately and shall expire December
31, [2025] 2027 and upon such date the provisions of this act shall be
deemed to be repealed.
§ 5. The opening paragraph of paragraph (m) of subdivision 3 of
section 461-l of the social services law, as amended by section 1 of
part CC of chapter 57 of the laws of 2022, is amended to read as
follows:
Beginning April first, two thousand [twenty-five] TWENTY-SIX, addi-
tional assisted living program beds shall be approved on a case by case
basis whenever the commissioner of health is satisfied that public need
exists at the time and place and under circumstances proposed by the
applicant.
§ 6. Subdivision (f) of section 129 of part C of chapter 58 of the
laws of 2009, amending the public health law relating to payment by
governmental agencies for general hospital inpatient services, as
amended by section 2 of part CC of chapter 57 of the laws of 2022, is
amended to read as follows:
(f) section twenty-five of this act shall expire and be deemed
repealed April 1, [2025] 2028;
§ 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of
the laws of 1996, amending the education law and other laws relating to
rates for residential healthcare facilities, as amended by section 4 of
part CC of chapter 57 of the laws of 2022, is amended to read as
follows:
(a) Notwithstanding any inconsistent provision of law or regulation to
the contrary, effective beginning August 1, 1996, for the period April
1, 1997 through March 31, 1998, April 1, 1998 for the period April 1,
1998 through March 31, 1999, August 1, 1999, for the period April 1,
1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
through March 31, 2001, April 1, 2001, for the period April 1, 2001
through March 31, 2002, April 1, 2002, for the period April 1, 2002
through March 31, 2003, and for the state fiscal year beginning April 1,
2005 through March 31, 2006, and for the state fiscal year beginning
April 1, 2006 through March 31, 2007, and for the state fiscal year
beginning April 1, 2007 through March 31, 2008, and for the state fiscal
year beginning April 1, 2008 through March 31, 2009, and for the state
fiscal year beginning April 1, 2009 through March 31, 2010, and for the
state fiscal year beginning April 1, 2010 through March 31, 2016, and
for the state fiscal year beginning April 1, 2016 through March 31,
2019, and for the state fiscal year beginning April 1, 2019 through
March 31, 2022, and for the state fiscal year beginning April 1, 2022
through March 31, 2025, AND FOR THE STATE FISCAL YEAR BEGINNING APRIL 1,
2025 THROUGH MARCH 31, 2028, the department of health is authorized to
pay public general hospitals, as defined in subdivision 10 of section
2801 of the public health law, operated by the state of New York or by
the state university of New York or by a county, which shall not include
a city with a population of over one million, of the state of New York,
and those public general hospitals located in the county of Westchester,
the county of Erie or the county of Nassau, additional payments for
inpatient hospital services as medical assistance payments pursuant to
title 11 of article 5 of the social services law for patients eligible
for federal financial participation under title XIX of the federal
social security act in medical assistance pursuant to the federal laws
and regulations governing disproportionate share payments to hospitals
up to one hundred percent of each such public general hospital's medical
assistance and uninsured patient losses after all other medical assist-
S. 3007--A 7 A. 3007--A
ance, including disproportionate share payments to such public general
hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on
reported 1994 reconciled data as further reconciled to actual reported
1996 reconciled data, and for 1997 based initially on reported 1995
reconciled data as further reconciled to actual reported 1997 reconciled
data, for 1998 based initially on reported 1995 reconciled data as
further reconciled to actual reported 1998 reconciled data, for 1999
based initially on reported 1995 reconciled data as further reconciled
to actual reported 1999 reconciled data, for 2000 based initially on
reported 1995 reconciled data as further reconciled to actual reported
2000 data, for 2001 based initially on reported 1995 reconciled data as
further reconciled to actual reported 2001 data, for 2002 based initial-
ly on reported 2000 reconciled data as further reconciled to actual
reported 2002 data, and for state fiscal years beginning on April 1,
2005, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2005, and for state fiscal years
beginning on April 1, 2006, based initially on reported 2000 reconciled
data as further reconciled to actual reported data for 2006, for state
fiscal years beginning on and after April 1, 2007 through March 31,
2009, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2007 and 2008, respectively, for state
fiscal years beginning on and after April 1, 2009, based initially on
reported 2007 reconciled data, adjusted for authorized Medicaid rate
changes applicable to the state fiscal year, and as further reconciled
to actual reported data for 2009, for state fiscal years beginning on
and after April 1, 2010, based initially on reported reconciled data
from the base year two years prior to the payment year, adjusted for
authorized Medicaid rate changes applicable to the state fiscal year,
and further reconciled to actual reported data from such payment year,
and to actual reported data for each respective succeeding year. The
payments may be added to rates of payment or made as aggregate payments
to an eligible public general hospital.
§ 8. Subdivision 3 of section 3018 of the public health law, as added
by section 2 of chapter 137 of the laws of 2023, is amended to read as
follows:
3. This program shall authorize mobile integrated and community param-
edicine programs presently operating and approved by the department as
of May eleventh, two thousand twenty-three, under the authority of Exec-
utive Order Number 4 of two thousand twenty-one, entitled "Declaring a
Statewide Disaster Emergency Due to Healthcare staffing shortages in the
State of New York" to continue in the same manner and capacity as
currently approved for a period of [two] FOUR years following the effec-
tive date of this section.
§ 8-a. Section 2 of chapter 137 of the laws of 2023, amending the
public health law relating to establishing a community-based paramedi-
cine demonstration program, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [2] 4 years after such date; provided, however, that if
this act shall have become a law on or after May 22, 2023 this act shall
take effect immediately and shall be deemed to have been in full force
and effect on and after May 22, 2023.
§ 9. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by chapter 161 of the laws
of 2023, is amended to read as follows:
S. 3007--A 8 A. 3007--A
12. Sections one hundred five-b through one hundred five-f of this act
shall expire June 30, [2025] 2027.
§ 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of
2018, amending the public health law relating to authorizing the commis-
sioner of health to redeploy excess reserves of certain not-for-profit
managed care organizations, as amended by chapter 197 of the laws of
2023, is amended to read as follows:
§ 2. This act shall take effect August 1, 2018 and shall expire and be
deemed repealed August 1, [2025] 2027, but, shall not apply to any enti-
ty or any subsidiary or affiliate of such entity that disposes of all or
a material portion of its assets pursuant to a transaction that: (1) was
the subject of a request for regulatory approval first made to the
commissioner of health between January 1, 2017, and December 31, 2017;
and (2) receives regulatory approval from the commissioner of health
prior to July 31, 2018.
§ 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
amending the public health law, the social services law and the insur-
ance law relating to providing enhanced consumer and provider
protections, as amended by section 1 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
1. sections four, eleven and thirteen of this act shall take effect
immediately and shall expire and be deemed repealed June 30, [2025]
2027;
§ 12. Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 12 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal years beginning April first, two
thousand ten [and ending March thirty-first, two thousand twenty-five],
the commissioner shall not be required to revise certified rates of
payment established pursuant to this article [for rate periods prior to
April first, two thousand twenty-five], based on consideration of rate
appeals filed by residential health care facilities or based upon
adjustments to capital cost reimbursement as a result of approval by the
commissioner of an application for construction under section twenty-
eight hundred two of this article, in excess of an aggregate annual
amount of eighty million dollars for each such state fiscal year
provided, however, that for the period April first, two thousand eleven
through March thirty-first, two thousand twelve such aggregate annual
amount shall be fifty million dollars. In revising such rates within
such fiscal limit, the commissioner shall, in prioritizing such rate
appeals, include consideration of which facilities the commissioner
determines are facing significant financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve multiple pending rate appeals
based upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any amounts owed by the facility to the
department, including, but not limited to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described shall continue
[on and after April first, two thousand twenty-five]. Rate adjustments
made pursuant to this paragraph remain fully subject to approval by the
director of the budget in accordance with the provisions of subdivision
two of section twenty-eight hundred seven of this article.
S. 3007--A 9 A. 3007--A
§ 13. Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as amended by section 13 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(a) Notwithstanding any inconsistent provision of law or regulation
and subject to the availability of federal financial participation,
effective April first, two thousand twelve [through March thirty-first,
two thousand twenty-five] AND THEREAFTER, payments by government agen-
cies for services provided by certified home health agencies, except for
such services provided to children under eighteen years of age and other
discreet groups as may be determined by the commissioner pursuant to
regulations, shall be based on episodic payments. In establishing such
payments, a statewide base price shall be established for each sixty day
episode of care and adjusted by a regional wage index factor and an
individual patient case mix index. Such episodic payments may be further
adjusted for low utilization cases and to reflect a percentage limita-
tion of the cost for high-utilization cases that exceed outlier thresh-
olds of such payments.
§ 14. Subdivision 4-a of section 71 of part C of chapter 60 of the
laws of 2014, amending the social services law relating to fair hearings
within the Fully Integrated Duals Advantage program, as amended by
section 27 of part B of chapter 57 of the laws of 2023, is amended to
read as follows:
4-a. section twenty-two of this act shall take effect April 1, 2014,
and shall be deemed expired January 1, [2026] 2028;
§ 15. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 29
of part B of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996, AND
(b) [sections four through ten shall expire on June 30, 2025, and
(c)] provided that the amendment to section 2807-b of the public
health law by section two of this act shall not affect the expiration of
such section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 16. Subdivision 5-a of section 246 of chapter 81 of the laws of
1995, amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 30 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
and on and after April 1, 2019 through March 31, 2021, and on and after
April 1, 2021 through March 31, 2023, and on and after April 1, 2023
through March 31, 2025, AND THEREAFTER;
§ 17. Section 64-b of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical reimbursement and
welfare reform, as amended by section 31 of part B of chapter 57 of the
laws of 2023, is amended to read as follows:
S. 3007--A 10 A. 3007--A
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, 2025, AND THEREAFTER.
§ 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
ing chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual rates,
as amended by section 32 of part B of chapter 57 of the laws of 2023, is
amended to read as follows:
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, 2017 [through March 31, 2025] AND THEREAFTER,
for inpatient and outpatient services provided by general hospitals, for
inpatient services and adult day health care outpatient services
provided by residential health care facilities pursuant to article 28 of
the public health law, except for residential health care facilities or
units of such facilities providing services primarily to children under
twenty-one years of age, for home health care services provided pursuant
to article 36 of the public health law by certified home health agen-
cies, long term home health care programs and AIDS home care programs,
and for personal care services provided pursuant to section 365-a of the
social services law, the commissioner of health shall apply no greater
than zero trend factors attributable to the 2017, 2018, 2019, 2020,
2021, 2022, 2023, 2024 and 2025 calendar years AND THEREAFTER in accord-
ance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such no greater than zero
trend factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024 and 2025 calendar years AND THEREAFTER shall also be applied
to rates of payment provided on and after January 1, 2017 [through March
31, 2025] AND THEREAFTER for personal care services provided in those
local social services districts, including New York city, whose rates of
payment for such services are established by such local social services
districts pursuant to a rate-setting exemption issued by the commission-
er of health to such local social services districts in accordance with
applicable regulations; and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary 1, 2017 [through March 31, 2025] AND THEREAFTER, such trend factors
attributable to the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 and
2025 calendar years AND THEREAFTER shall be established at no greater
than zero percent.
§ 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 33 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
S. 3007--A 11 A. 3007--A
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, 2025, AND THEREAFTER;
§ 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 34 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, and further provided that for all such gross receipts
received on or after April first, two thousand seventeen through March
thirty-first, two thousand nineteen such assessment shall be six
percent, and further provided that for all such gross receipts received
on or after April first, two thousand nineteen through March thirty-
first, two thousand twenty-one such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand twenty-one through March thirty-first, two
thousand twenty-three such assessment shall be six percent, and further
provided that for all such gross receipts received on or after April
first, two thousand twenty-three through March thirty-first, two thou-
sand twenty-five such assessment shall be six percent, AND FURTHER
PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL
S. 3007--A 12 A. 3007--A
FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE SUCH ASSESSMENT SHALL BE SIX PERCENT.
§ 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending
the public health law relating to aiding in the transition to adulthood
for children with medical fragility living in pediatric nursing homes
and other settings, as amended by section 35 of part B of chapter 57 of
the laws of 2023, is amended to read as follows:
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that section one of this
act shall expire and be deemed repealed [four] SIX years after such
effective date; and provided further, that section two of this act shall
expire and be deemed repealed [five] SEVEN years after such effective
date.
§ 22. Section 2 of chapter 633 of the laws of 2006, amending the
public health law relating to the home based primary care for the elder-
ly demonstration project, as amended by section 1 of item OOO of subpart
B of part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, [2026] 2031.
§ 23. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 14 of
part B of chapter 57 of the laws of 2023, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law [and shall expire and be deemed repealed March 31, 2025].
§ 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56
of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program eligi-
bility from two hundred to two hundred fifty percent, as amended by
section 3 of part J of chapter 57 of the laws of 2024, are amended to
read as follows:
(b) section four of this act shall expire and be deemed repealed
December 31, [2025] 2030; provided, however, the amendments to paragraph
(c) of subdivision 1 of section 369-gg of the social services law made
by such section of this act shall be subject to the expiration and
reversion of such paragraph pursuant to section 2 of part H of chapter
57 of the laws of 2021 when upon such date, the provisions of section
five of this act shall take effect; provided, however, the amendments to
such paragraph made by section five of this act shall expire and be
deemed repealed December 31, [2025] 2030;
(c) section six of this act shall take effect January 1, [2026] 2031;
provided, however, the amendments to paragraph (c) of subdivision 1 of
section 369-gg of the social services law made by such section of this
act shall be subject to the expiration and reversion of such paragraph
pursuant to section 2 of part H of chapter 57 of the laws of 2021 when
upon such date, the provisions of section seven of this act shall take
effect; and
§ 25. Subdivision 10 of section 365-a of the social services law, as
amended by section 1 of part QQ of chapter 57 of the laws of 2022, is
amended to read as follows:
10. The department of health shall establish or procure the services
of an independent assessor or assessors no later than October 1, 2022,
in a manner and schedule as determined by the commissioner of health, to
S. 3007--A 13 A. 3007--A
take over from local departments of social services, Medicaid Managed
Care providers, and Medicaid managed long term care plans performance of
assessments and reassessments required for determining individuals'
needs for personal care services, including as provided through the
consumer directed personal assistance program, and other services or
programs available pursuant to the state's medical assistance program as
determined by such commissioner for the purpose of improving efficiency,
quality, and reliability in assessment and to determine individuals'
eligibility for Medicaid managed long term care plans. Notwithstanding
the provisions of section one hundred sixty-three of the state finance
law, or sections one hundred forty-two and one hundred forty-three of
the economic development law, or any contrary provision of law,
contracts may be entered or the commissioner may amend and extend the
terms of a contract awarded prior to the effective date and entered into
to conduct enrollment broker and conflict-free evaluation services for
the Medicaid program, if such contract or contract amendment is for the
purpose of procuring such assessment services from an independent asses-
sor. Contracts entered into, amended, or extended pursuant to this
subdivision shall not remain in force beyond September 30, [2025] 2026.
§ 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct-
ing the department of health to establish or procure the services of an
independent panel of clinical professionals and to develop and implement
a uniform task-based assessment tool, as amended by section 3 of part QQ
of chapter 57 of the laws of 2022, is amended to read as follows:
§ 20. The department of health shall establish or procure services of
an independent panel or panels of clinical professionals no later than
October 1, 2022, in a manner and schedule as determined by the commis-
sioner of health, to provide as appropriate independent physician or
other applicable clinician orders for personal care services, including
as provided through the consumer directed personal assistance program,
available pursuant to the state's medical assistance program and to
determine eligibility for the consumer directed personal assistance
program. Notwithstanding the provisions of section 163 of the state
finance law, or sections 142 and 143 of the economic development law, or
any contrary provision of law, contracts may be entered or the commis-
sioner of health may amend and extend the terms of a contract awarded
prior to the effective date and entered into to conduct enrollment
broker and conflict-free evaluation services for the Medicaid program,
if such contract or contract amendment is for the purpose of establish-
ing an independent panel or panels of clinical professionals as
described in this section. Contracts entered into, amended, or extended
pursuant to this section shall not remain in force beyond September 30,
[2025] 2026.
§ 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART C
Section 1. Paragraph (b) of subdivision 3 of section 273 of the public
health law, as added by section 10 of part C of chapter 58 of the laws
of 2005, is amended to read as follows:
(b) In the event that the patient does not meet the criteria in para-
graph (a) of this subdivision, the prescriber may provide additional
information to the program to justify the use of a prescription drug
that is not on the preferred drug list. The program shall provide a
reasonable opportunity for a prescriber to reasonably present [his or
S. 3007--A 14 A. 3007--A
her] THE PRESCRIBER'S justification of prior authorization. [If, after
consultation with the program, the prescriber, in his or her reasonable
professional judgment, determines that] THE PROGRAM WILL CONSIDER THE
ADDITIONAL INFORMATION AND THE JUSTIFICATION PRESENTED TO DETERMINE
WHETHER the use of a prescription drug that is not on the preferred drug
list is warranted, AND the [prescriber's] PROGRAM'S determination shall
be final.
§ 2. Subdivisions 25 and 25-a of section 364-j of the social services
law are REPEALED.
§ 3. This act shall take effect January 1, 2026.
PART D
Section 1. The opening paragraph of subparagraph (i) of paragraph (i)
of subdivision 35 of section 2807-c of the public health law, as amended
by section 5 of part D of chapter 57 of the laws of 2024, is amended to
read as follows:
Notwithstanding any inconsistent provision of this subdivision or any
other contrary provision of law and subject to the availability of
federal financial participation, for each state fiscal year from July
first, two thousand ten through December thirty-first, two thousand
twenty-four; and for the calendar year January first, two thousand twen-
ty-five through December thirty-first, two thousand twenty-five[; and
for each calendar year thereafter], the commissioner shall make addi-
tional inpatient hospital payments up to the aggregate upper payment
limit for inpatient hospital services after all other medical assistance
payments, but not to exceed two hundred thirty-five million five hundred
thousand dollars for the period July first, two thousand ten through
March thirty-first, two thousand eleven, three hundred fourteen million
dollars for each state fiscal year beginning April first, two thousand
eleven, through March thirty-first, two thousand thirteen, and no less
than three hundred thirty-nine million dollars for each state fiscal
year until December thirty-first, two thousand twenty-four; and then
from calendar year January first, two thousand twenty-five through
December thirty-first, two thousand twenty-five[; and for each calendar
year thereafter], to general hospitals, other than major public general
hospitals, providing emergency room services and including safety net
hospitals, which shall, for the purpose of this paragraph, be defined as
having either: a Medicaid share of total inpatient hospital discharges
of at least thirty-five percent, including both fee-for-service and
managed care discharges for acute and exempt services; or a Medicaid
share of total discharges of at least thirty percent, including both
fee-for-service and managed care discharges for acute and exempt
services, and also providing obstetrical services. Eligibility to
receive such additional payments shall be based on data from the period
two years prior to the rate year, as reported on the institutional cost
report submitted to the department as of October first of the prior rate
year. Such payments shall be made as medical assistance payments for
fee-for-service inpatient hospital services pursuant to title eleven of
article five of the social services law for patients eligible for feder-
al financial participation under title XIX of the federal social securi-
ty act and in accordance with the following:
§ 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision
5-d of section 2807-k of the public health law, as amended by section 1
of part E of chapter 57 of the laws of 2023, is amended to read as
follows:
S. 3007--A 15 A. 3007--A
(A) (1) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals;
(2) FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-FIVE AND THEREAFTER,
THE TOTAL DISTRIBUTIONS TO MAJOR PUBLIC GENERAL HOSPITALS SHALL BE
SUBJECT TO AN AGGREGATE REDUCTION OF ONE HUNDRED THIRTEEN MILLION FOUR
HUNDRED THOUSAND DOLLARS ANNUALLY, PROVIDED THAT GENERAL HOSPITALS OPER-
ATED BY THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION AS ESTAB-
LISHED BY CHAPTER ONE THOUSAND SIXTEEN OF THE LAWS OF NINETEEN HUNDRED
SIXTY-NINE, AS AMENDED, SHALL NOT RECEIVE DISTRIBUTIONS PURSUANT TO THIS
SUBDIVISION; and
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART E
Section 1. Section 602 of the financial services law, as added by
section 26 of part H of chapter 60 of the laws of 2014, is amended to
read as follows:
§ 602. Applicability. [(a)] This article shall not apply to health
care services, including emergency services, where physician fees are
subject to schedules or other monetary limitations under any other law,
including the workers' compensation law and article fifty-one of the
insurance law, and shall not preempt any such law. THIS ARTICLE ALSO
SHALL NOT APPLY TO HEALTH CARE SERVICES, INCLUDING EMERGENCY SERVICES,
SUBJECT TO MEDICAL ASSISTANCE PROGRAM COVERAGE PROVIDED PURSUANT TO
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW.
§ 2. Subdivision 3 of section 364-j of the social services law is
amended by adding a new paragraph (d-4) to read as follows:
(D-4) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
MEDICAL ASSISTANCE RECIPIENTS SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
THE MANAGED CARE PROGRAM AUTHORIZED BY THIS SECTION OR OTHER CARE COOR-
DINATION MODEL ESTABLISHED BY ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW: ANY PERSON WHO IS PERMANENTLY PLACED IN A RESIDENTIAL HEALTH CARE
FACILITY FOR A CONSECUTIVE PERIOD OF THREE MONTHS OR MORE. HOWEVER,
NOTHING IN THIS PARAGRAPH SHOULD BE CONSTRUED TO APPLY TO ENROLLEES IN
THE MEDICAID ADVANTAGE PLUS PROGRAM, DEVELOPED TO ENROLL PERSONS IN
MANAGED LONG-TERM CARE WHO ARE NURSING HOME CERTIFIABLE AND WHO ARE
DUALLY ELIGIBLE PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-F OF THE
PUBLIC HEALTH LAW. IN IMPLEMENTING THIS PROVISION, THE DEPARTMENT SHALL
CONTINUE TO SUPPORT SERVICE DELIVERY AND OUTCOMES THAT RESULT IN COMMU-
NITY LIVING FOR ENROLLEES.
§ 3. Section 364-j of the social services law is amended by adding a
new subdivision 40 to read as follows:
40. (A) THE COMMISSIONER SHALL BE ENTITLED TO PENALIZE MANAGED CARE
PROVIDERS FOR FAILURE TO MEET THE CONTRACTUAL OBLIGATIONS AND PERFORM-
ANCE STANDARDS OF THE EXECUTED CONTRACT BETWEEN THE STATE AND A MANAGED
CARE PROVIDER IN PLACE AT THE TIME OF THE FAILURE.
(B) THE COMMISSIONER SHALL HAVE SOLE DISCRETION IN DETERMINING WHETHER
TO IMPOSE A PENALTY FOR NONCOMPLIANCE WITH ANY PROVISION OF SUCH
CONTRACT.
(C) (I) PENALTIES IMPOSED BY THIS SUBDIVISION AGAINST A MANAGED CARE
PROVIDER SHALL BE FROM TWO HUNDRED FIFTY DOLLARS UP TO TWENTY-FIVE THOU-
SAND DOLLARS PER VIOLATION DEPENDING ON THE SEVERITY OF THE NONCOMPLI-
ANCE AS DETERMINED BY THE COMMISSIONER.
S. 3007--A 16 A. 3007--A
(II) THE COMMISSIONER MAY ELECT, IN THEIR SOLE DISCRETION, TO ASSESS
PENALTIES IMPOSED BY THIS SECTION FROM, AND AS A SET OFF AGAINST,
PAYMENTS DUE TO THE MANAGED CARE PROVIDER, OR PAYMENTS THAT BECOMES DUE
ANY TIME AFTER THE ASSESSMENT OF PENALTIES. DEDUCTIONS MAY CONTINUE
UNTIL THE FULL AMOUNT OF THE NOTICED PENALTIES ARE PAID IN FULL.
(III) ALL PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS
SUBDIVISION SHALL BE PAID OUT OF THE ADMINISTRATIVE COSTS AND PROFITS OF
THE MANAGED CARE PROVIDER. THE MANAGED CARE PROVIDER SHALL NOT PASS THE
PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION
THROUGH TO ANY MEDICAL SERVICES PROVIDER AND/OR SUBCONTRACTOR.
(D) FOR THE PURPOSES OF THIS SUBDIVISION A VIOLATION SHALL MEAN A
DETERMINATION BY THE COMMISSIONER THAT THE MANAGED CARE PROVIDER FAILED
TO ACT AS REQUIRED UNDER THE CONTRACT BETWEEN THE STATE AND THE MANAGED
CARE PROVIDER IN PLACE AT THE TIME OF THE FAILURE, OR APPLICABLE FEDERAL
AND STATE STATUTES, RULES OR REGULATIONS GOVERNING MANAGED CARE PROVID-
ERS. EACH INSTANCE OF A MANAGED CARE PROVIDER FAILING TO FURNISH NECES-
SARY AND/OR REQUIRED MEDICAL SERVICES OR ITEMS TO EACH ENROLLEE SHALL BE
A SEPARATE VIOLATION AND EACH DAY THAT AN ONGOING VIOLATION CONTINUES
SHALL BE A SEPARATE VIOLATION.
(E) NO PENALTIES SHALL BE ASSESSED PURSUANT TO THIS SUBDIVISION WITH-
OUT PROVIDING AN OPPORTUNITY FOR A FORMAL HEARING CONDUCTED IN ACCORD-
ANCE WITH SECTION TWELVE-A OF THE PUBLIC HEALTH LAW.
(F) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE IMPOSITION OF
DAMAGES, PENALTIES OR OTHER RELIEF, OTHERWISE AUTHORIZED BY LAW, INCLUD-
ING BUT NOT LIMITED TO CASES OF FRAUD, WASTE OR ABUSE.
(G) THE COMMISSIONER MAY PROMULGATE ANY REGULATIONS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall apply to disputes filed with the super-
intendent of financial services pursuant to article six of the financial
services law on or after such effective date; provided further, howev-
er, that section two of this act is subject to federal financial partic-
ipation; and provided further, however, that the amendments to section
364-j of the social services law made by sections two and three of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
PART F
Section 1. Section 2807-ff of the public health law, as added by
section 1 of part II of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 2807-ff. New York managed care organization provider tax. 1. The
commissioner, subject to the approval of the director of the budget,
shall: apply for a waiver or waivers of the broad-based and uniformity
requirements related to the establishment of a New York managed care
organization provider tax (the "MCO provider tax") in order to secure
federal financial participation for the costs of the medical assistance
program; [issue regulations to implement the MCO provider tax;] and,
subject to approval by the centers for [medicare and medicaid] MEDICARE
AND MEDICAID services, impose the MCO provider tax as an assessment upon
insurers, health maintenance organizations, and managed care organiza-
tions (COLLECTIVELY REFERRED TO AS "HEALTH PLAN") offering the following
plans or products:
S. 3007--A 17 A. 3007--A
(a) Medical assistance program coverage provided by managed care
providers pursuant to section three hundred sixty-four-j of the social
services law;
(b) A [child] health insurance plan [certified] SERVING INDIVIDUALS
ENROLLED pursuant to [section twenty-five hundred eleven] TITLE 1-A OF
ARTICLE TWENTY-FIVE of this chapter;
(c) Essential plan coverage certified pursuant to [section three
hundred sixty-nine-gg] TITLE 11-D OF ARTICLE FIVE of the social services
law;
(d) Coverage purchased on the New York insurance exchange established
pursuant to section two hundred sixty-eight-b of this chapter; or
(e) Any other comprehensive coverage subject to articles thirty-two,
forty-two and forty-three of the insurance law, or article forty-four of
this chapter.
2. The MCO provider tax shall comply with all relevant provisions of
federal laws, rules and regulations.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE MCO PROVIDER TAX
APPROVAL LETTER BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (THE
"APPROVAL LETTER").
4. A HEALTH PLAN, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL
PAY THE MCO PROVIDER TAX FOR EACH CALENDAR YEAR AS FOLLOWS:
(A) FOR MEDICAID MEMBER MONTHS BELOW TWO HUNDRED FIFTY THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY ONE HUNDRED TWENTY-SIX DOLLARS PER
MEMBER MONTH;
(B) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS BUT LESS THAN FIVE HUNDRED THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY EIGHTY-EIGHT DOLLARS PER MEMBER MONTH;
(C) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO FIVE HUNDRED
THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWENTY-FIVE DOLLARS PER
MEMBER MONTH;
(D) FOR ESSENTIAL PLAN MEMBER MONTHS LESS THAN TWO HUNDRED FIFTY THOU-
SAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY THIRTEEN DOLLARS PER MEMBER
MONTH;
(E) FOR ESSENTIAL PLAN MEMBER MONTHS GREATER THAN OR EQUAL TO TWO
HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY SEVEN
DOLLARS PER MEMBER MONTH;
(F) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS, CONSISTING OF
THE POPULATIONS COVERED BY THE PRODUCTS DESCRIBED IN PARAGRAPHS (B),
(D), AND (E) OF SUBDIVISION ONE OF THIS SECTION, LESS THAN TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWO DOLLARS PER
MEMBER MONTH; AND
(G) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS GREATER THAN OR
EQUAL TO TWO HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL
PAY ONE DOLLAR AND FIFTY CENTS PER MEMBER MONTH.
5. A HEALTH PLAN SHALL REMIT THE MCO PROVIDER TAX DUE PURSUANT TO THIS
SECTION TO THE COMMISSIONER OR THEIR DESIGNEE QUARTERLY OR AT A FREQUEN-
CY DEFINED BY THE COMMISSIONER.
6. FUNDS ACCUMULATED FROM THE MCO PROVIDER TAX, INCLUDING INTEREST AND
PENALTIES, SHALL BE DEPOSITED AND CREDITED BY THE COMMISSIONER, OR THE
COMMISSIONER'S DESIGNEE, TO THE HEALTHCARE STABILITY FUND ESTABLISHED IN
SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
7. (A) EVERY HEALTH PLAN SUBJECT TO THE APPROVED MCO PROVIDER TAX
SHALL SUBMIT REPORTS IN A FORM PRESCRIBED BY THE COMMISSIONER TO ACCU-
RATELY DISCLOSE INFORMATION REQUIRED TO IMPLEMENT THIS SECTION.
(B) IF A HEALTH PLAN FAILS TO FILE REPORTS REQUIRED PURSUANT TO THIS
SUBDIVISION WITHIN SIXTY DAYS OF THE DATE SUCH REPORTS ARE DUE AND AFTER
S. 3007--A 18 A. 3007--A
NOTIFICATION OF SUCH REPORTING DELINQUENCY, THE COMMISSIONER MAY ASSESS
A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH FAILURE;
PROVIDED, HOWEVER, THAT SUCH CIVIL PENALTY SHALL NOT BE IMPOSED IF THE
HEALTH PLAN DEMONSTRATES GOOD CAUSE FOR THE FAILURE TO TIMELY FILE SUCH
REPORTS.
8. (A) IF A PAYMENT MADE PURSUANT TO THIS SECTION IS NOT TIMELY,
INTEREST SHALL BE PAYABLE IN THE SAME RATE AND MANNER AS DEFINED IN
SUBDIVISION EIGHT OF SECTION TWENTY-EIGHT HUNDRED SEVEN-J OF THIS ARTI-
CLE.
(B) THE COMMISSIONER MAY WAIVE A PORTION OR ALL OF EITHER THE INTEREST
OR PENALTIES, OR BOTH, ASSESSED UNDER THIS SECTION IF THE COMMISSIONER
DETERMINES, IN THEIR SOLE DISCRETION, THAT THE HEALTH PLAN HAS DEMON-
STRATED THAT IMPOSITION OF THE FULL AMOUNT OF THE MCO PROVIDER TAX
PURSUANT TO THE TIMELINES APPLICABLE UNDER THE APPROVAL LETTER HAS A
HIGH LIKELIHOOD OF CREATING AN UNDUE FINANCIAL HARDSHIP FOR THE HEALTH
PLAN OR CREATES A SIGNIFICANT FINANCIAL DIFFICULTY IN PROVIDING NEEDED
SERVICES TO MEDICAID BENEFICIARIES. IN ADDITION, THE COMMISSIONER MAY
WAIVE A PORTION OR ALL OF EITHER THE INTEREST OR PENALTIES, OR BOTH,
ASSESSED UNDER THIS SECTION IF THE COMMISSIONER DETERMINES, IN THEIR
SOLE DISCRETION, THAT THE HEALTH PLAN DID NOT HAVE THE INFORMATION
NECESSARY FROM THE DEPARTMENT TO PAY THE TAX REQUIRED IN THIS SECTION.
WAIVER OF SOME OR ALL OF THE INTEREST OR PENALTIES PURSUANT TO THIS
SUBDIVISION SHALL BE CONDITIONED ON THE HEALTH PLAN'S AGREEMENT TO MAKE
MCO PROVIDER TAX PAYMENTS ON AN ALTERNATIVE SCHEDULE DEVELOPED BY THE
DEPARTMENT THAT TAKES INTO ACCOUNT THE FINANCIAL SITUATION OF THE HEALTH
PLAN AND THE POTENTIAL IMPACT ON THE DELIVERY OF SERVICES TO MEDICAID
BENEFICIARIES.
(C) OVERPAYMENT BY OR ON BEHALF OF A HEALTH PLAN OF A PAYMENT SHALL BE
APPLIED TO ANY OTHER PAYMENT DUE FROM THE HEALTH PLAN PURSUANT TO THIS
SECTION, OR, IF NO PAYMENT IS DUE, AT THE ELECTION OF THE HEALTH PLAN,
SHALL BE APPLIED TO FUTURE PAYMENTS OR REFUNDED TO THE HEALTH PLAN.
INTEREST SHALL BE PAID ON OVERPAYMENTS FROM THE DATE OF OVERPAYMENT TO
THE DATE OF CREDITING OR REFUNDING AT THE RATE DETERMINED IN ACCORDANCE
WITH THIS SUBDIVISION ONLY IF THE OVERPAYMENT WAS MADE AT THE DIRECTION
OF THE COMMISSIONER. INTEREST UNDER THIS PARAGRAPH SHALL NOT BE PAID IF
THE AMOUNT THEREOF IS LESS THAN ONE DOLLAR.
9. PAYMENTS AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE
COMMISSIONER PURSUANT TO THIS SECTION BY A HEALTH PLAN SHALL BE SUBJECT
TO AUDIT BY THE COMMISSIONER FOR A PERIOD OF SIX YEARS FOLLOWING THE
CLOSE OF THE CALENDAR YEAR IN WHICH SUCH PAYMENTS AND REPORTS ARE DUE,
AFTER WHICH SUCH PAYMENTS SHALL BE DEEMED FINAL AND NOT SUBJECT TO
FURTHER ADJUSTMENT OR RECONCILIATION, INCLUDING THROUGH OFFSET ADJUST-
MENTS OR RECONCILIATIONS MADE BY A HEALTH PLAN; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PRECLUDING THE COMMISSION-
ER FROM PURSUING COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS
DELINQUENT WITHIN SUCH SIX-YEAR PERIOD, OR WHICH ARE IDENTIFIED AS
DELINQUENT AS A RESULT OF AN AUDIT COMMENCED WITHIN SUCH SIX-YEAR PERI-
OD, OR FROM CONDUCTING AN AUDIT OF ANY ADJUSTMENT OR RECONCILIATION MADE
BY A HEALTH PLAN, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
SUCH SIX-YEAR PERIOD WHICH ARE FOUND TO BE COMMINGLED WITH PAYMENTS
WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
10. IN THE EVENT OF A MERGER, ACQUISITION, ESTABLISHMENT, OR ANY OTHER
SIMILAR TRANSACTION THAT RESULTS IN THE TRANSFER OF HEALTH PLAN RESPON-
SIBILITY FOR ALL ENROLLEES UNDER THIS SECTION FROM A HEALTH PLAN TO
ANOTHER HEALTH PLAN OR SIMILAR ENTITY, AND THAT OCCURS AT ANY TIME
DURING WHICH THIS SECTION IS EFFECTIVE, THE RESULTANT HEALTH PLAN OR
S. 3007--A 19 A. 3007--A
SIMILAR ENTITY SHALL BE RESPONSIBLE FOR PAYING THE FULL TAX AMOUNT AS
PROVIDED IN THIS SECTION THAT WOULD HAVE BEEN THE RESPONSIBILITY OF THE
HEALTH PLAN TO WHICH THAT FULL TAX AMOUNT WAS ASSESSED UPON THE EFFEC-
TIVE DATE OF ANY SUCH TRANSACTION. IF A MERGER, ACQUISITION, ESTABLISH-
MENT, OR ANY OTHER SIMILAR TRANSACTION RESULTS IN THE TRANSFER OF HEALTH
PLAN RESPONSIBILITY FOR ONLY SOME OF A HEALTH PLAN'S ENROLLEES UNDER
THIS SECTION BUT NOT ALL ENROLLEES, THE FULL TAX AMOUNT AS PROVIDED IN
THIS SECTION SHALL REMAIN THE RESPONSIBILITY OF THAT HEALTH PLAN TO
WHICH THAT FULL TAX AMOUNT WAS ASSESSED.
§ 2. Section 99-rr of the state finance law, as added by section 2 of
part II of chapter 57 of the laws of 2024, is renumbered section 99-ss
and is amended to read to as follows:
§ 99-ss. Healthcare stability fund. 1. There is hereby established in
the joint custody of the state comptroller and the commissioner of taxa-
tion and finance a special fund to be known as the "healthcare stability
fund" ("fund").
2. (A) The fund shall consist of monies received from the imposition
of the centers for medicare and medicaid services-approved MCO provider
tax established pursuant to section twenty-eight hundred seven-ff of the
public health law, and all other monies appropriated, credited, or
transferred thereto from any other fund or source pursuant to law.
(B) THE POOL ADMINISTRATOR UNDER CONTRACT WITH THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-Y OF THE PUBLIC
HEALTH LAW SHALL COLLECT MONEYS REQUIRED TO BE COLLECTED AS A RESULT OF
THE IMPLEMENTATION OF THE MCO PROVIDER TAX.
3. Notwithstanding any provision of law to the contrary and subject to
available legislative appropriation and approval of the director of the
budget, monies of the fund may be available [for] TO THE DEPARTMENT OF
HEALTH FOR THE PURPOSE OF:
(a) funding the non-federal share of increased capitation payments to
managed care providers, as defined in section three hundred sixty-four-j
of the social services law, for the medical assistance program, pursuant
to a plan developed and approved by the director of the budget;
(b) funding the non-federal share of the medical assistance program,
including supplemental support for the delivery of health care services
to medical assistance program enrollees and quality incentive programs;
(c) reimbursement to the general fund for expenditures incurred in the
medical assistance program, including, but not limited to, reimbursement
pursuant to a savings allocation plan established in accordance with
section ninety-two of part H of chapter fifty-nine of the laws of two
thousand eleven, as amended; and
(d) transfer to the capital projects fund, or any other capital
projects fund of the state to support the delivery of health care
services.
4. THE MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY THE COMMISSIONER.
[4] 5. Monies disbursed from the fund shall be exempt from the calcu-
lation of department of health state funds medicaid expenditures under
subdivision one of section ninety-two of part H of chapter fifty-nine of
the laws of two thousand eleven, as amended.
[5] 6. Monies in such fund shall be kept separate from and shall not
be commingled with any other monies in the custody of the comptroller or
the commissioner of taxation and finance. Any monies of the fund not
required for immediate use may, at the discretion of the comptroller, in
S. 3007--A 20 A. 3007--A
consultation with the director of the budget, be invested by the comp-
troller in obligations of the United States or the state. Any income
earned by the investment of such monies shall be added to and become a
part of and shall be used for the purposes of such fund.
[6] 7. The director of the budget shall provide quarterly reports to
the speaker of the assembly, the temporary president of the senate, the
chair of the senate finance committee and the chair of the assembly ways
and means committee, on the receipts and distributions of the healthcare
stability fund, including an itemization of such receipts and disburse-
ments, the historical and projected expenditures, and the projected fund
balance.
8. THE COMPTROLLER SHALL PROVIDE THE POOL ADMINISTRATOR WITH ANY
INFORMATION NEEDED, IN A FORM OR FORMAT PRESCRIBED BY THE POOL ADMINIS-
TRATOR, TO MEET REPORTING REQUIREMENTS AS SET FORTH IN SECTION TWENTY-
EIGHT HUNDRED SEVEN-Y OF THE PUBLIC HEALTH LAW OR AS OTHERWISE PROVIDED
BY LAW.
§ 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 1 of part NN of chap-
ter 57 of the laws of 2024, is amended to read as follows:
§ 1-a. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of hospital inpatient services
shall be subject to a uniform rate increase of seven and one-half
percent in addition to the increase contained in section one of this
act, subject to the approval of the commissioner of health and the
director of the budget. Notwithstanding any provision of law to the
contrary, for the state fiscal years beginning April 1, 2023, and there-
after, Medicaid payments made for the operating component of hospital
outpatient services shall be subject to a uniform rate increase of six
and one-half percent in addition to the increase contained in section
one of this act, subject to the approval of the commissioner of health
and the director of the budget. Notwithstanding any provision of law to
the contrary, for the period April 1, 2024 through March 31, 2025 Medi-
caid payments made for hospital services shall be increased by an aggre-
gate amount of up to $525,000,000 in addition to the increase contained
in sections one and one-b of this act subject to the approval of the
commissioner of health and the director of the budget. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGIN-
NING APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPER-
ATING COMPONENT OF HOSPITAL OUTPATIENT SERVICES SHALL BE SUBJECT TO A
UNIFORM RATE INCREASE PURSUANT TO A PLAN APPROVED BY THE DIRECTOR OF THE
BUDGET IN ADDITION TO THE APPLICABLE INCREASE CONTAINED IN SECTION ONE
OF THIS ACT AND THIS SECTION, SUBJECT TO THE APPROVAL OF THE COMMISSION-
ER OF HEALTH AND THE DIRECTOR OF THE BUDGET. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, FOR THE PERIOD APRIL 1, 2025, AND
THEREAFTER, MEDICAID PAYMENTS MADE FOR HOSPITAL SERVICES SHALL BE
INCREASED BY AN AGGREGATE AMOUNT OF UP TO $425,000,000 IN ADDITION TO
THE INCREASE CONTAINED IN SECTION ONE OF THIS ACT AND THIS SECTION,
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR
OF THE BUDGET. Such rate increases shall be subject to federal financial
participation AND THE PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS
ACT.
§ 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
S. 3007--A 21 A. 3007--A
for-service Medicaid rates, as added by section 2 of part NN of chapter
57 of the laws of 2024, is amended to read as follows:
§ 1-b. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of residential health care
facilities services shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in subdivision 1 of
section 1 of this part, subject to the approval of the commissioner of
the department of health and the director of the division of the budget;
provided, however, that such Medicaid payments shall be subject to a
uniform rate increase of up to 7.5 percent in addition to the increase
contained in subdivision 1 of section 1 of this part contingent upon
approval of the commissioner of the department of health, the director
of the division of the budget, and the Centers for Medicare and Medicaid
Services. Notwithstanding any provision of law to the contrary, for the
period April 1, 2024 through March 31, 2025 Medicaid payments made for
nursing home services shall be increased by an aggregate amount of up to
$285,000,000 in addition to the increase contained in [sections] SECTION
one [and one-c] of this act AND THIS SECTION subject to the approval of
the commissioner of health and the director of the budget. Such rate
increases shall be subject to federal financial participation. NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR STATE FISCAL YEARS
BEGINNING APRIL 1, 2025, AND THEREAFTER MEDICAID PAYMENTS MADE FOR NURS-
ING HOME SERVICES SHALL BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$385,000,000 IN ADDITION TO THE INCREASE CONTAINED IN SECTION ONE OF
THIS ACT AND THIS SECTION, SUBJECT TO THE APPROVAL OF THE COMMISSIONER
OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASES SHALL BE
SUBJECT TO FEDERAL FINANCIAL PARTICIPATION AND THE PROVISIONS ESTAB-
LISHED UNDER SECTION ONE-F OF THIS ACT.
§ 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022
providing a one percent across the board payment increase to all quali-
fying fee-for-service Medicaid rates, are renumbered sections 1-d and
1-e and a new section 1-c is added to read as follows:
§ 1-C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
PERIOD APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR CLINIC
SERVICE PROVIDED BY FEDERALLY QUALIFIED HEALTH CENTERS AND DIAGNOSTIC
AND TREATMENT CENTERS SHALL BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$20,000,000 IN ADDITION TO ANY APPLICABLE INCREASE CONTAINED IN SECTION
ONE OF THIS ACT SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASES SHALL BE SUBJECT TO
FEDERAL FINANCIAL PARTICIPATION AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 3 of part NN of chap-
ter 57 of the laws of 2024, and as renumbered by section five of this
act, is amended to read as follows:
§ 1-d. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of assisted living programs as
defined by paragraph (a) of subdivision one of section 461-l of the
social services law shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in section one of this
part, subject to the approval of the commissioner of the department of
health and the director of division of the budget. Notwithstanding any
provision of law to the contrary, for the period April 1, 2024 through
S. 3007--A 22 A. 3007--A
March 31, 2025, Medicaid payments for assisted living programs shall be
increased by up to $15,000,000 in addition to the increase contained in
this section subject to the approval of the commissioner of health and
the director of the budget. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND
THEREAFTER, MEDICAID PAYMENTS FOR ASSISTED LIVING PROGRAMS SHALL BE
INCREASED BY UP TO $15,000,000 IN ADDITION TO THE INCREASE CONTAINED IN
THIS SECTION SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND
THE DIRECTOR OF THE BUDGET. Such rate increases shall be subject to
federal financial participation AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as added by section 4 of part NN of chapter
57 of the laws of 2024, and as renumbered by section five of this act,
is amended and a new section 1-f is added to read as follows:
§ 1-e. Such increases as added by the chapter of the laws of 2024 that
added this section may take the form of increased rates of payment in
Medicaid fee-for-service and/or Medicaid managed care, lump sum
payments, or state directed payments under 42 CFR 438.6(c). Such rate
increases shall be subject to federal financial participation AND THE
PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS ACT.
§ 1-F. SUCH INCREASES AS ADDED BY THE CHAPTER OF THE LAWS OF 2025 THAT
ADDED THIS SECTION SHALL BE CONTINGENT UPON THE AVAILABILITY OF FUNDS
WITHIN THE HEALTHCARE STABILITY FUND ESTABLISHED BY SECTION 99-SS OF THE
STATE FINANCE LAW. UPON A DETERMINATION BY THE DIRECTOR OF THE BUDGET
THAT THE BALANCE OF SUCH FUND IS PROJECTED TO BE INSUFFICIENT TO SUPPORT
THE CONTINUATION OF SUCH INCREASES, THE COMMISSIONER OF HEALTH, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL TAKE STEPS NECES-
SARY TO SUSPEND OR TERMINATE SUCH INCREASES, UNTIL A DETERMINATION IS
MADE THAT THERE ARE SUFFICIENT BALANCES TO SUPPORT THESE INCREASES.
§ 8. This act shall take effect immediately; provided, however, that
sections three, four, five, six and seven of this act shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART G
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part K of chapter 57 of the laws of 2024, is
amended and a new subdivision 9 is added to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
S. 3007--A 23 A. 3007--A
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
and June 30, 2020, between July 1, 2020 and June 30, 2021, between July
1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023,
between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 and
June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 or reimburse
the hospital where the hospital purchases equivalent excess coverage as
defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this
section for medical or dental malpractice occurrences between July 1,
1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between
July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991,
between July 1, 1991 and June 30, 1992, between July 1, 1992 and June
30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994
and June 30, 1995, between July 1, 1995 and June 30, 1996, between July
1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998,
between July 1, 1998 and June 30, 1999, between July 1, 1999 and June
30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001
and June 30, 2002, between July 1, 2002 and June 30, 2003, between July
1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005,
between July 1, 2005 and June 30, 2006, between July 1, 2006 and June
30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008
and June 30, 2009, between July 1, 2009 and June 30, 2010, between July
1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012,
between July 1, 2012 and June 30, 2013, between July 1, 2013 and June
30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015
and June 30, 2016, between July 1, 2016 and June 30, 2017, between July
1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019,
between July 1, 2019 and June 30, 2020, between July 1, 2020 and June
30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022
and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between
July 1, 2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30,
2026 for physicians or dentists certified as eligible for each such
period or periods pursuant to subdivision 2 of this section by a general
hospital licensed pursuant to article 28 of the public health law;
provided that no single insurer shall write more than fifty percent of
the total excess premium for a given policy year; and provided, however,
that such eligible physicians or dentists must have in force an individ-
ual policy, from an insurer licensed in this state of primary malprac-
tice insurance coverage in amounts of no less than one million three
hundred thousand dollars for each claimant and three million nine
hundred thousand dollars for all claimants under that policy during the
S. 3007--A 24 A. 3007--A
period of such excess coverage for such occurrences or be endorsed as
additional insureds under a hospital professional liability policy which
is offered through a voluntary attending physician ("channeling")
program previously permitted by the superintendent of financial services
during the period of such excess coverage for such occurrences. During
such period, such policy for excess coverage or such equivalent excess
coverage shall, when combined with the physician's or dentist's primary
malpractice insurance coverage or coverage provided through a voluntary
attending physician ("channeling") program, total an aggregate level of
two million three hundred thousand dollars for each claimant and six
million nine hundred thousand dollars for all claimants from all such
policies with respect to occurrences in each of such years provided,
however, if the cost of primary malpractice insurance coverage in excess
of one million dollars, but below the excess medical malpractice insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance coverage in excess of one million dollars for each claimant shall
be in an amount of not less than the dollar amount of such coverage
available at nine percent per annum; the required level of such coverage
for all claimants under that policy shall be in an amount not less than
three times the dollar amount of coverage for each claimant; and excess
coverage, when combined with such primary malpractice insurance cover-
age, shall increase the aggregate level for each claimant by one million
dollars and three million dollars for all claimants; and provided
further, that, with respect to policies of primary medical malpractice
coverage that include occurrences between April 1, 2002 and June 30,
2002, such requirement that coverage be in amounts no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
(9) THIS SUBDIVISION SHALL APPLY ONLY TO EXCESS INSURANCE COVERAGE OR
EQUIVALENT EXCESS COVERAGE FOR PHYSICIANS OR DENTISTS THAT IS ELIGIBLE
TO BE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS LIABILITY
POOL.
(A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2024, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. AT THE CONCLUSION OF THE POLICY
PERIOD THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF
HEALTH OR THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL
EXCESS LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION,
PAY FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAINING FIFTY PERCENT
SHALL BE PAID ONE YEAR THEREAFTER.
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2025, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. SUCH PROVIDER OF EXCESS INSUR-
ANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE SHALL BILL, IN A MANNER
CONSISTENT WITH PARAGRAPH (F) OF THIS SUBDIVISION, THE PHYSICIAN OR
DENTIST FOR AN AMOUNT EQUAL TO FIFTY PERCENT OF THE PREMIUM FOR SUCH
COVERAGE, AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION,
DURING THE POLICY PERIOD. AT THE CONCLUSION OF THE POLICY PERIOD THE
SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH OR
THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS
LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION, PAY
S. 3007--A 25 A. 3007--A
HALF OF THE REMAINING FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF
EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAIN-
ING TWENTY-FIVE PERCENT SHALL BE PAID ONE YEAR THEREAFTER. IF THE FUNDS
AVAILABLE IN THE HOSPITAL EXCESS LIABILITY POOL ARE INSUFFICIENT TO MEET
THE PERCENT OF THE COSTS OF THE EXCESS COVERAGE, THE PROVISIONS OF
SUBDIVISION 8 OF THIS SECTION SHALL APPLY.
(C) IF AT THE CONCLUSION OF THE POLICY PERIOD, A PHYSICIAN OR DENTIST,
ELIGIBLE FOR EXCESS COVERAGE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPI-
TAL EXCESS LIABILITY POOL, HAS FAILED TO PAY AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE PREMIUM AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION, SUCH EXCESS COVERAGE SHALL BE CANCELLED AND SHALL BE NULL
AND VOID AS OF THE FIRST DAY ON OR AFTER THE COMMENCEMENT OF A POLICY
PERIOD WHERE THE LIABILITY FOR PAYMENT PURSUANT TO THIS SUBDIVISION HAS
NOT BEEN MET. THE PROVIDER OF EXCESS COVERAGE SHALL REMIT ANY PORTION OF
PREMIUM PAID BY THE ELIGIBLE PHYSICIAN OR DENTIST FOR SUCH A POLICY
PERIOD.
(D) THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL ESTABLISH A RATE
CONSISTENT WITH SUBDIVISION 3 OF THIS SECTION THAT PROVIDERS OF EXCESS
INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE WILL CHARGE FOR SUCH
COVERAGE FOR EACH POLICY PERIOD. FOR THE POLICY PERIOD BEGINNING JULY 1,
2025, THE SUPERINTENDENT OF FINANCIAL SERVICES MAY DIRECT THAT THE
PREMIUM FOR THAT POLICY PERIOD BE THE SAME AS IT WAS FOR THE POLICY
PERIOD THAT CONCLUDED JUNE 30, 2024.
(E) NO PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS
COVERAGE SHALL ISSUE EXCESS COVERAGE TO WHICH THIS SUBDIVISION APPLIES
TO ANY PHYSICIAN OR DENTIST UNLESS THAT PHYSICIAN OR DENTIST MEETS THE
ELIGIBILITY REQUIREMENTS FOR SUCH COVERAGE SET FORTH IN THIS SECTION.
THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH
OR THEIR DESIGNEE SHALL NOT MAKE ANY PAYMENT UNDER THIS SUBDIVISION TO A
PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE FOR
EXCESS COVERAGE ISSUED TO A PHYSICIAN OR DENTIST WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE HOSPITAL EXCESS
LIABILITY POOL PROGRAM SET FORTH IN THIS SECTION.
(F) A PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT COVERAGE
THAT ISSUES EXCESS COVERAGE UNDER THIS SUBDIVISION SHALL BILL THE PHYSI-
CIAN OR DENTIST FOR THE PORTION OF THE PREMIUM REQUIRED UNDER PARAGRAPH
(A) OF THIS SUBDIVISION IN TWELVE EQUAL MONTHLY INSTALLMENTS OR IN SUCH
OTHER MANNER AS THE PHYSICIAN OR DENTIST MAY AGREE.
(G) THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS GIVING EFFECT TO THE
PROVISIONS OF THIS SUBDIVISION.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part K of chapter 57 of the laws of 2024, is amended to read as follows:
(3)(a) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance for medical or dental malpractice
occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
S. 3007--A 26 A. 3007--A
30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013,
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016
and June 30, 2017, between July 1, 2017 and June 30, 2018, between July
1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
between July 1, 2020 and June 30, 2021, between July 1, 2021 and June
30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023
and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, AND
BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allocable to each general hospi-
tal for physicians or dentists certified as eligible for purchase of a
policy for excess insurance coverage by such general hospital in accord-
ance with subdivision 2 of this section, and may amend such determi-
nation and certification as necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
between July 1, 2021 and June 30, 2022, between July 1, 2022 and June
30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1,
2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allo-
cable to each general hospital for physicians or dentists certified as
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage by such general hospital in accordance with
subdivision 2 of this section, and may amend such determination and
certification as necessary. The superintendent of financial services
shall determine and certify to each general hospital and to the commis-
sioner of health the ratable share of such cost allocable to the period
July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June
30, 1988, to the period July 1, 1988 to December 31, 1988, to the period
January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December
31, 1989, to the period January 1, 1990 to June 30, 1990, to the period
S. 3007--A 27 A. 3007--A
July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June
30, 1991, to the period July 1, 1991 to December 31, 1991, to the period
January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
30, 2019, to the period July 1, 2019 to June 30, 2020, to the period
July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30,
2022, to the period July 1, 2022 to June 30, 2023, to the period July 1,
2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30,
2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE 30, 2026.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
18 of chapter 266 of the laws of 1986, amending the civil practice law
and rules and other laws relating to malpractice and professional
medical conduct, as amended by section 3 of part K of chapter 57 of the
laws of 2024, are amended to read as follows:
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
S. 3007--A 28 A. 3007--A
30, 2012, during the period July 1, 2012 to June 30, 2013, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
during the period July 1, 2019 to June 30, 2020, during the period July
1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30,
2022, during the period July 1, 2022 to June 30, 2023, during the period
July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to
June 30, 2025, AND DURING THE PERIOD JULY 1, 2025 TO JUNE 30 2026 allo-
cated or reallocated in accordance with paragraph (a) of subdivision 4-a
of this section to rates of payment applicable to state governmental
agencies, each physician or dentist for whom a policy for excess insur-
ance coverage or equivalent excess coverage is purchased for such period
shall be responsible for payment to the provider of excess insurance
coverage or equivalent excess coverage of an allocable share of such
insufficiency, based on the ratio of the total cost of such coverage for
such physician to the sum of the total cost of such coverage for all
physicians applied to such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, or covering the peri-
od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or
covering the period July 1, 2024 to June 30, 2025, OR COVERING THE PERI-
OD JULY 1, 2025 TO JUNE 30, 2026 shall notify a covered physician or
dentist by mail, mailed to the address shown on the last application for
excess insurance coverage or equivalent excess coverage, of the amount
due to such provider from such physician or dentist for such coverage
period determined in accordance with paragraph (a) of this subdivision.
Such amount shall be due from such physician or dentist to such provider
of excess insurance coverage or equivalent excess coverage in a time and
manner determined by the superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
S. 3007--A 29 A. 3007--A
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, or covering the period July 1,
2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
2023, or covering the period July 1, 2023 to June 30, 2024, or covering
the period July 1, 2024 to June 30, 2025, OR COVERING THE PERIOD JULY 1,
2025 TO JUNE 30, 2026 determined in accordance with paragraph (a) of
this subdivision fails, refuses or neglects to make payment to the
provider of excess insurance coverage or equivalent excess coverage in
such time and manner as determined by the superintendent of financial
services pursuant to paragraph (b) of this subdivision, excess insurance
coverage or equivalent excess coverage purchased for such physician or
dentist in accordance with this section for such coverage period shall
be cancelled and shall be null and void as of the first day on or after
the commencement of a policy period where the liability for payment
pursuant to this subdivision has not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
S. 3007--A 30 A. 3007--A
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
covering the period July 1, 2021 to June 30, 2022, or covering the peri-
od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to
June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, OR
COVERING THE PERIOD JULY 1, 2025 TO JUNE 30, 2026 that has made payment
to such provider of excess insurance coverage or equivalent excess
coverage in accordance with paragraph (b) of this subdivision and of
each physician and dentist who has failed, refused or neglected to make
such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
to the period July 1, 2014 to June 30, 2015, and to the period July 1,
2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
and to the period July 1, 2020 to June 30, 2021, and to the period July
1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30,
2023, and to the period July 1, 2023 to June 30, 2024, and to the period
July 1, 2024 to June 30, 2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 received from the hospital excess liability pool for purchase
of excess insurance coverage or equivalent excess coverage covering the
period July 1, 1992 to June 30, 1993, and covering the period July 1,
1993 to June 30, 1994, and covering the period July 1, 1994 to June 30,
1995, and covering the period July 1, 1995 to June 30, 1996, and cover-
ing the period July 1, 1996 to June 30, 1997, and covering the period
July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to
June 30, 1999, and covering the period July 1, 1999 to June 30, 2000,
and covering the period July 1, 2000 to June 30, 2001, and covering the
period July 1, 2001 to October 29, 2001, and covering the period April
1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June
30, 2003, and covering the period July 1, 2003 to June 30, 2004, and
covering the period July 1, 2004 to June 30, 2005, and covering the
period July 1, 2005 to June 30, 2006, and covering the period July 1,
2006 to June 30, 2007, and covering the period July 1, 2007 to June 30,
S. 3007--A 31 A. 3007--A
2008, and covering the period July 1, 2008 to June 30, 2009, and cover-
ing the period July 1, 2009 to June 30, 2010, and covering the period
July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to
June 30, 2012, and covering the period July 1, 2012 to June 30, 2013,
and covering the period July 1, 2013 to June 30, 2014, and covering the
period July 1, 2014 to June 30, 2015, and covering the period July 1,
2015 to June 30, 2016, and covering the period July 1, 2016 to June 30,
2017, and covering the period July 1, 2017 to June 30, 2018, and cover-
ing the period July 1, 2018 to June 30, 2019, and covering the period
July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to
June 30, 2021, and covering the period July 1, 2021 to June 30, 2022,
and covering the period July 1, 2022 to June 30, 2023 for, and covering
the period July 1, 2023 to June 30, 2024, and covering the period July
1, 2024 to June 30, 2025, AND COVERING THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 a physician or dentist where such excess insurance coverage or
equivalent excess coverage is cancelled in accordance with paragraph (c)
of this subdivision.
§ 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 4 of part K of chap-
ter 57 of the laws of 2024, is amended to read as follows:
§ 40. The superintendent of financial services shall establish rates
for policies providing coverage for physicians and surgeons medical
malpractice for the periods commencing July 1, 1985 and ending June 30,
[2025] 2026; provided, however, that notwithstanding any other provision
of law, the superintendent shall not establish or approve any increase
in rates for the period commencing July 1, 2009 and ending June 30,
2010. The superintendent shall direct insurers to establish segregated
accounts for premiums, payments, reserves and investment income attrib-
utable to such premium periods and shall require periodic reports by the
insurers regarding claims and expenses attributable to such periods to
monitor whether such accounts will be sufficient to meet incurred claims
and expenses. On or after July 1, 1989, the superintendent shall impose
a surcharge on premiums to satisfy a projected deficiency that is
attributable to the premium levels established pursuant to this section
for such periods; provided, however, that such annual surcharge shall
not exceed eight percent of the established rate until July 1, [2025]
2026, at which time and thereafter such surcharge shall not exceed twen-
ty-five percent of the approved adequate rate, and that such annual
surcharges shall continue for such period of time as shall be sufficient
to satisfy such deficiency. The superintendent shall not impose such
surcharge during the period commencing July 1, 2009 and ending June 30,
2010. On and after July 1, 1989, the surcharge prescribed by this
section shall be retained by insurers to the extent that they insured
physicians and surgeons during the July 1, 1985 through June 30, [2025]
2026 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
S. 3007--A 32 A. 3007--A
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
§ 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 266 of the laws of
1986, amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 5
of part K of chapter 57 of the laws of 2024, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
June 15, 2023, June 15, 2024, [and] June 15, 2025, AND JUNE 15, 2026 the
amount of funds available in the hospital excess liability pool, created
pursuant to section 18 of chapter 266 of the laws of 1986, and whether
such funds are sufficient for purposes of purchasing excess insurance
coverage for eligible participating physicians and dentists during the
period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003,
or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,
2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
S. 3007--A 33 A. 3007--A
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024,
[and] June 15, 2025, AND JUNE 15, 2026 as applicable.
§ 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 6 of part K
of chapter 57 of the laws of 2024, is amended to read as follows:
§ 20. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the thirtieth of June,
two thousand [twenty-four] TWENTY-FIVE, shall be eligible to apply for
such coverage for the coverage period beginning the first of July, two
thousand [twenty-four] TWENTY-FIVE; provided, however, if the total
number of physicians or dentists for whom such excess coverage or equiv-
alent excess coverage was purchased for the policy year ending the thir-
tieth of June, two thousand [twenty-four] TWENTY-FIVE exceeds the total
number of physicians or dentists certified as eligible for the coverage
S. 3007--A 34 A. 3007--A
period beginning the first of July, two thousand [twenty-four] TWENTY-
FIVE, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand [twenty-four] TWENTY-FIVE, as applied to the differ-
ence between the number of eligible physicians or dentists for whom a
policy for excess coverage or equivalent excess coverage was purchased
for the coverage period ending the thirtieth of June, two thousand
[twenty-four] TWENTY-FIVE and the number of such eligible physicians or
dentists who have applied for excess coverage or equivalent excess
coverage for the coverage period beginning the first of July, two thou-
sand [twenty-four] TWENTY-FIVE.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART H
Section 1. Section 461-s of the social services law is REPEALED.
§ 2. Paragraph (c) of subdivision 1 of section 461-b of the social
services law is REPEALED.
§ 3. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
(d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of
the public health law, subdivision 1, paragraph (f) of subdivision 3,
paragraph (a) of subdivision 5 and subdivision 12 as amended and para-
graph (d) of subdivision 5 as added by section 6 of part Y of chapter 56
of the laws of 2020 and subdivision 5-a as amended by section 6 of part
C of chapter 57 of the laws of 2023, are amended to read as follows:
1. Definitions. For purposes of this section, the following defi-
nitions shall apply, unless the context clearly requires otherwise:
(a) ["Clinical research" means patient-oriented research, epidemiolog-
ic and behavioral studies, or outcomes research and health services
research that is approved by an institutional review board by the time
the clinical research position is filled.
(b) "Clinical research plan" means a plan submitted by a consortium or
teaching general hospital for a clinical research position which demon-
strates, in a form to be provided by the commissioner, the following:
(i) financial support for overhead, supervision, equipment and other
resources equal to the amount of funding provided pursuant to subpara-
graph (i) of paragraph (b) of subdivision five-a of this section by the
teaching general hospital or consortium for the clinical research posi-
tion;
(ii) experience the sponsor-mentor and teaching general hospital has
in clinical research and the medical field of the study;
(iii) methods, data collection and anticipated measurable outcomes of
the clinical research to be performed;
(iv) training goals, objectives and experience the researcher will be
provided to assess a future career in clinical research;
(v) scientific relevance, merit and health implications of the
research to be performed;
(vi) information on potential scientific meetings and peer review
journals where research results can be disseminated;
(vii) clear and comprehensive details on the clinical research posi-
tion;
S. 3007--A 35 A. 3007--A
(viii) qualifications necessary for the clinical research position and
strategy for recruitment;
(ix) non-duplication with other clinical research positions from the
same teaching general hospital or consortium;
(x) methods to track the career of the clinical researcher once the
term of the position is complete; and
(xi) any other information required by the commissioner to implement
subparagraph (i) of paragraph (b) of subdivision five-a of this section.
(xii) The clinical review plan submitted in accordance with this para-
graph may be reviewed by the commissioner in consultation with experts
outside the department of health.
(c) "Clinical research position" means a post-graduate residency posi-
tion which:
(i) shall not be required in order for the researcher to complete a
graduate medical education program;
(ii) may be reimbursed by other sources but only for costs in excess
of the funding distributed in accordance with subparagraph (i) of para-
graph (b) of subdivision five-a of this section;
(iii) shall exceed the minimum standards that are required by the
residency review committee in the specialty the researcher has trained
or is currently training;
(iv) shall not be previously funded by the teaching general hospital
or supported by another funding source at the teaching general hospital
in the past three years from the date the clinical research plan is
submitted to the commissioner;
(v) may supplement an existing research project;
(vi) shall be equivalent to a full-time position comprising of no less
than thirty-five hours per week for one or two years;
(vii) shall provide, or be filled by a researcher who has formalized
instruction in clinical research, including biostatistics, clinical
trial design, grant writing and research ethics;
(viii) shall be supervised by a sponsor-mentor who shall either (A) be
employed, contracted for employment or paid through an affiliated facul-
ty practice plan by a teaching general hospital which has received at
least one research grant from the National Institutes of Health in the
past five years from the date the clinical research plan is submitted to
the commissioner; (B) maintain a faculty appointment at a medical,
dental or podiatric school located in New York state that has received
at least one research grant from the National Institutes of Health in
the past five years from the date the clinical research plan is submit-
ted to the commissioner; or (C) be collaborating in the clinical
research plan with a researcher from another institution that has
received at least one research grant from the National Institutes of
Health in the past five years from the date the clinical research plan
is submitted to the commissioner; and
(ix) shall be filled by a researcher who is (A) enrolled or has
completed a graduate medical education program, as defined in paragraph
(i) of this subdivision; (B) a United States citizen, national, or
permanent resident of the United States; and (C) a graduate of a
medical, dental or podiatric school located in New York state, a gradu-
ate or resident in a graduate medical education program, as defined in
paragraph (i) of this subdivision, where the sponsoring institution, as
defined in paragraph (q) of this subdivision, is located in New York
state, or resides in New York state at the time the clinical research
plan is submitted to the commissioner.
S. 3007--A 36 A. 3007--A
(d)] "Consortium" means an organization or association, approved by
the commissioner in consultation with the council, of general hospitals
which provide graduate medical education, together with any affiliated
site; provided that such organization or association may also include
other providers of health care services, medical schools, payors or
consumers, and which meet other criteria pursuant to subdivision six of
this section.
[(e)] (B) "Council" means the New York state council on graduate
medical education.
[(f)] (C) "Direct medical education" means the direct costs of resi-
dents, interns and supervising physicians.
[(g)] (D) "Distribution period" means each calendar year set forth in
subdivision two of this section.
[(h)] (E) "Faculty" means persons who are employed by or under
contract for employment with a teaching general hospital or are paid
through a teaching general hospital's affiliated faculty practice plan
and maintain a faculty appointment at a medical school. Such persons
shall not be limited to persons with a degree in medicine.
[(i)] (F) "Graduate medical education program" means a post-graduate
medical education residency in the United States which has received
accreditation from a nationally recognized accreditation body or has
been approved by a nationally recognized organization for medical,
osteopathic, podiatric or dental residency programs including, but not
limited to, specialty boards.
[(j)] (G) "Indirect medical education" means the estimate of costs,
other than direct costs, of educational activities in teaching hospitals
as determined in accordance with the methodology applicable for purposes
of determining an estimate of indirect medical education costs for
reimbursement for inpatient hospital service pursuant to title XVIII of
the federal social security act (medicare).
[(k)] (H) "Medicare" means the methodology used for purposes of reim-
bursing inpatient hospital services provided to beneficiaries of title
XVIII of the federal social security act.
[(l)] (I) "Primary care" residents specialties shall include family
medicine, general pediatrics, primary care internal medicine, and prima-
ry care obstetrics and gynecology. In determining whether a residency is
in primary care, the commissioner shall consult with the council.
[(m)] (J) "Regions", for purposes of this section, shall mean the
regions as defined in paragraph (b) of subdivision sixteen of section
twenty-eight hundred seven-c of this article as in effect on June thir-
tieth, nineteen hundred ninety-six. For purposes of distributions pursu-
ant to subdivision five-a of this section, except distributions made in
accordance with paragraph (a) of subdivision five-a of this section,
"regions" shall be defined as New York city and the rest of the state.
[(n)] (K) "Regional pool" means a professional education pool estab-
lished on a regional basis by the commissioner from funds available
pursuant to sections twenty-eight hundred seven-s and twenty-eight
hundred seven-t of this article.
[(o)] (L) "Resident" means a person in a graduate medical education
program which has received accreditation from a nationally recognized
accreditation body or in a program approved by any other nationally
recognized organization for medical, osteopathic or dental residency
programs including, but not limited to, specialty boards.
[(p) "Shortage specialty" means a specialty determined by the commis-
sioner, in consultation with the council, to be in short supply in the
state of New York.
S. 3007--A 37 A. 3007--A
(q)] (M) "Sponsoring institution" means the entity that has the over-
all responsibility for a program of graduate medical education. Such
institutions shall include teaching general hospitals, medical schools,
consortia and diagnostic and treatment centers.
[(r)] (N) "Weighted resident count" means a teaching general hospi-
tal's total number of residents as of July first, nineteen hundred nine-
ty-five, including residents in affiliated non-hospital ambulatory
settings, reported to the commissioner. Such resident counts shall
reflect the weights established in accordance with rules and regulations
adopted by the state hospital review and planning council and approved
by the commissioner for purposes of implementing subdivision twenty-five
of section twenty-eight hundred seven-c of this article and in effect on
July first, nineteen hundred ninety-five. Such weights shall not be
applied to specialty hospitals, specified by the commissioner, whose
primary care mission is to engage in research, training and clinical
care in specialty eye and ear, special surgery, orthopedic, joint
disease, cancer, chronic care or rehabilitative services.
[(s)] (O) "Adjustment amount" means an amount determined for each
teaching hospital for periods prior to January first, two thousand nine
by:
(i) determining the difference between (A) a calculation of what each
teaching general hospital would have been paid if payments made pursuant
to paragraph (a-3) of subdivision one of section twenty-eight hundred
seven-c of this article between January first, nineteen hundred ninety-
six and December thirty-first, two thousand three were based solely on
the case mix of persons eligible for medical assistance under the
medical assistance program pursuant to title eleven of article five of
the social services law who are enrolled in health maintenance organiza-
tions and persons paid for under the family health plus program enrolled
in approved organizations pursuant to title eleven-D of article five of
the social services law during those years, and (B) the actual payments
to each such hospital pursuant to paragraph (a-3) of subdivision one of
section twenty-eight hundred seven-c of this article between January
first, nineteen hundred ninety-six and December thirty-first, two thou-
sand three.
(ii) reducing proportionally each of the amounts determined in subpar-
agraph (i) of this paragraph so that the sum of all such amounts totals
no more than one hundred million dollars;
(iii) further reducing each of the amounts determined in subparagraph
(ii) of this paragraph by the amount received by each hospital as a
distribution from funds designated in paragraph (a) of subdivision five
of this section attributable to the period January first, two thousand
three through December thirty-first, two thousand three, except that if
such amount was provided to a consortium then the amount of the
reduction for each hospital in the consortium shall be determined by
applying the proportion of each hospital's amount determined under
subparagraph (i) of this paragraph to the total of such amounts of all
hospitals in such consortium to the consortium award;
(iv) further reducing each of the amounts determined in subparagraph
(iii) of this paragraph by the amounts specified in paragraph [(t)] (P)
of this subdivision; and
(v) dividing each of the amounts determined in subparagraph (iii) of
this paragraph by seven.
[(t)] (P) "Extra reduction amount" shall mean an amount determined for
a teaching hospital for which an adjustment amount is calculated pursu-
ant to paragraph [(s)] (O) of this subdivision that is the hospital's
S. 3007--A 38 A. 3007--A
proportionate share of the sum of the amounts specified in paragraph
[(u)] (Q) of this subdivision determined based upon a comparison of the
hospital's remaining liability calculated pursuant to paragraph [(s)]
(O) of this subdivision to the sum of all such hospital's remaining
liabilities.
[(u)] (Q) "Allotment amount" shall mean an amount determined for
teaching hospitals as follows:
(i) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision does not apply, the amount received
by the hospital pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three, or
(ii) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision applies and which received a
distribution pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three that is greater than
the hospital's adjustment amount, the difference between the distrib-
ution amount and the adjustment amount.
(f) Effective January first, two thousand five through December thir-
ty-first, two thousand eight, each teaching general hospital shall
receive a distribution from the applicable regional pool based on its
distribution amount determined under paragraphs (c), (d) and (e) of this
subdivision and reduced by its adjustment amount calculated pursuant to
paragraph [(s)] (O) of subdivision one of this section and, for distrib-
utions for the period January first, two thousand five through December
thirty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph [(t)] (P) of subdivision one of
this section.
(a) Up to thirty-one million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand three,
and up to twenty-five million dollars plus the sum of the amounts speci-
fied in paragraph [(n)] (K) of subdivision one of this section for the
period January first, two thousand five through December thirty-first,
two thousand five, and up to thirty-one million dollars annually for the
period January first, two thousand six through December thirty-first,
two thousand seven, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section for supplemental distributions in each such region to be made by
the commissioner to consortia and teaching general hospitals in accord-
ance with a distribution methodology developed in consultation with the
council and specified in rules and regulations adopted by the commis-
sioner.
(d) Notwithstanding any other provision of law or regulation, for the
period January first, two thousand five through December thirty-first,
two thousand five, the commissioner shall distribute as supplemental
payments the allotment specified in paragraph [(n)] (K) of subdivision
one of this section.
5-a. Graduate medical education innovations pool. (a) Supplemental
distributions. (i) Thirty-one million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10 of the
codes, rules and regulations of the state of New York as in effect on
S. 3007--A 39 A. 3007--A
January first, two thousand eight[; provided, however, for purposes of
funding the empire clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two of
subdivision (f) of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made using
two regions defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars].
(ii) For periods on and after January first, two thousand nine,
supplemental distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the codes, rules
and regulations of the state of New York shall no longer be made and the
provisions of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
(b) [Empire clinical research investigator program (ECRIP). Nine
million one hundred twenty thousand dollars annually for the period
January first, two thousand nine through December thirty-first, two
thousand ten, and two million two hundred eighty thousand dollars for
the period January first, two thousand eleven, through March thirty-
first, two thousand eleven, nine million one hundred twenty thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, up to eight
million six hundred twelve thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to eight million six hundred twelve
thousand dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand twenty, up
to eight million six hundred twelve thousand dollars each state fiscal
year for the period April first, two thousand twenty through March thir-
ty-first, two thousand twenty-three, and up to eight million six hundred
twelve thousand dollars each state fiscal year for the period April
first, two thousand twenty-three through March thirty-first, two thou-
sand twenty-six, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section to be allocated regionally with two-thirds of the available
funding going to New York city and one-third of the available funding
going to the rest of the state and shall be available for distribution
as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
S. 3007--A 40 A. 3007--A
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
S. 3007--A 41 A. 3007--A
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
S. 3007--A 42 A. 3007--A
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(4) establish the qualifications for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
(5) establish a methodology for the distribution of funds under ECRIP
grant awards.
(c)] Physician loan repayment program. One million nine hundred sixty
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, one million nine
hundred sixty thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, up to one million
seven hundred five thousand dollars each state fiscal year for the peri-
od April first, two thousand seventeen through March thirty-first, two
thousand twenty, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand twenty
through March thirty-first, two thousand twenty-three, and up to one
million seven hundred five thousand dollars each state fiscal year for
the period April first, two thousand twenty-three through March thirty-
first, two thousand twenty-six, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for purposes of physician
loan repayment in accordance with subdivision ten of this section.
Notwithstanding any contrary provision of this section, sections one
hundred twelve and one hundred sixty-three of the state finance law, or
any other contrary provision of law, such funding shall be allocated
regionally with one-third of available funds going to New York city and
two-thirds of available funds going to the rest of the state and shall
be distributed in a manner to be determined by the commissioner without
a competitive bid or request for proposal process as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
S. 3007--A 43 A. 3007--A
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(d)] (C) Physician practice support. Four million nine hundred thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight, four million nine hundred
thousand dollars annually for the period January first, two thousand
nine through December thirty-first, two thousand ten, one million two
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, four
million three hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, up to four million three hundred sixty thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, up to four
million three hundred sixty thousand dollars for each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-first, two thousand twenty, up to four million three hundred sixty
thousand dollars for each fiscal year for the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
and up to four million three hundred sixty thousand dollars for each
fiscal year for the period April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
purposes of physician practice support. Notwithstanding any contrary
provision of this section, sections one hundred twelve and one hundred
sixty-three of the state finance law, or any other contrary provision of
law, such funding shall be allocated regionally with one-third of avail-
able funds going to New York city and two-thirds of available funds
going to the rest of the state and shall be distributed in a manner to
be determined by the commissioner without a competitive bid or request
for proposal process as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians trained in primary or specialty tracks who thereafter estab-
lish or join practices in underserved communities, as determined by the
commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians to support
the cost of establishing or joining practices in underserved communi-
ties, as determined by the commissioner, and to hospitals and other
health care providers to recruit new physicians to provide services in
underserved communities, as determined by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
S. 3007--A 44 A. 3007--A
[(e)] (D) Work group. For funding available pursuant to paragraphs (B)
AND (c)[, (d) and (e)] of this subdivision:
(i) The department shall appoint a work group from recommendations
made by associations representing physicians, general hospitals and
other health care facilities to develop a streamlined application proc-
ess by June first, two thousand twelve.
(ii) Subject to available funding, applications shall be accepted on a
continuous basis. The department shall provide technical assistance to
applicants to facilitate their completion of applications. An applicant
shall be notified in writing by the department within ten days of
receipt of an application as to whether the application is complete and
if the application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt of
a complete application.
[(f)] (E) Study on physician workforce. Five hundred ninety thousand
dollars annually for the period January first, two thousand eight
through December thirty-first, two thousand ten, one hundred forty-eight
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, five hundred sixteen
thousand dollars each state fiscal year for the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, up to
four hundred eighty-seven thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, up to four hundred eighty-seven thousand
dollars for each state fiscal year for the period April first, two thou-
sand seventeen through March thirty-first, two thousand twenty, up to
four hundred eighty-seven thousand dollars each state fiscal year for
the period April first, two thousand twenty through March thirty-first,
two thousand twenty-three, and up to four hundred eighty-seven thousand
dollars each state fiscal year for the period April first, two thousand
twenty-three through March thirty-first, two thousand twenty-six, shall
be set aside and reserved by the commissioner from the regional pools
established pursuant to subdivision two of this section and shall be
available to fund a study of physician workforce needs and solutions
including, but not limited to, an analysis of residency programs and
projected physician workforce and community needs. The commissioner
shall enter into agreements with one or more organizations to conduct
such study based on a request for proposal process.
[(g)] (F) Diversity in medicine/post-baccalaureate program. Notwith-
standing any inconsistent provision of section one hundred twelve or one
hundred sixty-three of the state finance law or any other law, one
million nine hundred sixty thousand dollars annually for the period
January first, two thousand eight through December thirty-first, two
thousand ten, four hundred ninety thousand dollars for the period Janu-
ary first, two thousand eleven through March thirty-first, two thousand
eleven, one million seven hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, up to one million six hundred five
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen, up
to one million six hundred five thousand dollars each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-first, two thousand twenty, up to one million six hundred five thou-
sand dollars each state fiscal year for the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
and up to one million six hundred five thousand dollars each state
S. 3007--A 45 A. 3007--A
fiscal year for the period April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
distributions to the Associated Medical Schools of New York to fund its
diversity program including existing and new post-baccalaureate programs
for minority and economically disadvantaged students and encourage
participation from all medical schools in New York. The associated
medical schools of New York shall report to the commissioner on an annu-
al basis regarding the use of funds for such purpose in such form and
manner as specified by the commissioner.
[(h)] (G) In the event there are undistributed funds within amounts
made available for distributions pursuant to this subdivision, such
funds may be reallocated and distributed in current or subsequent
distribution periods in a manner determined by the commissioner for any
purpose set forth in this subdivision.
12. Notwithstanding any provision of law to the contrary, applications
submitted on or after April first, two thousand sixteen, for the physi-
cian loan repayment program pursuant to paragraph [(c)] (B) of subdivi-
sion five-a of this section and subdivision ten of this section or the
physician practice support program pursuant to paragraph [(d)] (C) of
subdivision five-a of this section, shall be subject to the following
changes:
(a) Awards shall be made from the total funding available for new
awards under the physician loan repayment program and the physician
practice support program, with neither program limited to a specific
funding amount within such total funding available;
(b) An applicant may apply for an award for either physician loan
repayment or physician practice support, but not both;
(c) An applicant shall agree to practice for three years in an under-
served area and each award shall provide up to forty thousand dollars
for each of the three years; and
(d) To the extent practicable, awards shall be timed to be of use for
job offers made to applicants.
§ 4. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 8 of part Y of
chapter 56 of the laws of 2020, is amended to read as follows:
(xvi) provided further, however, for periods prior to July first, two
thousand nine, amounts set forth in this paragraph shall be reduced by
an amount equal to the actual distribution reductions for all facilities
pursuant to paragraph [(s)] (O) of subdivision one of section twenty-
eight hundred seven-m of this article.
§ 5. Subdivision (c) of section 92-dd of the state finance law, as
amended by section 9 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
(c) The pool administrator shall, from appropriated funds transferred
to the pool administrator from the comptroller, continue to make
payments as required pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-m (not including payments made pursuant to
SUBDIVISION FIVE-B AND paragraphs (B), (c)[, (d),, (f)] and [(g)] (F) of
subdivision five-a of section twenty-eight hundred seven-m), and twen-
ty-eight hundred seven-w of the public health law, paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of the
public health law, paragraphs (b) and (c) of subdivision thirty of
section twenty-eight hundred seven-c of the public health law, paragraph
(b) of subdivision eighteen of section twenty-eight hundred eight of the
S. 3007--A 46 A. 3007--A
public health law, subdivision seven of section twenty-five hundred-d of
the public health law and section eighty-eight of chapter one of the
laws of nineteen hundred ninety-nine.
§ 6. Article 27-H of the public health law, as added by chapter 550 of
the laws of 1998, is REPEALED.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART I
Section 1. Subdivision 1 of section 4148 of the public health law, as
added by chapter 352 of the laws of 2013, is amended to read as follows:
1. The department is hereby authorized and directed to design, imple-
ment and maintain an electronic death registration system for collect-
ing, storing, recording, transmitting, amending, correcting and authen-
ticating information, as necessary and appropriate to complete a death
registration, and to generate such documents as determined by the
department in relation to a death occurring in this state. As part of
the design and implementation of the system established by this section,
the department shall consult with all persons authorized to use such
system to the extent practicable and feasible. [The payment referenced
in subdivision five of this section shall be collected for each burial
or removal permit issued on or after the effective date of this section
from the licensed funeral director or undertaker to whom such permit is
issued, in the manner specified by the department and shall be used
solely for the purpose set forth in subdivision five of this section.]
Except as specifically provided in this section, the existing general
duties of, and remuneration received by, local registrars in accepting
and filing certificates of death and issuing burial and removal permits
pursuant to any statute or regulation shall be maintained, and not
altered or abridged in any way by this section.
§ 2. Subdivision 5 of section 4148 of the public health law is
REPEALED.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART J
Section 1. The opening paragraph of subdivision 3 of section 2825-g of
the public health law, as added by section 1 of part K of chapter 57 of
the laws of 2022, is amended to read as follows:
Notwithstanding subdivision two of this section or any inconsistent
provision of law to the contrary, and upon approval of the director of
the budget, the commissioner may, subject to the availability of lawful
appropriation, award up to four hundred fifty million dollars of the
funds made available pursuant to this section for unfunded project
applications submitted in response to the request for application number
18406 issued by the department on September thirtieth, two thousand
twenty-one pursuant to section twenty-eight hundred twenty-five-f of
this article. Authorized amounts to be awarded pursuant to applications
submitted in response to the request for application number 18406 shall
be awarded no later than [December thirty-first, two thousand twenty-
two] FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-THREE. Provided, howev-
er, that a minimum of:
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
S. 3007--A 47 A. 3007--A
PART K
Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 2806-a of the
public health law, as added by section 50 of part E of chapter 56 of the
laws of 2013, paragraph (g) of subdivision 1 as added by section 7,
paragraph (a) of subdivision 2 as amended by section 8, and subparagraph
(iii) of paragraph (c) of subdivision 5 as amended by section 9 of part
K of chapter 57 of the laws of 2015, are amended to read as follows:
1. For the purposes of this section:
(a) "adult care facility" shall mean an adult home or enriched housing
program licensed pursuant to article seven of the social services law or
an assisted living residence licensed pursuant to article forty-six-B of
this chapter;
(b) "established operator" shall mean the operator of [an adult care
facility, a general hospital or a diagnostic and treatment center that
has been established and issued an operating certificate as such pursu-
ant to this article] A FACILITY, INCLUDING CORPORATIONS ESTABLISHED
PURSUANT TO ARTICLE TEN-C OF THE PUBLIC AUTHORITIES LAW;
(c) "facility" shall mean (i) a general hospital or a diagnostic and
treatment center that has been issued an operating certificate as such
pursuant to this article; or (ii) an adult care facility;
(d) "temporary operator" shall mean any person or entity that:
(i) agrees to operate a facility on a temporary basis in the best
interests of its residents or patients and the community served by the
facility; and
(ii) has demonstrated that [he or she has] THEY HAVE the character,
competence and financial ability to operate the facility in compliance
with applicable standards;
(e) "serious financial instability" shall include but not be limited
to defaulting or violating key covenants of loans, or missed mortgage
payments, or general untimely payment of obligations, including but not
limited to employee benefit fund, PAYROLL OR payroll tax, and insurance
premium obligations, or failure to maintain required debt service cover-
age ratios or, as applicable, factors that have triggered a written
event of default notice to the department by the dormitory authority of
the state of New York; and
(f) "extraordinary financial assistance" shall mean state funds
provided to a facility upon such facility's request for the purpose of
assisting the facility to address serious financial instability. Such
funds may be derived from existing programs within the department,
special appropriations, or other funds.
(g) "improper delegation of management authority by the governing
authority or operator" of a general hospital shall include, but not be
limited to, the delegation to an entity that has not been established as
an operator of the general hospital of (i) authority to hire or fire the
administrator or other key management employees; (ii) maintenance and
control of the books and records; (iii) authority over the disposition
of assets and the incurring of liabilities on behalf of the facility;
and (iv) the adoption and enforcement of policies regarding the opera-
tion of the facility. The criteria set forth in this paragraph shall not
be the sole determining factors, but indicators to be considered with
such other factors that may be pertinent in particular instances.
Professional expertise shall be exercised in the utilization of the
criteria. All of the listed indicia need not be present in a given
instance for there to be an improper delegation of authority.
S. 3007--A 48 A. 3007--A
2. (a) In the event that: (i) a facility seeks extraordinary financial
assistance [and] OR the commissioner finds that the facility is experi-
encing serious financial instability that is jeopardizing existing or
continued access to essential services within the community[,]; or (ii)
the commissioner finds that there are conditions within the facility
that seriously endanger the life, health or safety of residents or
patients[, the commissioner may appoint a temporary operator to assume
sole control and sole responsibility for the operations of that facili-
ty,]; or (iii) the commissioner finds that there has been an improper
delegation of management authority by the governing authority or opera-
tor of a general hospital[,]; the commissioner [shall] MAY appoint a
temporary operator to assume sole control and sole responsibility for
the operations of that facility. The appointment of the temporary opera-
tor shall be effectuated pursuant to this section and shall be in addi-
tion to any other remedies provided by law.
(b) The established operator of a facility may at any time request the
commissioner to appoint a temporary operator. Upon receiving such a
request, the commissioner may, if [he or she determines] THEY DETERMINE
that such an action is necessary to restore or maintain the provision of
quality care to the residents or patients, or alleviate the facility's
financial instability, enter into an agreement with the established
operator for the appointment of a temporary operator to assume sole
control and sole responsibility for the operations of that facility.
3. (a) A temporary operator appointed pursuant to this section shall,
[prior to his or her] WITHIN THIRTY DAYS OF THEIR appointment as tempo-
rary operator, provide the commissioner with a work plan satisfactory to
the commissioner to address the facility's deficiencies and serious
financial instability and a schedule for implementation of such plan. [A
work plan shall not be required prior to the appointment of the tempo-
rary operator pursuant to clause (ii) of paragraph (a) of subdivision
two of this section if the commissioner has determined that the immedi-
ate appointment of a temporary operator is necessary because public
health or safety is in imminent danger or there exists any condition or
practice or a continuing pattern of conditions or practices which poses
imminent danger to the health or safety of any patient or resident of
the facility. Where such immediate appointment has been found to be
necessary, the temporary operator shall provide the commissioner with a
work plan satisfactory to the commissioner as soon as practicable.]
(b) The temporary operator shall use [his or her] THEIR best efforts
to implement the work plan provided to the commissioner, if applicable,
and to correct or eliminate any deficiencies or financial instability in
the facility and to promote the quality and accessibility of health care
services in the community served by the facility. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE TEMPORARY OPERATOR'S AUTHORITY SHALL
INCLUDE, BUT NOT BE LIMITED TO, HIRING OR FIRING OF THE FACILITY ADMIN-
ISTRATOR AND OTHER KEY MANAGEMENT EMPLOYEES; MAINTENANCE AND CONTROL OF
THE BOOKS AND RECORDS; AUTHORITY OVER THE DISPOSITION OF ASSETS AND THE
INCURRING OF LIABILITIES ON BEHALF OF THE FACILITY; AND THE ADOPTION AND
ENFORCEMENT OF POLICIES REGARDING THE OPERATION OF THE FACILITY. Such
correction or elimination of deficiencies or serious financial instabil-
ity shall not include major alterations of the physical structure of the
facility. During the term of [his or her] THEIR appointment, the tempo-
rary operator shall have the sole authority to direct the management of
the facility in all aspects of operation and shall be afforded full
access to the accounts and records of the facility. The temporary opera-
tor shall, during this period, operate the facility in such a manner as
S. 3007--A 49 A. 3007--A
to promote safety and the quality and accessibility of health care
services or residential care in the community served by the facility.
The temporary operator shall have the power to let contracts therefor or
incur expenses on behalf of the facility, provided that where individual
items of repairs, improvements or supplies exceed ten thousand dollars,
the temporary operator shall obtain price quotations from at least three
reputable sources. The temporary operator shall not be required to file
any bond. No security interest in any real or personal property
comprising the facility or contained within the facility, or in any
fixture of the facility, shall be impaired or diminished in priority by
the temporary operator. Neither the temporary operator nor the depart-
ment shall engage in any activity that constitutes a confiscation of
property without the payment of fair compensation.
4. The temporary operator shall be entitled to a reasonable fee, as
determined by the commissioner, and necessary expenses incurred during
[his or her] THEIR performance as temporary operator, to be paid from
the revenue of the facility. The temporary operator shall collect incom-
ing payments from all sources and apply them to the reasonable fee and
to costs incurred in the performance of [his or her] THEIR functions as
temporary operator in correcting deficiencies and causes of serious
financial instability. The temporary operator shall be liable only in
[his or her] THEIR capacity as temporary operator for injury to person
and property by reason of conditions of the facility in a case where an
established operator would have been liable; [he or she] THEY shall not
have any liability in [his or her] THEIR personal capacity, except for
gross negligence and intentional acts.
5. (a) The initial term of the appointment of the temporary operator
shall not exceed one hundred eighty days. After one hundred eighty days,
if the commissioner determines that termination of the temporary opera-
tor would cause significant deterioration of the quality of, or access
to, health care or residential care in the community or that reappoint-
ment is necessary to correct the conditions within the facility that
seriously endanger the life, health or safety of residents or patients,
or the financial instability that required the appointment of the tempo-
rary operator, the commissioner may authorize up to two additional
[ninety-day] ONE HUNDRED EIGHTY-DAY terms.
(b) Upon the completion of the [two ninety-day] UP TO THREE ONE
HUNDRED EIGHTY-DAY terms referenced in paragraph (a) of this subdivi-
sion,
(i) if the established operator is the debtor in a bankruptcy proceed-
ing, and the commissioner determines that the temporary operator
requires additional terms to operate the facility during the pendency of
the bankruptcy proceeding and to carry out any plan resulting from the
proceeding, the commissioner may reappoint the temporary operator for
additional ninety-day terms until the termination of the bankruptcy
proceeding, provided that the commissioner shall provide for notice and
a hearing as set forth in subdivision six of this section; or
(ii) if the established operator requests the reappointment of the
temporary operator, the commissioner may reappoint the temporary opera-
tor for one additional ninety-day term, pursuant to an agreement between
the established operator, the temporary operator and the department.
(c) [Within fourteen] NO SOONER THAN SIXTY DAYS AND NO LATER THAN
THIRTY days prior to the termination of each term of the appointment of
the temporary operator, the temporary operator shall submit to the
commissioner and to the established operator a report describing:
S. 3007--A 50 A. 3007--A
(i) the actions taken during the appointment to address [such] THE
deficiencies and financial instability THAT LED TO APPOINTMENT OF THE
TEMPORARY OPERATOR,
(ii) objectives for the continuation of the temporary operatorship if
necessary and a schedule for satisfaction of such objectives,
(iii) recommended actions for the ongoing operation of the facility
subsequent to the term of the temporary operator including recommenda-
tions regarding the proper management of the facility and ongoing agree-
ments with individuals or entities with proper delegation of management
authority; and
(iv) [with respect to the first ninety-day term referenced in para-
graph (a) of this subdivision,] a plan AND TIMELINE for sustainable
operation to avoid closure, or FOR THE transformation of the facility
which may include any option permissible under this chapter or the
social services law and implementing regulations thereof; AND, WHERE
APPLICABLE, A RECOMMENDATION WITH RATIONALE FOR AN ADDITIONAL TEMPORARY
OPERATOR TERM. The report shall reflect best efforts to produce a full
and complete accounting.
EACH REPORT PURSUANT TO THIS PARAGRAPH SHALL BE REVIEWED BY THE COMMIS-
SIONER, WHO MAY CONSULT WITH THE TEMPORARY OPERATOR AND THE ESTABLISHED
OPERATOR AND MAKE MODIFICATIONS IF NECESSARY. PRIOR TO EXPIRATION OF THE
TEMPORARY OPERATOR'S FINAL TERM, A FINAL REPORT SHALL BE SUBMITTED BY
THE TEMPORARY OPERATOR AND APPROVED BY THE COMMISSIONER. THE ESTAB-
LISHED OPERATOR SHALL IMPLEMENT THE RECOMMENDED ACTIONS ACCORDING TO THE
FINAL REPORT. IF THE ESTABLISHED OPERATOR AT ANY TIME DEMONSTRATES
UNWILLINGNESS TO MAKE OR IMPLEMENT CHANGES IDENTIFIED IN THE FINAL
REPORT, THE COMMISSIONER MAY EXTEND THE TERM OF, OR REINSTATE, THE
TEMPORARY OPERATOR, AND/OR THE COMMISSIONER MAY MOVE TO AMEND OR REVOKE
THE ESTABLISHED OPERATOR'S OPERATING CERTIFICATE.
(d) The term of the initial appointment and of any subsequent reap-
pointment may be terminated prior to the expiration of the designated
term, if the established operator and the commissioner agree on a plan
of correction and the implementation of such plan.
6. (a) The commissioner, upon making a determination to appoint a
temporary operator pursuant to paragraph (a) of subdivision two of this
section shall, prior to the commencement of the appointment, cause the
established operator of the facility to be notified of the determination
by registered or certified mail addressed to the principal office of the
established operator. Such notification shall include a detailed
description of the findings underlying the determination to appoint a
temporary operator, and the date and time of a required meeting with the
commissioner and/or [his or her] THEIR designee within ten business days
of the date of such notice. At such meeting, the established operator
shall have the opportunity to review and discuss all relevant findings.
At such meeting [or within ten additional business days,] the commis-
sioner and the established operator shall attempt to develop a mutually
satisfactory plan of correction and schedule for implementation. In the
event such plan of correction is agreed upon, the commissioner shall
notify the established operator that the commissioner no longer intends
to appoint a temporary operator. A meeting shall not be required prior
to the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
S. 3007--A 51 A. 3007--A
patient or resident of the facility. Where such immediate appointment
has been found to be necessary, the commissioner shall provide the
established operator with a notice as required under this paragraph on
the date of the appointment of the temporary operator.
(b) Should the commissioner and the established operator be unable to
establish a plan of correction pursuant to paragraph (a) of this subdi-
vision, or should the established operator fail to respond to the
commissioner's initial notification, a temporary operator shall be
appointed as soon as is practicable and shall operate pursuant to the
provisions of this section.
(c) The established operator shall be afforded an opportunity for an
administrative hearing on the commissioner's determination to appoint a
temporary operator. [Such administrative hearing shall occur prior to
such appointment, except that the hearing shall not be required prior to
the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility.] An administrative hearing as
provided for under this paragraph shall begin no later than [sixty]
THIRTY days from the date [of the notice to the established operator]
THE TEMPORARY OPERATOR IS APPOINTED and shall not be extended without
the consent of both parties. Any such hearing shall be strictly limited
to the issue of whether the determination of the commissioner to appoint
a temporary operator is supported by substantial evidence. A [copy of
the] decision shall be MADE AND sent to the [established operator]
PARTIES NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THE HEARING.
(d) The commissioner shall, upon making a determination to reappoint a
temporary operator for the first of an additional [ninety-day] ONE
HUNDRED EIGHTY-DAY term pursuant to paragraph (a) of subdivision five of
this section, cause the established operator of the facility to be noti-
fied of the determination by registered or certified mail addressed to
the principal office of the established operator. If the commissioner
determines that additional reappointments pursuant to subparagraph (i)
of paragraph (b) of subdivision five of this section are required, the
commissioner shall again cause the established operator of the facility
to be notified of such determination by registered or certified mail
addressed to the principal office of the established operator at the
commencement of the first of every two additional terms. Upon receipt of
such notification at the principal office of the established operator
and before the expiration of ten days thereafter, the established opera-
tor may request an administrative hearing on the determination, to begin
no later than [sixty] THIRTY days from the date of the reappointment of
the temporary operator. Any such hearing shall be strictly limited to
the issue of whether the determination of the commissioner to reappoint
the temporary operator is supported by substantial evidence.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 2806-a of the public health law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART L
S. 3007--A 52 A. 3007--A
Section 1. Section 18-c of the public health law, as added by section
4 of part O of chapter 57 of the laws of 2024, is amended to read as
follows:
§ 18-c. Separate patient consent for treatment and payment for health
care services. Informed consent from a patient to provide any treatment,
procedure, examination or other direct health care services shall be
obtained separately from such patient's consent to pay for the services.
Consent to pay for any NON-EMERGENCY health care services by a patient
shall not be given prior to [the patient receiving such services and]
discussing treatment costs. For purposes of this section, "consent"
means an action which: (a) clearly and conspicuously communicates the
individual's authorization of an act or practice; (b) is made in the
absence of any mechanism in the user interface that has the purpose or
substantial effect of obscuring, subverting, or impairing decision-mak-
ing or choice to obtain consent; and (c) cannot be inferred from
inaction.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART M
Section 1. Subdivision 4 of section 2805-a of the public health law,
as renumbered by chapter 2 of the laws of 1988, is renumbered subdivi-
sion 5 and a new subdivision 4 is added to read as follows:
4. EVERY GENERAL HOSPITAL OPERATING UNDER THE PROVISIONS OF THIS ARTI-
CLE SHALL FILE WITH THE COMMISSIONER, IN A FORMAT PRESCRIBED BY THE
DEPARTMENT, WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE END OF ITS FISCAL
YEAR, A CERTIFIED REPORT, TO BE CONSPICUOUSLY POSTED ON THE DEPARTMENT'S
WEBSITE, SHOWING HOW THE HOSPITAL SPENT COMMUNITY BENEFIT EXPENSES,
INCLUDING BUT NOT LIMITED TO:
(A) FINANCIAL ASSISTANCE AT COST, WHICH SHALL INCLUDE ANY FREE OR
DISCOUNTED SERVICES FOR THOSE WHO CANNOT AFFORD TO PAY AND MEET THE
HOSPITAL'S FINANCIAL ASSISTANCE CRITERIA;
(B) UNREIMBURSED COSTS FROM MEDICAID;
(C) UNREIMBURSED COSTS FROM THE CHILDREN'S HEALTH INSURANCE PROGRAM OR
OTHER MEANS-TESTED GOVERNMENT PROGRAMS;
(D) COMMUNITY HEALTH IMPROVEMENT SERVICES AND COMMUNITY BENEFIT OPER-
ATIONS, WHICH SHALL INCLUDE COSTS ASSOCIATED WITH PLANNING OR OPERATING
COMMUNITY BENEFIT PROGRAMS, BUT SHALL NOT INCLUDE ACTIVITIES OR PROGRAMS
IF THEY ARE PROVIDED PRIMARILY FOR MARKETING PURPOSES OR IF THEY ARE
MORE BENEFICIAL TO THE HOSPITAL THAN TO THE COMMUNITY;
(E) HEALTH PROFESSIONS EDUCATION PROGRAMS THAT RESULT IN A DEGREE OR
CERTIFICATE OR TRAINING NECESSARY FOR RESIDENTS OR INTERNS TO BE CERTI-
FIED;
(F) SUBSIDIZED HEALTH SERVICES, WHICH SHALL INCLUDE SERVICES WITH A
NEGATIVE MARGIN, SERVICES THAT MEET AN IDENTIFIABLE COMMUNITY NEED AND
SERVICES THAT IF NO LONGER OFFERED WOULD BE UNAVAILABLE OR FALL TO THE
RESPONSIBILITY OF ANOTHER NONPROFIT OR GOVERNMENT AGENCY;
(G) RESEARCH THAT PRODUCES GENERALIZABLE KNOWLEDGE AND IS FUNDED BY
TAX-EXEMPT SOURCES;
(H) CASH AND IN-KIND CONTRIBUTIONS FOR COMMUNITY BENEFIT, FOR WHICH
IN-KIND DONATIONS MAY INCLUDE THE INDIRECT COST OF SPACE DONATED TO
COMMUNITY GROUPS AND THE DIRECT COST OF DONATED FOOD OR SUPPLIES; AND
(I) HOW SUCH COMMUNITY BENEFIT EXPENSES SUPPORT THE PRIORITIES OF NEW
YORK STATE, AS OUTLINED IN GUIDANCE, INCLUDING BUT NOT LIMITED TO THE
NEW YORK STATE PREVENTION AGENDA AS DEVELOPED BY THE DEPARTMENT.
S. 3007--A 53 A. 3007--A
§ 2. This act shall take effect October 1, 2025. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART N
Section 1. Subdivision 1 of section 250 of the public health law, as
added by chapter 338 of the laws of 1998, is amended to read as follows:
1. A spinal cord injury research board is hereby created within the
department for the purpose of administering spinal cord injury research
projects and administering the spinal cord injury research trust fund
created pursuant to section ninety-nine-f of the state finance law. The
purpose of research projects administered by the board shall be [neuro-
logical] research towards TREATMENT AND a cure for such injuries and
their effects INCLUDING, BUT NOT LIMITED TO, HEALTH-RELATED QUALITY OF
LIFE IMPROVEMENTS. The members of the spinal cord injury research board
shall include but not be limited to representatives of the following
fields: neuroscience, neurology, neuro-surgery, neuro-pharmacology, and
spinal cord rehabilitative medicine. The board shall be composed of
thirteen members, seven of whom shall be appointed by the governor, two
of whom shall be appointed by the temporary president of the senate, two
of whom shall be appointed by the speaker of the assembly, one of whom
shall be appointed by the minority leader of the senate, and one of whom
shall be appointed by the minority leader of the assembly.
§ 2. Subdivision 2 of section 251 of the public health law, as added
by chapter 338 of the laws of 1998, is amended to read as follows:
2. Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the spinal cord injury research trust fund, created pursuant
to section ninety-nine-f of the state finance law, to conduct research
programs which focus on the treatment and cure of spinal cord [injury]
INJURIES AND THEIR EFFECTS. The board shall make recommendations to the
commissioner, and the commissioner shall, in [his or her] THEIR
discretion, grant approval of applications for grants from those appli-
cations recommended by the board.
§ 3. This act shall take effect immediately.
PART O
Section 1. Subdivision (b) of schedule I of section 3306 of the public
health law is amended and eighteen new paragraphs 93, 94, 95, 96, 97,
98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109 and 110 are
added to read as follows:
(b) Opiates. Unless specifically excepted or unless listed in another
schedule, any of the following opiates, including their isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, whenever the
existence of such isomers, esters, ethers and salts is possible within
the specific chemical designation (for purposes of [3-methylfentanyl]
3-METHYLTHIOFENTANYL only, the term isomer includes the optical and
geometric isomers):
(93) 1-METHOXY-3-{4-(2-METHOXY-2-PHENYLETHYL)PIPERAZIN-1-YL}-1-PHENYLP
ROPAN-2-OL. OTHER NAME: ZIPEPROL.
(94) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)E
THAN-1-AMINE. OTHER NAME: METONITAZENE.
S. 3007--A 54 A. 3007--A
(95) N-(3-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
OTHER NAME: META-FLUOROFENTANYL.
(96) N-(3-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: META-FLUOROISOBUTYRYL FENTANYL.
(97) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXA
MIDE. OTHER NAME: PARA-METHOXYFURANYLFENTANYL.
(98) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-3-CARBOXAMIDE. OTHER
NAME: 3-FURANYL FENTANYL.
(99) N-(1-(2,5-DIMETHOXYPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLPROPIONA
MIDE. OTHER NAME: 2',5'-DIMETHOXYFENTANYL.
(100) 3-METHYL-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTANAMIDE. OTHER
NAME: ISOVALERYL FENTANYL.
(101) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXA
MIDE. OTHER NAME: ORTHO-FLUOROFURANYLFENTANYL.
(102) 2-METHYL-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTANAMIDE. OTHER
NAME: ALPHA'-METHYL BUTYRYL FENTANYL.
(103) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)CYCLOPROPANECAR
BOXAMIDE. OTHER NAME: PARA-METHYLCYCLOPROPYL FENTANYL.
(104) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-
AMINE. OTHER NAMES: ETODESNITAZENE; ETAZENE.
(105) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H-BENZI
MIDAZOLE. OTHER NAMES: N-PYRROLIDINOETONITAZENE; ETONITAZEPYNE.
(106) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE.
(107) 1-(2-METHYL-4-(3-PHENYLPROP-2-EN-1-YL)PIPERAZIN-1-YL)BUTAN-1-
ONE. OTHER NAME: 2-METHYL AP-237.
(108) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYL
ETHAN-1-AMINE. OTHER NAME: BUTONITAZENE.
(109) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)
ETHAN-1-AMINE. OTHER NAME: FLUNITAZENE.
(110) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1-
AMINE). OTHER NAME: METODESNITAZENE.
§ 2. Paragraphs 11 and 36 of subdivision (d) of schedule I of section
3306 of the public health law, paragraph 11 as added by chapter 664 of
the laws of 1985 and paragraph 36 as added by section 5 of part BB of
chapter 57 of the laws of 2018, are amended to read as follows:
(11) [Ibogane] IBOGAINE. Some trade and other names: [7-ethyl-6, 6&,
7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido
{1',2':1,2} azepino {5,4-b} indole: tabernanthe iboga.]
7-ETHYL-6,6&,7,8,9,10,12,13-OCTAHYDRO-2-METHOXY-6, 9-METHANO-5H-PYRIDO{1'
,2':1,2} AZEPINO {5,4-B} INDOLE; TABERNANTHE IBOGA.
(36) 5-methoxy-N,N-dimethyltryptamine. SOME TRADE OR OTHER NAMES:
5-METHOXY-3-{2-(DIMETHYLAMINO)ETHYL}INDOLE; 5-MEO-DMT.
§ 3. Subdivision (d) of schedule I of section 3306 of the public
health law is amended by adding nineteen new paragraphs 32, 39, 40, 41,
42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 to read as
follows:
(32) 4-METHYL-N-ETHYLCATHINONE. SOME TRADE OR OTHER NAMES: 4-MEC.
(39) 4-METHYL-ALPHA-PYRROLIDINOPROPIOPHENONE. SOME TRADE OR OTHER
NAMES: 4-MEPPP.
(40) ALPHA-PYRROLIDINOPENTIOPHENONE. SOME TRADE OR OTHER NAMES: @-PVP.
(41) 1-(1,3-BENZODIOXOL-5-YL)-2-(METHYLAMINO)BUTAN-1-ONE. SOME TRADE
OR OTHER NAMES: BUTYLONE; BK-MBDB.
(42) 2-(METHYLAMINO)-1-PHENYLPENTAN-1-ONE. SOME TRADE OR OTHER NAMES:
PENTEDRONE.
S. 3007--A 55 A. 3007--A
(43) 1-(1,3-BENZODIOXOL-5-YL)-2-(METHYLAMINO)PENTAN-1-ONE. SOME TRADE
OR OTHER NAMES: PENTYLONE; BK-MBDP.
(44) 1-(NAPHTHALEN-2-YL)-2-(PYRROLIDIN-1-YL)PENTAN-1-ONE. SOME TRADE
OR OTHER NAMES: NAPHYRONE.
(45) ALPHA-PYRROLIDINOBUTIOPHENONE. SOME TRADE OR OTHER NAMES: @-PBP.
(46) 1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)PROPAN-1-ONE. SOME TRADE
OR OTHER NAMES: ETHYLONE.
(47) N-ETHYLPENTYLONE. SOME TRADE OR OTHER NAMES: EPHYLONE;
1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)PENTAN-1-ONE).
(48) 1-(4-METHOXYPHENYL)-N-METHYLPROPAN-2-AMINE. SOME TRADE OR OTHER
NAMES: PARAMETHOXYMETHAMPHETAMINE; PMMA.
(49) N-ETHYLHEXEDRONE. SOME TRADE OR OTHER NAMES: @-ETHYLAMINOHEXANO
PHENONE; 2-(ETHYLAMINO)-1-PHENYLHEXAN-1-ONE.
(50) ALPHA-PYRROLIDINOHEXANOPHENONE. SOME TRADE OR OTHER NAMES: @-PHP;
1-PHENYL-2-(PYRROLIDIN-1-YL)HEXAN-1-ONE.
(51) 4-METHYL-ALPHA-ETHYLAMINOPENTIOPHENONE. SOME TRADE OR OTHER
NAMES: 4-MEAP; 2-(ETHYLAMINO)-1-(4-METHYLPHENYL)PENTAN-1-ONE.
(52) 4'-METHYL-ALPHA-PYRROLIDINOHEXIOPHENONE. SOME TRADE OR OTHER
NAMES: MPHP; 4'-METHYL-ALPHA-PYRROLIDINOHEXANOPHENONE; 1-(4-METHYLPHE
NYL)-2-(PYRROLIDIN-1-YL)HEXAN-1-ONE.
(53) ALPHA-PYRROLIDINOHEPTAPHENONE. SOME TRADE OR OTHER NAMES: PV8;
1-PHENYL-2-(PYRROLIDIN-1-YL)HEPTAN-1-ONE.
(54) 4'-CHLORO-ALPHA-PYRROLIDINOVALEROPHENONE. SOME TRADE OR OTHER
NAMES: 4-CHLORO-@-PVP; 4'-CHLORO-ALPHA-PYRROLIDINOPENTIOPHENONE; 1-(4-
CHLOROPHENYL)-2-(PYRROLIDIN-1-YL)PENTAN-1-ONE.
(55) 2-(ETHYLAMINO)-2-(3-METHOXYPHENYL)CYCLOHEXAN-1-ONE. SOME TRADE OR
OTHER NAMES: METHOXETAMINE; MXE.
(56) 1-(1,3-BENZODIOXOL-5-YL)-2-(ETHYLAMINO)BUTAN-1-ONE. SOME TRADE OR
OTHER NAMES: EUTYLONE; BK-EBDB.
§ 4. Subdivision (e) of schedule I of section 3306 of the public
health law is amended by adding five new paragraphs 7, 8, 9, 10 and 11
to read as follows:
(7) 4-(2-CHLOROPHENYL)-2-ETHYL-9-METHYL-6H-THIENO{3,2-F}{1,2,4}TRIAZOL
O{4,3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: ETIZOLAM.
(8) 8-CHLORO-6-(2-FLUOROPHENYL)-1-METHYL-4H-BENZO{F}{1,2,4}TRIAZOLO{4,
3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: FLUALPRAZOLAM.
(9) 6-(2-CHLOROPHENYL)-1-METHYL-8-NITRO-4H-BENZO{F}{1,2,4}TRIAZOLO{4,3
-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: CLONAZOLAM.
(10) 8-BROMO-6-(2-FLUOROPHENYL)-1-METHYL-4H-BENZO{F}{1,2,4}TRIAZOLO{4,
3-A}{1,4}DIAZEPINE. SOME TRADE OR OTHER NAMES: FLUBROMAZOLAM.
(11) 7-CHLORO-5-(2-CHLOROPHENYL)-1-METHYL-1,3-DIHYDRO-2H-BENZO{E}{1,4}
DIAZEPIN-2-ONE. SOME TRADE OR OTHER NAMES: DICLAZEPAM.
§ 5. Paragraphs 13 and 14 of subdivision (f) of schedule I of section
3306 of the public health law, as added by chapter 341 of the laws of
2013, are amended and five new paragraphs 25, 26, 27, 28, and 29 are
added to read as follows:
(13) 3-Fluoromethcathinone. SOME TRADE OR OTHER NAMES: 3-FLUORO-N
-METHYLCATHINONE; 3-FMC.
(14) 4-Fluoromethcathinone. SOME TRADE OR OTHER NAMES: 4-FLUORO-N-
METHYLCATHINONE; 4-FMC; FLEPHEDRONE.
(25) 7-{(10,11-DIHYDRO-5H-DIBENZO{A,D}CYCLOHEPTEN-5-YL)AMINO}HEPTANOIC
ACID. OTHER NAME: AMINEPTINE.
(26) N-PHENYL-N'-(3-(1-PHENYLPROPAN-2-YL)-1,2,3-OXADIAZOL-3-IUM-5-YL)
CARBAMIMIDATE. OTHER NAME: MESOCARB.
(27) N-METHYL-1-(THIOPHEN-2-YL)PROPAN-2-AMINE. OTHER NAME: METHIOPRO-
PAMINE.
S. 3007--A 56 A. 3007--A
(28) 4,4'-DIMETHYLAMINOREX. SOME TRADE OR OTHER NAMES: 4,4'-DMAR; 4,5-
DIHYDRO-4-METHYL-5-(4-METHYLPHENYL)-2-OXAZOLAMINE; 4-METHYL-5-(4-METHYL
PHENYL)-4,5-DIHYDRO-1,3-OXAZOL-2-AMINE.
(29) ETHYL 2-PHENYL-2-(PIPERIDIN-2-YL)ACETATE. OTHER NAME: ETHYLPHENI-
DATE.
§ 6. Paragraphs 2, 6 and 10 of subdivision (g) of schedule I of
section 3306 of the public health law, as added by section 7 of part BB
of chapter 57 of the laws of 2018, are amended to read as follows:
(2) [{1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopro
pyl) methanone.] {1-(5-FLUORO-PENTYL)-1H-INDOL-3-YL}(2,2,3,3-TETRAMETHYL
CYCLOPROPYL)METHANONE. Some trade names or other names: 5-fluoro-UR-
144[,]; XLR11.
(6) [N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo
[-]le-3-carboxamide.] N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROB
ENZYL)-1H-INDAZOLE-3-CARBOXAMIDE. Some trade or other names: AB- FUBINA-
CA.
(10) [{1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.]
{1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL}(NAPHTHALEN-1-YL)METHANONE. Some
trade or other names: THJ-2201.
§ 7. Subdivision (g) of schedule I of section 3306 of the public
health law is amended by adding nineteen new paragraphs 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 to read as
follows:
(11) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: MAB-CHMINACA; ADB-
CHMINACA.
(12) METHYL 2-(1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3-METHYL
BUTANOATE. SOME TRADE OR OTHER NAMES: FUB-AMB; MMB-FUBINACA; AMB-
FUBINACA.
(13) METHYL 2-(1-(CYCLOHEXYLMETHYL)-1H-INDOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-CHMICA; MMB-CHMINACA.
(14) METHYL 2-(1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-FUBINACA.
(15) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-IN
DAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: ADB-FUBINACA.
(16) N-(ADAMANTAN-1-YL)-1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: 5F-APINACA; 5F-AKB48.
(17) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3-METH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-AMB.
(18) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-
DIMETHYLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-ADB; 5F-MDMB-PINACA.
(19) NAPHTHALEN-1-YL 1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE. SOME
TRADE OR OTHER NAMES: NM2201; CBL2201.
(20) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(5-FLUOROPENTYL)-1H-INDA
ZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: 5F-AB-PINACA.
(21) 1-(4-CYANOBUTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-INDAZOLE-3-CARBOXA
MIDE. SOME TRADE OR OTHER NAMES: 4-CN-CUMYL-BUTINACA; 4-CYANO-CUMYL-
BUTINACA; 4-CN-CUMYL BINACA; CUMYL-4CN-BINACA; SGT-78.
(22) METHYL 2-(1-(CYCLOHEXYLMETHYL)-1H-INDOLE-3-CARBOXAMIDO)-3-METHYL
BUTANOATE. SOME TRADE OR OTHER NAMES: MMB-CHMICA; AMB-CHMICA.
(23) 1-(5-FLUOROPENTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-PYRROLO{2,3-B}PYRID
INE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: 5F-CUMYL-P7AICA.
(24) METHYL 2-(1-(4-FLUOROBUTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 4F-MDMB-BINACA; 4F-MDMB-
BUTINACA.
S. 3007--A 57 A. 3007--A
(25) ETHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-EDMB-PINACA.
(26) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXAMIDO)-3,3-DIMETH
YLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-MDMB-PICA; 5F-MDMB-2201.
(27) N-(ADAMANTAN-1-YL)-1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: FUB-AKB48; FUB-APINACA; AKB48
N-(4-FLUOROBENZYL).
(28) 1-(5-FLUOROPENTYL)-N-(2-PHENYLPROPAN-2-YL)-1H-INDAZOLE-3-CARBOX
AMIDE. SOME TRADE OR OTHER NAMES: 5F-CUMYL-PINACA; SGT-25.
(29) (1-(4-FLUOROBENZYL)-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPRO
PYL)METHANONE. SOME TRADE OR OTHER NAMES: FUB-144.
§ 8. Paragraph 1 of subdivision (b) of schedule II of section 3306 of
the public health law, as amended by section 1 of part C of chapter 447
of the laws of 2012, is amended to read as follows:
(1) Opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine,
NALDEMEDINE, nalmefene, NALOXEGOL, naloxone, [and] 6&-NALTREXOL,
naltrexone, AND SAMIDORPHAN, and their respective salts, but including
the following:
1. Raw opium.
2. Opium extracts.
3. Opium fluid.
4. Powdered opium.
5. Granulated opium.
6. Tincture of opium.
7. Codeine.
8. Ethylmorphine.
9. Etorphine hydrochloride.
10. Hydrocodone (also known as dihydrocodeinone).
11. Hydromorphone.
12. Metopon.
13. Morphine.
14. Oxycodone.
15. Oxymorphone.
16. Thebaine.
17. Dihydroetorphine.
18. Oripavine.
19. NOROXYMORPHONE.
§ 9. Paragraph 4 of subdivision (b) of schedule II of section 3306 of
the public health law, as amended by chapter 244 of the laws of 2016, is
amended to read as follows:
(4) Coca leaves and any salt, compound, derivative, or preparation of
coca leaves, and any salt, compound, derivative, or preparation thereof
which is chemically equivalent or identical with any of these substances
including cocaine and ecgonine, their salts, isomers, and salts of isom-
ers, except that the substances shall not include: (A) decocainized coca
leaves or extraction of coca leaves, which extractions do not contain
cocaine or ecgonine; [or] (B) {123I} ioflupane; OR (C) {18F}FP-CIT.
§ 10. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 30 to read as follows:
(30) OLICERIDINE. (N-{(3-METHOXYTHIOPHEN-2-YL)METHYL}({2-{(9R)-9-
(PYRIDIN-2-YL)-6-OXASPIRO{4.5}DECAN-9-YL}ETHYL})AMINE).
§ 11. Subdivision (f) of schedule II of section 3306 of the public
health law, as amended by chapter 589 of the laws of 1996, the undesig-
nated paragraph as amended by chapter 575 of the laws of 2001, is
amended to read as follows:
S. 3007--A 58 A. 3007--A
(f) Hallucinogenic substances.
[Nabilone: Another name for nabilone: (+,-)-trans
-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo{b,d}pyran-9-one.] (1) NABILONE. ANOTHER NAME FOR
NABILONE:(+,-)-TRANS-3-(1,1-DIMETHYLHEPTYL)-6,6A,7,8,10,10A-HEXAHYDRO-1-
HYDROXY-6,6-DIMETHYL-9H-DIBENZO{B,D}PYRAN-9-ONE.
(2) DRONABINOL {(-)-DELTA-9-TRANSTETRAHYDROCANNABINOL} IN AN ORAL
SOLUTION IN A DRUG PRODUCT APPROVED FOR MARKETING BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION.
§ 12. Subparagraph (i) of paragraph 3 of subdivision (g) of schedule
II of section 3306 of the public health law, as amended by section 2 of
part BB of chapter 57 of the laws of 2023, is amended to read as
follows:
(i) [4-anilino-N-phenenethylpiperidine] 4-ANILINO-N-PHENETHYLPIPERI
DINE (ANPP)[.];
§ 13. Subdivision (h) of schedule II of section 3306 of the public
health law, as amended by section 8 of part C of chapter 447 of the laws
of 2012, is amended to read as follows:
(h) (1) Anabolic steroids. Unless specifically excepted or unless
listed in another schedule, "anabolic steroid" shall mean any drug or
hormonal substance, chemically and pharmacologically related to testos-
terone (other than estrogens, progestins, corticosteroids and dehydroe-
piandrosterone) and includes:
[(1) 3{beta}, 17-dihydroxy-5a-androstane] (I) 3{BETA},17{BETA}-
DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane] (II) 3{ALPHA},17
{BETA}-DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(3)] (III) 5{alpha}-androstan-3,17-dione.
[(4)] (IV) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-
androst-1-ene).
[(5)] (V) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-
androst-1-ene).
[(6)] (VI) 4-androstenediol [(3{beta}, 17{beta}-dihydroxy-androst
-4-ene)] (3{BETA},17{BETA}-DIHYDROXY-ANDROST-4-ENE).
[(7)] (VII) 5-androstenediol [(3{beta},17{beta}-dihydroxy-androst-5-
ene)] (3{BETA},17{BETA}-DIHYDROXY-ANDROST-5-ENE).
[(8)] (VIII) 1-androstenedione [({5{alpha}}-androst-1-en-3,17-dione)]
(5{ALPHA}-ANDROST-1-EN-3,17-DIONE).
[(9)] (IX) 4-androstenedione (androst-4-en-3,17-dione).
[(10)] (X) 5-androstenedione (androst-5-en-3,17-dione).
[(11)] (XI) Bolasterone [(7{alpha},17{alpha}-dimethyl-17{beta}-
hydroxyandrost-4-en-3-one)] (7{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDRO
XYANDROST-4-EN-3-ONE).
[(12)] (XII) Boldenone [(17{beta}-hydroxyandrost-1, 4,-diene-3-one)]
(17{BETA}-HYDROXYANDROST-1,4-DIENE-3-ONE).
[(13)] (XIII) Boldione (androsta-1,4-diene-3,17-dione).
[(14)] (XIV) Calusterone [(7{beta},17{alpha}-dimethyl-17{beta}-
hydroxyandrost-4-en-3-one)] (7{BETA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY
ANDROST-4-EN-3-ONE).
[(15)] (XV) Clostebol [(4-chloro-17{beta}-hydroxyandrost-4-en-3-one)]
(4-CHLORO-17{BETA}-HYDROXYANDROST-4-EN-3-ONE).
[(16)] (XVI) Dehydrochloromethyltestosterone (4-chloro-17{beta}-
hydroxy-17{alpha}-methyl-androst-1, 4-dien-3-one).
[(17) {Delta} 1-dihydrotestosterone] (XVII) {DELTA}1-DIHYDROTESTOS
TERONE (a.k.a. '1-testosterone') (17{beta}-hydroxy-5{alpha}-androst-1-
en-3-one).
S. 3007--A 59 A. 3007--A
[(18)] (XVIII) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-
3-one).
[(19)] (XIX) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl
-5{alpha}-androstan-3-one).
[(20)] (XX) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-ene).
[(21)] (XXI) Fluoxymesterone [(9-fluoro-17{alpha}-methyl-11{beta}, 17
{beta}-dihydroxyandrost-4-en-3-one)] (9-FLUORO-17{ALPHA}-METHYL-
11{BETA},17{BETA}-DIHYDROXYANDROST-4-EN-3-ONE).
[(22)] (XXII) Formebolone [(2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one)] (2-FORMYL-17{ALPHA}-METHYL
-11{ALPHA},17{BETA}-DIHYDROXYANDROST-1,4-DIEN-3-ONE).
[(23)] (XXIII) Furazabol [(17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan)] (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROSTANO{2,3-C}-
FURAZAN).
[(24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one] (XXIV) 13{BETA}-
ETHYL-17{BETA}-HYDROXYGON-4-EN-3-ONE.
[(25)] (XXV) 4-hydroxytestosterone [(4, 17{beta}-dihydroxy-androst-4-
en-3-one)] (4,17{BETA}-DIHYDROXY-ANDROST-4-EN-3-ONE).
[(26)] (XXVI) 4-hydroxy-19-nortestosterone [(4,17{beta}-dihydroxy
-estr-4-en-3-one)] (4,17{BETA}-DIHYDROXYESTR-4-EN-3-ONE).
[(27) desoxymethyltestosterone] (XXVII) DESOXYMETHYLTESTOSTERONE
(17{alpha}-methyl-5 {alpha}-androst-2-en-17{beta}-ol) (a.k.a., [madol)]
'MADOL').
[(28)] (XXVIII) Mestanolone [(17{alpha}-methyl-17{beta}-hydroxy-5-
androstan-3-one)]
(17{ALPHA}-METHYL-17{BETA}-HYDROXY-5-{ALPHA}-ANDROSTAN- 3-ONE).
[(29)] (XXIX) Mesterolone [(1{alpha}methyl-17{beta}-hydroxy-
{5{alpha}}-androstan-3-one)] (1{ALPHA}-METHYL-17{BETA}-HYDROXY-5{ALPHA}
-ANDROSTAN-3-ONE).
[(30)] (XXX) Methandienone [(17{alpha}-methyl-17{beta}-hydroxyandrost-
1, 4-dien-3-one)] (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROST-1, 4-DIEN-3-
ONE).
[(31)] (XXXI) Methandriol [(17{alpha}-methyl-3{beta}, 17{beta}-dihydro
xyandrost-5-ene)] (17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXYANDROST-
5-ENE).
[(32)] (XXXII) Methenolone [(1-methyl-17{beta}-hydroxy-5{alpha}
-androst-1-en-3-one)] (1-METHYL-17{BETA}-HYDROXY-5{ALPHA}-ANDROST-1-
EN-3-ONE).
[(33) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxy-5-androstane]
(XXXIII)
17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXY-5{ALPHA}-ANDROSTANE.
[(34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy-5a-androstane]
(XXXIV) 17{ALPHA}-METHYL-3{ALPHA},17{BETA}-DIHYDROXY-5{ALPHA}- ANDROS-
TANE.
[(35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.]
(XXXV) 17{ALPHA}-METHYL-3{BETA},17{BETA}-DIHYDROXYANDROST-4-ENE.
[(36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-hydroxy
-17{beta}-hydroxyestr-4-en-3-one).] (XXXVI) 17{ALPHA}-METHYL-4-HYDROXY
NANDROLONE(17{ALPHA}-METHYL-4-HYDROXY-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(37)] (XXXVII) Methyldienolone [(17{alpha}-methyl-17{beta}-hydroxy
estra-4,9(10)-dien-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,9
(10)-DIEN-3-ONE).
[(38)] (XXXVIII) Methyltrienolone [(17{alpha}-methyl-17{beta}-hydroxy
estra-4, 9-11-trien-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,
9,11-TRIEN-3-ONE).
S. 3007--A 60 A. 3007--A
[(39)] (XXXIX) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxy
androst-4-en-3-one).
[(40)] (XL) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxy
estr-4-en-3-one).
[(41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone(17b{beta}-hydroxy
-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)] (XLI) 17{ALPHA}-METHYL-
{DELTA}1-DIHYDROTESTOSTERONE(17{BETA}-HYDROXY-17{ALPHA}-METHYL-5{ALPHA}-
ANDROST-1-EN-3-ONE) (a.k.a. '17-{alpha}-methyl-1-testosterone').
[(42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).] (XLII) NANDROLONE
(17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(43)] (XLIII) 19-nor-4-androstenediol [(3{beta},17{beta}-dihydroxy
estr -4-ene).] (3{BETA},17{BETA}-DIHYDROXYESTR-4-ENE).
[(44)] (XLIV) 19-nor-4-androstenediol [(3{alpha},17{beta}-dihydroxy
estr-4-ene).] (3{ALPHA},17{BETA}-DIHYDROXYESTR-4-ENE).
[(45)] (XLV) 19-nor-5-androstenediol [(3{beta},17{beta}-dihydroxyestr
-5-ene).] (3{BETA},17{BETA}-DIHYDROXYESTR-5-ENE).
[(46)] (XLVI) 19-nor-5-androstenediol [(3{alpha},17{beta}-dihydrox-
yestr-5-ene).] (3{ALPHA},17{BETA}-DIHYDROXYESTR-5-ENE).
[(47) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-
dione).] (XLVII) 19-NOR-4,9 (10)-ANDROSTADIENEDIONE (ESTRA-4,9(10)-
DIENE-3,17-DIONE).
[(48)] (XLVIII) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
[(49)] (XLIX) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
[(50)] (L) Norbolethone [(13{beta}, 17{alpha}-diethyl-17{beta}-
hydroxygon-4-en-3-one).] (13{BETA},17{ALPHA}-DIETHYL-17{BETA}-HYDROXYGON
-4-EN-3-ONE).
[(51)] (LI) Norclostebol [(4-chloro-17{beta}-hydroxyestr-4-en-3-
one).] (4-CHLORO-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(52)] (LII) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
[(53)] (LIII) Normethandrolone [(17{alpha}-methyl-17{beta}-hydroxestr-
4-en-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(54)] (LIV) Oxandrolone [(17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).] (17{ALPHA}-METHYL-17{BETA}-HYDROXY-2-OXA-
5{ALPHA}-ANDROSTAN-3-ONE).
[(55)] (LV) Oxymesterone [(17{alpha}-methyl-4, 17{beta}-dihydroxy
androst-4-en-3-one).] (17{ALPHA}-METHYL-4,17{BETA}-DIHYDROXYANDROST-4-
EN-3-ONE).
[(56)] (LVI) Oxymetholone [(17 {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).] (17{ALPHA}-METHYL-2-HYDRO
XYMETHYLENE-17{BETA}-HYDROXY-5{ALPHA}-ANDROSTAN-3-ONE).
[(57)] (LVII) Stanozolol [(17{alpha}-methyl-17{beta}-hydroxy-
{5{alpha}}-androst-2-eno{3,2-c}-pyrazole).] (17{ALPHA}-METHYL-17{BETA}-
HYDROXY-5{ALPHA}-ANDROST-2-ENO{3,2-C}-PYRAZOLE).
[(58)] (LVIII) Stenbolone [(17{beta}-hydroxy-2-methyl-{5{alpha}}-
androst-1-en-3-one).] (17{BETA}-HYDROXY-2-METHYL-5{ALPHA}-ANDROST-1-EN-
3-ONE).
[(59)] (LIX) Testolactone [(13-hydroxy-3-oxo-13, 17-secoandrosta-1,
4-dien-17-oic acid lactone).] (13-HYDROXY-3-OXO-13,17-SECOANDROSTA-1,4-
DIEN-17-OIC ACID LACTONE).
[(60)] (LX) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
[(61)] (LXI) Tetrahydrogestrinone [(13{beta}, 17{alpha}-diethyl-
17{beta}-hydroxygon-4, 9, 11-trien-3-one).] (13{BETA},17{ALPHA}-DIETHYL-
17{BETA}-HYDROXYGON-4,9,11-TRIEN-3-ONE).
[(62)] (LXII) Trenbolone [(17{beta}-hydroxyestr-4, 9, 11-trien-
3-one).] (17{BETA}-HYDROXYESTR-4,9,11-TRIEN-3-ONE).
S. 3007--A 61 A. 3007--A
[(63)] (LXIII) 5{ALPHA}-ANDROSTAN-3,6,17-TRIONE.
(LXIV) 6-BROMO-ANDROSTA-1,4-DIENE-3,17-DIONE.
(LXV) 6-BROMO-ANDROSTAN-3,17-DIONE.
(LXVI) 4-CHLORO-17{ALPHA}-METHYL-ANDROSTA-1,4-DIENE-3,17{BETA}-DIOL.
(LXVII) 4-CHLORO-17{ALPHA}-METHYL-ANDROST-4-ENE-3{BETA},17{BETA}-DIOL.
(LXVIII) 4-CHLORO-17{ALPHA}-METHYL-17{BETA}HYDROXY-ANDROST-4-EN-3-ONE.
(LXIX) 4-CHLORO-17{ALPHA}-METHYL-17{BETA}HYDROXY-ANDROST-4-ENE-3,11-
DIONE.
(LXX) 2{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY-5{BETA}-ANDROSTAN-
3-ONE.
(LXXI) 2{ALPHA},3{ALPHA}-EPITHIO-17{ALPHA}-METHYL-5{ALPHA}-ANDROSTAN-
17{BETA}-OL.
(LXXII) ESTRA-4,9,11-TRIENE-3,17-DIONE.
(LXXIII) {3,2-C}FURAZAN-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXIV) 18A-HOMO-3-HYDROXY-ESTRA-2,5(10)-DIEN-17-ONE.
(LXXV) 4-HYDROXY-ANDROST-4-ENE-3,17-DIONE.
(LXXVI) 17{BETA}-HYDROXY-ANDROSTANO{2,3-D}ISOXAZOLE.
(LXXVII) 17{BETA}-HYDROXY-ANDROSTANO{3,2-C}ISOXAZOLE.
(LXXVIII) 3{BETA}-HYDROXY-ESTRA-4,9,11-TRIEN-17-ONE.
(LXXIX) METHASTERONE (2{ALPHA},17{ALPHA}-DIMETHYL-5{ALPHA}-ANDROSTAN-
17{BETA}-OL-3-ONE OR 2{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXY-
5{ALPHA}-ANDROSTAN-3-ONE).
(LXXX) 17{ALPHA}-METHYL-ANDROSTA-1,4-DIENE-3,17{BETA}-DIOL.
(LXXXI) 17{ALPHA}-METHYL-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXXII) 17{ALPHA}-METHYL-ANDROSTAN-3-HYDROXYIMINE-17{BETA}-OL.
(LXXXIII) 6{ALPHA}-METHYL-ANDROST-4-ENE-3,17-DIONE.
(LXXXIV) 17{ALPHA}-METHYL-ANDROST-2-ENE-3,17{BETA}DIOL.
(LXXXV) PROSTANOZOL (17{BETA}-HYDROXY-5{ALPHA}-ANDROSTANO{3,2-C}
PYRAZOLE) OR {3,2-C}PYRAZOLE-5{ALPHA}-ANDROSTAN-17{BETA}-OL.
(LXXXVI) {3,2-C}PYRAZOLE-ANDROST-4-EN-17{BETA}-OL.
(LXXXVII) Any salt, ester or ether of a drug or substance described or
listed in this subdivision.
(2) (I) SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, A DRUG OR
HORMONAL SUBSTANCE, OTHER THAN ESTROGENS, PROGESTINS, CORTICOSTEROIDS,
AND DEHYDROEPIANDROSTERONE, THAT IS NOT LISTED IN PARAGRAPH ONE OF THIS
SUBDIVISION AND IS DERIVED FROM, OR HAS A CHEMICAL STRUCTURE SUBSTAN-
TIALLY SIMILAR TO, ONE OR MORE ANABOLIC STEROIDS LISTED IN PARAGRAPH ONE
OF THIS SUBDIVISION SHALL BE CONSIDERED TO BE AN ANABOLIC STEROID FOR
PURPOSES OF THIS SCHEDULE IF:
(A) THE DRUG OR SUBSTANCE HAS BEEN CREATED OR MANUFACTURED WITH THE
INTENT OF PRODUCING A DRUG OR OTHER SUBSTANCE THAT EITHER:
1. PROMOTES MUSCLE GROWTH; OR
2. OTHERWISE CAUSES A PHARMACOLOGICAL EFFECT SIMILAR TO THAT OF
TESTOSTERONE; OR
(B) THE DRUG OR SUBSTANCE HAS BEEN, OR IS INTENDED TO BE, MARKETED OR
OTHERWISE PROMOTED IN ANY MANNER SUGGESTING THAT CONSUMING IT WILL
PROMOTE MUSCLE GROWTH OR ANY OTHER PHARMACOLOGICAL EFFECT SIMILAR TO
THAT OF TESTOSTERONE.
(II) A SUBSTANCE SHALL NOT BE CONSIDERED TO BE A DRUG OR HORMONAL
SUBSTANCE FOR PURPOSES OF THIS SUBDIVISION IF:
(A) IT IS:
1. AN HERB OR OTHER BOTANICAL;
2. A CONCENTRATE, METABOLITE, OR EXTRACT OF, OR A CONSTITUENT ISOLATED
DIRECTLY FROM, AN HERB OR OTHER BOTANICAL; OR
3. A COMBINATION OF TWO OR MORE SUBSTANCES DESCRIBED IN CLAUSE ONE OR
TWO OF THIS ITEM;
S. 3007--A 62 A. 3007--A
(B) IT IS A DIETARY INGREDIENT FOR PURPOSES OF THE FEDERAL FOOD, DRUG,
AND COSMETIC ACT (21 U.S.C. 301 ET SEQ.); AND
(C) IT IS NOT ANABOLIC OR ANDROGENIC.
(III) IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED NINETY-SIX OF THIS ARTICLE, ANY PERSON CLAIMING THE BENEFIT OF
AN EXEMPTION OR EXCEPTION UNDER SUBPARAGRAPH (II) OF THIS PARAGRAPH
SHALL BEAR THE BURDEN OF GOING FORWARD WITH THE EVIDENCE WITH RESPECT TO
SUCH EXEMPTION OR EXCEPTION.
§ 14. Paragraph 11 of subdivision (c) of schedule III of section 3306
of the public health law is amended and a new paragraph 15 is added to
read as follows:
(11) Tiletamine and zolazepam or any salt thereof. Some trade or other
names for a tiletamine-zolazepam combination product: Telazol. Some
trade or other names for tiletamine: 2-(ethylamino) -2-(2-thienyl)
-cyclohexanone. Some trade or other names for zolazepam:
4-(2-fluorophenyl) -6,8-dihydro -1, 3, 8[i]-trimethylpyrazolo-{3,4-e}
{1,4} -diazepin-7(1H)-one, flupyrazapon.
(15) PERAMPANEL, ITS SALTS, ISOMERS AND SALTS OF ISOMERS.
§ 15. Subdivision (f) of schedule III of section 3306 of the public
health law is amended to read as follows:
(f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in a U.S. Food and Drug Administration approved product.
Some other names for dronabinol include: (6aR-trans)-6a, 7, 8,
10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo {b,d}
pyran-1-o[1]L, or (-)-delta-9-(trans) - tetrahydrocannabinol.
§ 16. Subdivision (c) of schedule IV of section 3306 of the public
health law is amended by adding seven new paragraphs 54, 55, 56, 57, 58,
59 and 60 to read as follows:
(54) ALFAXALONE.
(55) BREXANOLONE.
(56) DARIDOREXANT.
(57) LEMBOREXANT.
(58) REMIMAZOLAM.
(59) SUVOREXANT.
(60) ZURANOLONE.
§ 17. Paragraph 10 of subdivision (e) of schedule IV of section 3306
of the public health law, as amended by chapter 589 of the laws of 1996,
is amended and two new paragraphs 13 and 14 are added to read as
follows:
(10) SPA((-)[)]-1-dimethylamino-1, 2-diphenylethane).
(13) SERDEXMETHYLPHENIDATE.
(14) SOLRIAMFETOL (2-AMINO-3-PHENYLPROPYL CARBAMATE; BENZENEPROPANOL,
BETA-AMINO-, CARBAMATE(ESTER)).
§ 18. Subdivision (f) of schedule IV of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, paragraph 2 as
added by chapter 457 of the laws of 2006 and paragraph 3 as added by
section 14 of part C of chapter 447 of the laws of 2012, is amended to
read as follows:
(f) Other substances. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture or preparation which
contains any quantity of the following substances, including its salts,
ISOMERS, AND SALTS OF SUCH ISOMERS, WHENEVER THE EXISTENCE OF SUCH
SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE:
(1) Pentazocine.
(2) Butorphanol (including its optical isomers).
(3) Tramadol in any quantities.
S. 3007--A 63 A. 3007--A
(4) ELUXADOLINE (5-{{{(2S)-2-AMINO-3-{4-(AMINOCARBONYL)-2,6-DIMETHYL
PHENYL}-1-OXOPROPYL}{(1S)-1-(4-PHENYL-1H-IMIDAZOL-2-YL)ETHYL}AMINO}METH
YL}-2-METHOXYBENZOIC ACID) (INCLUDING ITS OPTICAL ISOMERS) AND ITS
SALTS, ISOMERS, AND SALTS OF ISOMERS.
(5) LORCASERIN.
§ 19. Subdivision (d) of schedule V of section 3306 of the public
health law, as amended by section 16 of part C of chapter 447 of the
laws of 2012, is amended to read as follows:
(d) Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or prepara-
tion which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) Ezogabine [{N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic
acid ethyl ester}] (N-{2-AMINO-4-(4-FLUOROBENZYLAMINO)-PHENYL}-CARBAMIC
ACID ETHYL ESTER).
(2) Lacosamide [{(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}]
((R)-2-ACETOAMIDO-N-BENZYL-3-METHOXY-PROPIONAMIDE).
(3) Pregabalin [{(S)-3-(aminomethyl)-5-methylhexanoic acid}]
((S)-3-(AMINOMETHYL)-5-METHYLHEXANOIC ACID).
(4) BRIVARACETAM ((2S)-2-{(4R)-2-OXO-4-PROPYLPYRROLIDIN-1-YL}BUTANA
MIDE). SOME TRADE OR OTHER NAMES: BRV; UCB-34714; BRIVIACT.
(5) CENOBAMATE ({(1R)-1-(2-CHLOROPHENYL)-2-(TETRAZOL-2-YL)ETHYL}
CARBAMATE; 2H-TETRAZOLE-2-ETHANOL, ALPHA-(2-CHLOROPHENYL)-, CARBAMATE
(ESTER), (ALPHAR)-; CARBAMIC ACID(R)-(+)-1-(2-CHLOROPHENYL)-2-(2H-TETRA
ZOL-2-YL)ETHYL ESTER).
(6) GANAXOLONE (3{ALPHA}-HYDROXY-3{BETA}-METHYL-5{ALPHA}-PREGNAN-20-
ONE).
(7) LASMIDITAN (2,4,6-TRIFLUORO-N-(6-(1-METHYLPIPERIDINE-4-CARBONYL)
PYRIDINE-2-YL-BENZAMIDE).
§ 20. Subdivision 2 of section 3342 of the public health law, as
amended by chapter 466 of the laws of 2024, is amended to read as
follows:
2. An institutional dispenser may dispense controlled substances for
use off its premises only pursuant to a prescription, prepared and filed
in conformity with this title, provided, however, that, in an emergency
situation as defined by rule or regulation of the department, a practi-
tioner in a hospital without a full-time pharmacy may dispense
controlled substances to a patient in a hospital emergency room for use
off the premises of the institutional dispenser for a period not to
exceed twenty-four hours, [unless the federal drug enforcement adminis-
tration has authorized a longer time period for the purpose of initiat-
ing maintenance treatment, detoxification treatment, or both] AND
PROVIDED FURTHER THAT A PRACTITIONER IN ANY INSTITUTIONAL DISPENSER MAY
DISPENSE CONTROLLED SUBSTANCES AS EMERGENCY TREATMENT TO A PATIENT FOR
USE OFF THE PREMISES OF THE INSTITUTIONAL DISPENSER AS AUTHORIZED BY THE
FEDERAL DRUG ENFORCEMENT ADMINISTRATION FOR THE PURPOSE OF INITIATING
MAINTENANCE TREATMENT, DETOXIFICATION TREATMENT, OR BOTH.
§ 21. Subdivision 1 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
1. ["Addict"] "PERSON WITH A SUBSTANCE USE DISORDER" means a person
who habitually uses a controlled substance for a non-legitimate or
unlawful use, and who by reason of such use is dependent thereon.
§ 22. Subdivision 1 of section 3331 of the public health law, as added
by chapter 878 of the laws of 1972, is amended to read as follows:
S. 3007--A 64 A. 3007--A
1. Except as provided in titles III or V of this article, no substance
in schedules II, III, IV, or V may be prescribed for or dispensed or
administered to [an addict] A PERSON WITH A SUBSTANCE USE DISORDER or
habitual user.
§ 23. The title heading of title 5 of article 33 of the public health
law, as added by chapter 878 of the laws of 1972, is amended to read as
follows:
DISPENSING TO [ADDICTS]
PERSONS WITH A SUBSTANCE USE DISORDER
AND HABITUAL USERS
§ 24. Section 3350 of the public health law, as added by chapter 878
of the laws of 1972, is amended to read as follows:
§ 3350. Dispensing prohibition. Controlled substances may not be
prescribed for, or administered or dispensed to [addicts] PERSONS WITH A
SUBSTANCE USE DISORDER or habitual users of controlled substances,
except as provided by this title or title III OF THIS ARTICLE.
§ 25. Section 3351 of the public health law, as added by chapter 878
of the laws of 1972 and subdivision 5 as amended by chapter 558 of the
laws of 1999, is amended to read as follows:
§ 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to [an addict] A PERSON
WITH A SUBSTANCE USE DISORDER or habitual user:
(a) during emergency medical treatment unrelated to [abuse] SUCH
SUBSTANCE USE DISORDER OR HABITUAL USE of controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
1-A. A PRACTITIONER MAY PRESCRIBE, ADMINISTER AND DISPENSE ANY SCHED-
ULE III, IV, OR V NARCOTIC DRUG APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION SPECIFICALLY FOR USE IN MAINTENANCE OR DETOXIFICATION
TREATMENT TO A PERSON WITH A SUBSTANCE USE DISORDER OR HABITUAL USER.
2. Controlled substances may be ordered for use by [an addict] A
PERSON WITH A SUBSTANCE USE DISORDER or habitual user by a practitioner
and administered by a practitioner [or], registered nurse, OR EMERGENCY
MEDICAL TECHNICIAN-PARAMEDIC, ACTING WITHIN THEIR SCOPE OF PRACTICE, to
relieve acute withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use [of an
addict] BY A PERSON WITH A SUBSTANCE USE DISORDER by a practitioner and
dispensed or administered by a practitioner or [his] THEIR designated
agent as interim treatment for [an addict on a waiting list for admis-
sion to an authorized maintenance program] A PERSON WITH A SUBSTANCE USE
DISORDER WHILE ARRANGEMENTS ARE BEING MADE FOR REFERRAL TO TREATMENT FOR
SUCH SUBSTANCE USE DISORDER.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to [an
addict] A PERSON WITH A SUBSTANCE USE DISORDER by a practitioner or by
[his] THEIR designated agent acting under the direction and supervision
of a practitioner, as part of a [regime] REGIMEN designed and intended
AS MAINTENANCE OR DETOXIFICATION TREATMENT OR to withdraw a patient from
addiction to controlled substances.
5. [Methadone] NOTWITHSTANDING ANY OTHER LAW AND CONSISTENT WITH
FEDERAL REQUIREMENTS, METHADONE, or such other controlled substance
S. 3007--A 65 A. 3007--A
designated by the commissioner as appropriate for such use, may be
administered OR DISPENSED DIRECTLY to [an addict] A PERSON WITH A
SUBSTANCE USE DISORDER by a practitioner or by [his] THEIR designated
agent acting under the direction and supervision of a practitioner, as
part of a substance [abuse or chemical dependence] USE DISORDER program
approved pursuant to article [twenty-three or] thirty-two of the mental
hygiene law.
§ 26. Section 3372 of the public health law, as amended by chapter 195
of the laws of 1973, is amended to read as follows:
§ 3372. Practitioner patient reporting. It shall be the duty of every
attending practitioner and every consulting practitioner to report
promptly to the commissioner, or [his] THE COMMISSIONER'S duly desig-
nated agent, the name and, if possible, the address of, and such other
data as may be required by the commissioner with respect to, any person
under treatment if [he] THE PRACTITIONER finds that such person is [an
addict] A PERSON WITH AN OPIOID USE DISORDER or a habitual user of any
narcotic drug. Such report shall be kept confidential and may be
utilized only for statistical, epidemiological or research purposes,
except that those reports which originate in the course of a criminal
proceeding other than under section 81.25 of the mental hygiene law
shall be subject only to the confidentiality requirements of section
thirty-three hundred seventy-one of this article.
§ 27. This act shall take effect immediately; provided, however, that
the amendments to subdivision 2 of section 3342 of the public health law
made by section nineteen of this act, shall take effect on the same date
and in the same manner as chapter 466 of the laws of 2024, takes effect.
PART P
Section 1. Section 2805-b of the public health law is amended by
adding a new subdivision 6 to read as follows:
6. WHEN EMERGENCY SERVICES ARE PROVIDED AS AN ORGANIZED SERVICE OF A
GENERAL HOSPITAL LICENSED PURSUANT TO THIS ARTICLE, THE HOSPITAL MUST
TERMINATE THE PREGNANCY OF ANY INDIVIDUAL PRESENTING FOR CARE AT THE
HOSPITAL IF THE INDIVIDUAL HAS AN EMERGENCY MEDICAL CONDITION, AND
TERMINATION OF THE PREGNANCY IS NEEDED TO STABILIZE THAT INDIVIDUAL,
UNLESS THE INDIVIDUAL (OR THE INDIVIDUAL'S LEGALLY AUTHORIZED REPRESEN-
TATIVE, WHEN THE LEGALLY AUTHORIZED REPRESENTATIVE IS AUTHORIZED TO ACT
ON BEHALF OF THE INDIVIDUAL) DOES NOT CONSENT TO THE TREATMENT. IF SUCH
CONSENT IS NOT PROVIDED, A GENERAL HOSPITAL MEETS THE REQUIREMENTS OF
THIS SUBDIVISION WITH RESPECT TO AN INDIVIDUAL IF THE HOSPITAL OFFERS
THE INDIVIDUAL THE TREATMENT. HOSPITALS THAT HAVE LIMITED CAPABILITY FOR
RECEIVING AND TREATING HIGH RISK MATERNITY PATIENTS IN NEED OF SPECIAL-
IZED EMERGENCY CARE SHALL DEVELOP AND IMPLEMENT STANDARD DESCRIPTIONS OF
SUCH PATIENTS AND HAVE TRIAGE, TREATMENT, AND TRANSFER PROTOCOLS. SUCH
PROTOCOLS SHALL PROVIDE THAT PATIENTS SHALL BE TRANSFERRED TO ANOTHER
HOSPITAL ONLY WHEN:
(A) THE PATIENT'S CONDITION IS STABLE OR BEING MANAGED;
(B) THE ATTENDING PRACTITIONER HAS AUTHORIZED THE TRANSFER; AND
(C) THE RECEIVING HOSPITAL IS INFORMED, CAN PROVIDE THE NECESSARY
RESOURCES TO CARE FOR THE PATIENT, AND HAS ACCEPTED THE PATIENT.
§ 2. Section 2599-bb of the public health law is amended by adding a
new subdivision 1-a to read as follows:
1-A. AT A HEALTH CARE PRESCRIBER'S REQUEST, THE PRESCRIPTION LABEL FOR
ABORTION MEDICATIONS, INCLUDING, BUT NOT LIMITED TO, MIFEPRISTONE AND
MISOPROSTOL SHALL INCLUDE THE PRESCRIBING HEALTH CARE FACILITY NAME OR
S. 3007--A 66 A. 3007--A
ADDRESS INSTEAD OF THE NAME OF THE PRACTITIONER. THE PRESCRIBER SHALL
INFORM THE PATIENT WHETHER THE PRESCRIBER HAS REQUESTED TO INCLUDE THE
HEALTH CARE FACILITY NAME OR ADDRESS ON THE PRESCRIPTION LABEL.
§ 3. Subdivision 1 of section 6810 of the education law, as amended by
section 2 of part V of chapter 57 of the laws of 2012, is amended and a
new subdivision 10-b is added to read as follows:
1. No drug for which a prescription is required by the provisions of
the Federal Food, Drug and Cosmetic Act or by the commissioner of health
shall be distributed or dispensed to any person except upon a
prescription written by a person legally authorized to issue such
prescription. Such drug shall be compounded or dispensed by a licensed
pharmacist, and no such drug shall be dispensed without affixing to the
immediate container in which the drug is sold or dispensed a label bear-
ing the name and address of the owner of the establishment in which it
was dispensed, the date compounded, the number of the prescription under
which it is recorded in the pharmacist's prescription files, the name of
the prescriber, OR THE NAME OR ADDRESS OF THE PRESCRIBING HEALTH CARE
FACILITY PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THE
PUBLIC HEALTH LAW, the name and address of the patient, and the
directions for the use of the drug by the patient as given upon the
prescription. All labels shall conform to such rules and regulations as
promulgated by the commissioner pursuant to section sixty-eight hundred
twenty-nine of this article. The prescribing and dispensing of a drug
which is a controlled substance shall be subject to additional require-
ments provided in article thirty-three of the public health law. The
words "drug" and "prescription required drug" within the meaning of this
article shall not be construed to include soft or hard contact lenses,
eyeglasses, or any other device for the aid or correction of vision.
Nothing in this subdivision shall prevent a pharmacy from furnishing a
drug to another pharmacy which does not have such drug in stock for the
purpose of filling a prescription.
10-B. AT THE REQUEST OF A PRACTITIONER PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-NINE-BB OF THE PUBLIC HEALTH LAW, A PHARMACY THAT
RECEIVES AN ELECTRONIC PRESCRIPTION SHALL LIST THE PRESCRIBING HEALTH
CARE FACILITY NAME OR ADDRESS ON THE PRESCRIPTION LABEL INSTEAD OF THE
NAME OF THE PRACTITIONER.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART Q
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (nn) to read as follows:
(NN) (I) MEDICAL ASSISTANCE SHALL INCLUDE THE COVERAGE OF THE FOLLOW-
ING SERVICES FOR INDIVIDUALS WITH IATROGENIC INFERTILITY DIRECTLY OR
INDIRECTLY CAUSED BY MEDICAL TREATMENT, WHICH IS AN IMPAIRMENT OF
FERTILITY RESULTING FROM SURGERY, RADIATION, CHEMOTHERAPY, SICKLE CELL
TREATMENT, OR OTHER MEDICAL TREATMENT AFFECTING REPRODUCTIVE ORGANS OR
PROCESSES:
(1) STANDARD FERTILITY PRESERVATION SERVICES TO PREVENT OR TREAT
INFERTILITY, WHICH SHALL INCLUDE MEDICALLY NECESSARY COLLECTION, FREEZ-
ING, PRESERVATION AND STORAGE OF OOCYTES OR SPERM, AND SUCH OTHER STAND-
ARD SERVICES THAT ARE NOT EXPERIMENTAL OR INVESTIGATIONAL; TOGETHER WITH
PRESCRIPTION DRUGS, WHICH SHALL BE LIMITED TO FEDERAL FOOD AND DRUG
ADMINISTRATION APPROVED MEDICATIONS AND SUBJECT TO MEDICAL ASSISTANCE
S. 3007--A 67 A. 3007--A
PROGRAM COVERAGE REQUIREMENTS. IN VITRO FERTILIZATION (IVF) SHALL NOT BE
COVERED AS A FERTILITY PRESERVATION SERVICE; AND
(2) COVERAGE OF THE COSTS OF STORAGE OF OOCYTES OR SPERM SHALL BE
SUBJECT TO CONTINUED MEDICAL ASSISTANCE PROGRAM ELIGIBILITY OF THE INDI-
VIDUAL WITH IATROGENIC INFERTILITY, AND SHALL TERMINATE UPON ANY DISCON-
TINUANCE OF MEDICAL ASSISTANCE ELIGIBILITY.
(II) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION FOR SUCH
FERTILITY PRESERVATION SERVICES IS NOT AVAILABLE, MEDICAL ASSISTANCE
SHALL NOT INCLUDE COVERAGE OF THESE SERVICES.
§ 2. Section 4 of part K of chapter 82 of the laws of 2002 amending
the insurance law and the public health law relating to coverage for the
diagnosis and treatment of infertility, is REPEALED.
§ 3. The public health law is amended by adding a new section
2599-bb-2 to read as follows:
§ 2599-BB-2. IMPROVED ACCESS TO INFERTILITY HEALTH CARE SERVICES GRANT
PROGRAM. 1. THE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-V OF THIS CHAPTER, SHALL
ESTABLISH A PROGRAM TO PROVIDE GRANTS TO HEALTH CARE PROVIDERS FOR THE
PURPOSE OF IMPROVING ACCESS TO AND EXPANDING HEALTH CARE SERVICES
RELATED TO THE RANGE OF CARE FOR INFERTILITY. SUCH PROGRAM SHALL FUND
UNCOMPENSATED HEALTH CARE SERVICES RELATED TO THE RANGE OF CARE FOR
INFERTILITY, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR INDI-
VIDUALS WHO LACK THE ABILITY TO PAY FOR CARE, LACK INSURANCE COVERAGE,
ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE RENDERING
PROVIDER. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, GRANTS PROVIDED PURSUANT TO SUCH
PROGRAM MAY BE MADE WITHOUT COMPETITIVE BID OR REQUEST FOR PROPOSAL.
2. SERVICES, TREATMENTS, AND PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM SHALL BE MADE AVAILABLE ONLY IN ACCORDANCE WITH STANDARDS,
PROTOCOLS, AND OTHER PARAMETERS ESTABLISHED BY THE COMMISSIONER, WHICH
SHALL INCORPORATE BUT NOT BE LIMITED TO THE AMERICAN SOCIETY FOR REPRO-
DUCTIVE MEDICINE (ASRM) AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS (ACOG) STANDARDS FOR THE APPROPRIATENESS OF INDIVIDUALS,
PROVIDERS, TREATMENTS, AND PROCEDURES.
3. AT LEAST ONE SUCH PROVIDER SHALL BE LOCATED IN THE CITY OF NEW YORK
AND ONE SUCH PROVIDER SHALL BE LOCATED IN AN UPSTATE REGION. ANY ORGAN-
IZATION OR PROVIDER RECEIVING FUNDS FROM THE PROGRAM SHALL TAKE ALL
NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIV-
ING SERVICES, TREATMENTS OR PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM PURSUANT TO STATE AND FEDERAL LAWS.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that section one of this act shall take effect October 1, 2025.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
date.
PART R
Section 1. Section 3001 of the public health law is amended by adding
three new subdivisions 22, 23 and 24 to read as follows:
22. "EMERGENCY MEDICAL SERVICES AGENCIES" SHALL MEAN ORGANIZED ENTI-
TIES CERTIFIED OR LICENSED BY THE DEPARTMENT TO PROVIDE EMERGENCY
MEDICAL SERVICE, INCLUDING AMBULANCE SERVICES, ADVANCED LIFE SUPPORT
S. 3007--A 68 A. 3007--A
FIRST RESPONSE SERVICES, AND OTHER INTEGRATED FIRST RESPONSE SERVICES
RESPONSIBLE FOR PROVIDING EMERGENCY MEDICAL SERVICES.
23. "COMMUNITIES" SHALL INCLUDE COUNTIES, CITIES, TOWNS, VILLAGES, AND
SPECIAL DISTRICTS WITHIN NEW YORK STATE.
24. "SCORING MATRIX" SHALL REFER TO THE EMERGENCY MEDICAL COMMUNITY
ASSESSMENT PROGRAM FRAMEWORK OF CRITERIA AND WEIGHTINGS ESTABLISHED BY
THE DEPARTMENT FOR EVALUATING EMERGENCY MEDICAL SERVICES SYSTEMS AND
AGENCIES.
§ 2. Section 3008 of the public health law is amended by adding a new
subdivision 4-a to read as follows:
4-A. IN DETERMINING PUBLIC NEED FOR ADDITIONAL EMERGENCY MEDICAL
SERVICES, THE REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS SHALL CONSID-
ER FACTORS RELATED TO ACCESS, COMMUNITY NEED, CONSISTENCY WITH STATE
EMERGENCY MEDICAL SYSTEM PLANS, AND THE FEASIBILITY AND IMPACT OF THE
PROPOSED SERVICE, INCLUDING ANY INNOVATIONS OR IMPROVEMENTS IN SERVICE
DELIVERY, AND OTHER FACTORS AS DETERMINED BY THE COMMISSIONER.
§ 3. The public health law is amended by adding a new section 3019 to
read as follows:
§ 3019. EMERGENCY MEDICAL COMMUNITY ASSESSMENT PROGRAM. 1. THE EMER-
GENCY MEDICAL COMMUNITY ASSESSMENT PROGRAM IS HEREBY ESTABLISHED TO
EVALUATE AND ENHANCE THE EMERGENCY MEDICAL SERVICES THROUGHOUT THE
STATE. THE PROGRAM SHALL ASSESS THE CAPABILITIES AND PERFORMANCE OF
EMERGENCY MEDICAL SERVICES AGENCIES AND THE SERVICE THEY PROVIDE TO THE
COMMUNITIES THEY SERVE, ASSIGNING SCORES TO IDENTIFY STRENGTHS, DEFI-
CIENCIES, AND AREAS FOR IMPROVEMENT.
2. THE DEPARTMENT, IN CONSULTATION WITH THE STATE COUNCIL AND OTHER
STAKEHOLDERS, SHALL ESTABLISH THE CRITERIA AND SCORING MATRIX TO EVALU-
ATE EMERGENCY MEDICAL SERVICES SYSTEMS. CRITERIA SHALL INCLUDE, BUT NOT
BE LIMITED TO, SYSTEM ORGANIZATION, ACCESS TO CARE, RESPONSE EFFECTIVE-
NESS, OPERATIONAL EFFICIENCY, AND QUALITY IMPROVEMENT. THE SCORING
MATRIX SHALL ENSURE OBJECTIVE EVALUATIONS AND CONSISTENCY STATEWIDE,
WITH ASSESSMENTS INFORMING RESOURCE ALLOCATION AND SYSTEM IMPROVEMENTS.
ASSESSMENT RESULTS SHALL BE PUBLICLY ACCESSIBLE AND INTEGRATED INTO
COUNTY EMERGENCY MEDICAL SERVICES PLANS TO IDENTIFY GAPS, PRIORITIZE
RESOURCES, AND ENHANCE SYSTEM READINESS AND SUSTAINABILITY.
3. THE DEPARTMENT SHALL PREPARE AND PUBLISH, IN A MANNER DETERMINED BY
THE DEPARTMENT, A COMPREHENSIVE STATEWIDE REPORT OF THE EMERGENCY
MEDICAL COMMUNITY ASSESSMENT PROGRAM RESULTS AT LEAST EVERY FIVE YEARS,
OR AT SUCH INTERVALS AS DEEMED NECESSARY BY THE COMMISSIONER.
4. ALL JURISDICTIONS AND EMERGENCY MEDICAL SERVICES AGENCIES, EXCEPT
CITIES WITH POPULATIONS OF ONE MILLION OR MORE, SHALL PARTICIPATE IN THE
PROGRAM AND PROVIDE TIMELY AND ACCURATE INFORMATION. CITIES WITH POPU-
LATIONS OF ONE MILLION OR MORE MAY PARTICIPATE IN THE PROGRAM.
5. THE COMMISSIONER IS AUTHORIZED TO ALLOCATE FUNDING TO ASSIST COUN-
TIES AND AGENCIES IN IMPLEMENTING THE PROGRAM, CONDUCTING ASSESSMENTS,
ADDRESSING DEFICIENCIES, AND IMPROVING SYSTEM PERFORMANCE AND SHALL
PRIORITIZE AREAS WITH SIGNIFICANT RESOURCE GAPS AND ALIGN WITH PROGRAM
OBJECTIVES.
§ 4. The public health law is amended by adding a new section 3019-a
to read as follows:
§ 3019-A. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1.
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND WITH
FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE
COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A
COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE STATE, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO:
S. 3007--A 69 A. 3007--A
(A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
OTHER COMPONENTS TO IMPROVE THE DELIVERY, ACCESS AND UTILIZATION OF
EMERGENCY MEDICAL SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZA-
TION, DISABILITY, AND MORTALITY;
(B) IMPROVING THE ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
SERVICES;
(C) COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS, HOSPITALS, AND
OTHER PUBLIC AND PRIVATE AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
MODELS FOR PERSONS WHO ARE PRESENTLY USING EMERGENCY DEPARTMENTS FOR
ROUTINE, NONURGENT AND PRIMARY MEDICAL CARE TO BE SERVED APPROPRIATELY
AND ECONOMICALLY; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT BE MANDATED FOR CITIES WITH A POPULATION OF ONE MILLION
OR MORE; AND
(D) DEVELOPING, CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF
INITIAL AND ADVANCED EDUCATION AND TRAINING DESIGNED TO ENHANCE AND
RECOGNIZE THE KNOWLEDGE AND SKILLS OF EMERGENCY MEDICAL SERVICES PRACTI-
TIONERS THROUGHOUT THE STATE WITH EMPHASIS ON REGIONS UNDERSERVED BY OR
WITH LIMITED ACCESS TO EMERGENCY MEDICAL SERVICES.
2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL BE
REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
DEPARTMENT'S WEBSITE, OR AT SUCH EARLIER TIMES AS MAY BE NECESSARY TO
IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF THE STATE'S EMERGENCY
MEDICAL SERVICES SYSTEM.
3. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
GENCY MEDICAL SYSTEM PLAN, IN A MANNER AND FORMAT ESTABLISHED BY THE
DEPARTMENT, THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY MEDICAL
SYSTEM WITHIN THE COUNTY TO PROVIDE ESSENTIAL EMERGENCY MEDICAL SERVICES
FOR ALL RESIDENTS WITHIN THE COUNTY. THE COUNTY OFFICE OF EMERGENCY
MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLEMENTA-
TION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL
SYSTEM PLAN.
(A) COUNTY PLANS SHALL REQUIRE REVIEW AND APPROVAL BY THE DEPARTMENT.
THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND THE REGIONAL EMERGENCY
MEDICAL SERVICES COUNCIL MAY REVIEW COUNTY PLANS AND PROVIDE RECOMMENDA-
TIONS TO THE DEPARTMENT PRIOR TO FINAL APPROVAL.
(B) ANY PERMANENT MODIFICATIONS TO THE APPROVED COUNTY EMERGENCY
MEDICAL SYSTEM PLAN, INCLUDING THE DISSOLUTION OF AN AMBULANCE SERVICE
DISTRICT OR OTHER SIGNIFICANT MODIFICATION OF EMERGENCY MEDICAL SERVICES
AGENCY COVERAGE, INCLUDING BUT NOT LIMITED TO AN AGENCY CHOOSING TO STOP
SERVICING AN AREA THAT IS NOT OTHERWISE SERVED BY AN AGENCY, SHALL
REQUIRE REVIEW AND APPROVAL BY THE DEPARTMENT PRIOR TO IMPLEMENTATION.
SUCH MODIFICATIONS SHALL BE SUBMITTED IN WRITING TO THE DEPARTMENT NO
LESS THAN ONE HUNDRED EIGHTY DAYS BEFORE THE PROPOSED EFFECTIVE DATE OF
THE COUNTY PLANS.
(C) THE COUNTY PLAN SHALL DESIGNATE A PRIMARY RESPONDING EMERGENCY
MEDICAL SERVICES AGENCY OR AGENCIES RESPONSIBLE FOR RESPONDING TO
REQUESTS FOR EMERGENCY MEDICAL SERVICES WITHIN EACH PART OF THE COUNTY.
NO EMERGENCY MEDICAL SERVICES AGENCY DESIGNATED IN THE COUNTY PLAN, MAY
REFUSE TO RESPOND TO A REQUEST FOR SERVICE WITHIN THEIR PRIMARY RESPONSE
AREA OR AS LISTED IN THE PLAN UNLESS THEY CAN PROVE, TO THE SATISFACTION
OF THE DEPARTMENT, THAT THEY ARE UNABLE TO RESPOND BECAUSE OF CAPACITY
LIMITATIONS.
(D) THE COUNTY PLAN SHALL INCORPORATE ALL AMBULANCE SERVICES THAT HOLD
A VALID AMBULANCE SERVICE CERTIFICATE AND HAVE ANY DESIGNATED GEOGRAPHIC
S. 3007--A 70 A. 3007--A
AREA WITHIN THE COUNTY LISTED AS PRIMARY TERRITORY ON THE OPERATING
CERTIFICATE ISSUED BY THE DEPARTMENT.
(E) NO COUNTY SHALL REMOVE OR REASSIGN AN AREA SERVED BY AN EXISTING
EMERGENCY MEDICAL SERVICES AGENCY WHERE SUCH EMERGENCY MEDICAL SERVICES
AGENCY IS COMPLIANT WITH ALL STATUTORY AND REGULATORY REQUIREMENTS, AND
HAS AGREED TO PARTICIPATE IN THE PROVISION OF THE APPROVED COUNTY PLAN.
(F) THE COUNTY PLAN SHALL INCORPORATE FINDINGS FROM THE EMERGENCY
MEDICAL COMMUNITY ASSESSMENT PROGRAM, AS DESCRIBED IN SECTION THREE
THOUSAND NINETEEN OF THIS ARTICLE, TO IDENTIFY OPPORTUNITIES FOR
IMPROVEMENT, PRIORITIZE RESOURCE ALLOCATION, AND DETERMINE ADDITIONAL
NEEDS FOR EMERGENCY MEDICAL SERVICES WITHIN THE COUNTY.
(G) THE COUNTY PLAN SHALL INCLUDE ANY FINDINGS WHICH DEMONSTRATE A
PUBLIC NEED FOR ADDITIONAL EMERGENCY MEDICAL SERVICES BASED ON THE
CONSIDERATIONS OUTLINED IN SECTION THREE THOUSAND EIGHT OF THIS ARTICLE.
SUCH FINDINGS SHALL BE SUBMITTED TO THE REGIONAL EMERGENCY MEDICAL
SERVICES COUNCIL AND THE STATE EMERGENCY MEDICAL SERVICES COUNCIL TO
PROVIDE RECOMMENDATIONS AND INFORM DECISIONS RELATED TO REGIONAL DETER-
MINATIONS OF PUBLIC NEED.
§ 5. The opening paragraph of subdivision 1 of section 122-b of the
general municipal law, as amended by chapter 471 of the laws of 2011, is
amended and a new subdivision 6 is added to read as follows:
[Any] GENERAL AMBULANCE SERVICES ARE AN ESSENTIAL SERVICE AND A MATTER
OF STATE CONCERN. EVERY county, city, town [or] AND village, acting
individually or jointly OR IN CONJUNCTION WITH A SPECIAL DISTRICT, may
provide an emergency medical service, a general ambulance service or a
combination of such services for the purpose of providing prehospital
emergency medical treatment or transporting sick or injured persons
found within the boundaries of the municipality or the municipalities
acting jointly to a hospital, clinic, sanatorium or other place for
treatment of such illness or injury[, and for]. FOR PURPOSES OF THIS
SECTION, "SPECIAL DISTRICT" SHALL HAVE THE SAME MEANING AS "IMPROVEMENT
DISTRICTS" AS DEFINED IN ARTICLE TWELVE-A OF THE TOWN LAW. IN FURTHER-
ANCE OF that purpose, A COUNTY, CITY, TOWN OR VILLAGE may:
6. A COUNTY MAY ESTABLISH A SPECIAL DISTRICT FOR THE FINANCING AND
OPERATION OF GENERAL AMBULANCE SERVICES, INCLUDING SUPPORT FOR AGENCIES
CURRENTLY PROVIDING EMERGENCY MEDICAL SERVICES, AS SET FORTH BY SUBDIVI-
SION ONE OF THIS SECTION, WHEREBY ANY COUNTY, ACTING INDIVIDUALLY, OR
JOINTLY WITH ANY OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS
GOVERNING BODY OR BODIES, FOLLOWING APPLICABLE PROCEDURES AS ARE
REQUIRED FOR THE ESTABLISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF
THE TOWN LAW OR FOLLOWING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE
ESTABLISHMENT OF JOINT FIRE DISTRICTS IN ARTICLE ELEVEN-A OF THE TOWN
LAW, WITH SUCH SPECIAL DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE
ESTABLISHED IN ALL OR ANY PART OF ANY SUCH PARTICIPATING COUNTY OR COUN-
TIES. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, RULE OR REGULATION
TO THE CONTRARY, ANY SPECIAL DISTRICT CREATED UNDER THIS SECTION SHALL
NOT OVERLAP WITH A PRE-EXISTING CITY, TOWN OR VILLAGE AMBULANCE DISTRICT
UNLESS SUCH EXISTING DISTRICT IS MERGED INTO THE NEWLY CREATED DISTRICT.
NO CITY, TOWN OR VILLAGE SHALL ELIMINATE OR DISSOLVE A PRE-EXISTING
AMBULANCE DISTRICT WITHOUT EXPRESS APPROVAL AND CONSENT BY THE COUNTY TO
ASSUME RESPONSIBILITY FOR THE EMERGENCY MEDICAL SERVICES PREVIOUSLY
PROVIDED BY SUCH DISTRICT. SUCH EXPRESS COUNTY APPROVAL AND CONSENT
SHALL BE ADOPTED BY RESOLUTION OF THE COUNTY LEGISLATIVE BODY, AND THE
RESOLUTION SHALL BE FILED WITH THE DEPARTMENT OF STATE. WHEN A SPECIAL
DISTRICT IS ESTABLISHED PURSUANT TO THIS ARTICLE, THE CITIES, TOWNS, OR
VILLAGES CONTAINED WITHIN THE COUNTY SHALL NOT REDUCE CURRENT AMBULANCE
S. 3007--A 71 A. 3007--A
FUNDING WITHOUT SUCH CHANGES BEING INCORPORATED INTO THE COMPREHENSIVE
COUNTY EMERGENCY MEDICAL SYSTEM PLAN.
§ 6. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
§ 3000. Declaration of policy and statement of purpose. The furnishing
of medical assistance in an emergency is a matter of vital STATE concern
affecting the public health, safety and welfare. EMERGENCY MEDICAL
SERVICES AND AMBULANCE SERVICES ARE ESSENTIAL SERVICES AND SHALL BE
AVAILABLE TO EVERY PERSON IN THE STATE IN A RELIABLE MANNER. Prehospital
emergency medical care, OTHER EMERGENCY MEDICAL SERVICES, the provision
of prompt and effective communication among ambulances and hospitals and
safe and effective care and transportation of the sick and injured are
essential public health services AND SHALL BE AVAILABLE TO EVERY PERSON
IN THE STATE IN A RELIABLE MANNER.
It is the purpose of this article to promote the public health, safety
and welfare by providing for certification of all advanced life support
first response services and ambulance services; the creation of regional
emergency medical services councils; and a New York state emergency
medical services council to develop minimum training standards for
certified first responders, emergency medical technicians and advanced
emergency medical technicians and minimum equipment and communication
standards for advanced life support first response services and ambu-
lance services.
§ 7. Subdivision 1 of section 3001 of public health law, as amended by
chapter 804 of the laws of 1992, is amended to read as follows:
1. "Emergency medical service" means [initial emergency medical
assistance including, but not limited to, the treatment of trauma,
burns, respiratory, circulatory and obstetrical emergencies.] A COORDI-
NATED SYSTEM OF MEDICAL RESPONSE, INCLUDING ASSESSMENT, TREATMENT,
TRANSPORTATION, EMERGENCY MEDICAL DISPATCH, MEDICAL DIRECTION, AND EMER-
GENCY MEDICAL SERVICES EDUCATION THAT PROVIDES ESSENTIAL EMERGENCY AND
NON-EMERGENCY CARE AND TRANSPORTATION FOR THE ILL AND INJURED, WHILE
SUPPORTING PUBLIC HEALTH, EMERGENCY PREPAREDNESS, AND RISK MITIGATION
THROUGH AN ORGANIZED AND PLANNED RESPONSE SYSTEM.
§ 8. The public health law is amended by adding a new section 3003-c
to read as follows:
§ 3003-C. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS. 1. THE
PURPOSE OF THIS SECTION IS TO PROMOTE INNOVATION IN EMERGENCY MEDICAL
SERVICES BY ENABLING AGENCIES AND PRACTITIONERS TO DEVELOP AND TEST
NOVEL DELIVERY MODELS AND CARE STRATEGIES THAT ADDRESS THE DIVERSE NEEDS
OF THEIR COMMUNITIES. THIS INCLUDES IMPROVING PATIENT OUTCOMES, SYSTEM
EFFICIENCY, AND COST-EFFECTIVENESS, PARTICULARLY IN RURAL AND UNDER-
SERVED REGIONS. DEMONSTRATION PROGRAMS MAY ENHANCE THE OPERATIONAL GOALS
OF STATE AND COUNTY EMERGENCY MEDICAL SERVICES PLANS AND SERVE AS MODELS
FOR BROADER ADOPTION STATEWIDE.
2. THE COMMISSIONER IS AUTHORIZED TO:
(A) APPROVE EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS THAT
ALIGN WITH THE OBJECTIVES OF THIS SECTION, ENSURING THAT THEY ADDRESS
REGIONAL NEEDS AND PROMOTE SYSTEM-LEVEL IMPROVEMENTS;
(B) PROVIDE FINANCIAL SUPPORT FOR THESE PROGRAMS, SUBJECT TO THE
AVAILABILITY OF APPROPRIATED FUNDS; AND
(C) GRANT WAIVERS FOR SPECIFIC PROVISIONS OF THIS ARTICLE, ARTICLE
THIRTY-A OF THIS CHAPTER, OR APPLICABLE REGULATIONS, AS NECESSARY TO
IMPLEMENT APPROVED DEMONSTRATION PROGRAMS. WAIVERS SHALL PRIORITIZE
PATIENT SAFETY AND THE INTEGRITY OF CARE DELIVERY.
S. 3007--A 72 A. 3007--A
3. EMERGENCY MEDICAL SERVICES DEMONSTRATION PROGRAMS SHALL BE SUBMIT-
TED TO THE DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTATION.
PROPOSALS MUST INCLUDE A DETAILED PLAN OUTLINING PROGRAM OBJECTIVES,
OPERATIONAL DETAILS, ANTICIPATED OUTCOMES, AND MECHANISMS TO ENSURE
PATIENT SAFETY AND COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
APPROVED DEMONSTRATION PROGRAMS SHALL UNDERGO PERIODIC EVALUATION,
ASSESSING METRICS SUCH AS PATIENT OUTCOMES, SYSTEM PERFORMANCE, AND
COST-EFFECTIVENESS, TO ENSURE ALIGNMENT WITH PROGRAM GOALS AND INFORM
POTENTIAL STATEWIDE ADOPTION.
4. DEMONSTRATION PROGRAMS APPROVED UNDER THIS SECTION SHALL NOT
INCLUDE, OVERLAP, OR REPLICATE SERVICES INCLUDED IN THE COMMUNITY-BASED
PARAMEDICINE DEMONSTRATION PROGRAM AS DEFINED UNDER SECTION THREE THOU-
SAND EIGHTEEN OF THIS ARTICLE.
§ 9. Section 3020 of the public health law is amended by adding a new
subdivision 3 to read as follows:
3. THE DEPARTMENT, IN CONSULTATION WITH THE STATE COUNCIL, SHALL
ESTABLISH STANDARDS FOR THE LICENSURE OF EMERGENCY MEDICAL SERVICES
PRACTITIONERS BY THE COMMISSIONER. SUCH STANDARDS SHALL ALIGN WITH
EXISTING REQUIREMENTS FOR CERTIFICATION AND SHALL NOT IMPOSE ADDITIONAL
BURDENS OR REQUIREMENTS BEYOND THOSE NECESSARY TO ENSURE COMPETENCE AND
PUBLIC SAFETY. THE TERM "LICENSED" SHALL REPLACE "CERTIFIED" TO REFLECT
THE PROFESSIONAL STATUS OF EMERGENCY MEDICAL SERVICES PRACTITIONERS,
INCLUDING BUT NOT LIMITED TO EMERGENCY MEDICAL TECHNICIANS AND ADVANCED
EMERGENCY MEDICAL TECHNICIANS.
§ 10. This act shall take effect six months after it shall have become
a law.
PART S
Section 1. Section 4552 of the public health law, as added by section
1 of part M of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 4552. Notice of material transactions; requirements. 1. A health
care entity shall submit to the department written notice, with support-
ing documentation as described below and further defined in regulation
developed by the department, which the department shall be in receipt of
at least [thirty] SIXTY days before the closing date of the transaction,
in the form and manner prescribed by the department. Immediately upon
the submission to the department, the department shall submit electronic
copies of such notice with supporting documentation to the antitrust,
health care and charities bureaus of the office of the New York attorney
general. Such written notice shall include, but not be limited to:
(a) The names of the parties to the material transaction and their
current addresses;
(b) Copies of any definitive agreements governing the terms of the
material transaction, including pre- and post-closing conditions;
(c) Identification of all locations where health care services are
currently provided by each party and the revenue generated in the state
from such locations;
(d) Any plans to reduce or eliminate services and/or participation in
specific plan networks;
(e) The closing date of the proposed material transaction;
(f) A brief description of the nature and purpose of the proposed
material transaction including:
S. 3007--A 73 A. 3007--A
(i) the anticipated impact of the material transaction on cost, quali-
ty, access, health equity, and competition in the impacted markets,
which may be supported by data and a formal market impact analysis; and
(ii) any commitments by the health care entity to address anticipated
impacts[.];
(G) A STATEMENT AS TO WHETHER ANY PARTY TO THE TRANSACTION, OR A
CONTROLLING PERSON OR PARENT COMPANY OF SUCH PARTY, OWNS ANY OTHER
HEALTH CARE ENTITY WHICH, IN THE PAST THREE YEARS HAS CLOSED OPERATIONS,
IS IN THE PROCESS OF CLOSING OPERATIONS, OR HAS EXPERIENCED A SUBSTAN-
TIAL REDUCTION IN SERVICES PROVIDED. THE PARTIES SHALL SPECIFICALLY
IDENTIFY THE HEALTH CARE ENTITY OR ENTITIES SUBJECT TO SUCH CLOSURE OR
SUBSTANTIAL SERVICE REDUCTION AND DETAIL THE CIRCUMSTANCES OF SUCH; AND
(H) A STATEMENT AS TO WHETHER A SALE-LEASEBACK AGREEMENT OR MORTGAGE
OR LEASE PAYMENTS OR OTHER PAYMENTS ASSOCIATED WITH REAL ESTATE ARE A
COMPONENT OF THE PROPOSED TRANSACTION AND IF SO, THE PARTIES SHALL
PROVIDE THE PROPOSED SALE-LEASEBACK AGREEMENT OR MORTGAGE, LEASE, OR
REAL ESTATE DOCUMENTS WITH THE NOTICE.
2. [(a) Except as provided in paragraph (b) of this subdivision,
supporting documentation as described in subdivision one of this section
shall not be subject to disclosure under article six of the public offi-
cers law.
(b)] During such [thirty-day] SIXTY-DAY period prior to the closing
date, the department shall post on its website:
[(i)] (A) a summary of the proposed transaction;
[(ii)] (B) an explanation of the groups or individuals likely to be
impacted by the transaction;
[(iii)] (C) information about services currently provided by the
health care entity, commitments by the health care entity to continue
such services and any services that will be reduced or eliminated; and
[(iv)] (D) details about how to submit comments, in a format that is
easy to find and easy to read.
3. (A) A health care entity that is a party to a material transaction
shall notify the department upon closing of the transaction in the form
and manner prescribed by the department.
(B) ANNUALLY, FOR A FIVE-YEAR PERIOD FOLLOWING CLOSING OF THE TRANS-
ACTION AND ON THE DATE OF SUCH ANNIVERSARY, PARTIES TO A MATERIAL TRANS-
ACTION SHALL NOTIFY THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY
THE DEPARTMENT, OF FACTORS AND METRICS TO ASSESS THE IMPACTS OF THE
TRANSACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION.
THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION, INCLUDING
ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCUMENTS AND
INFORMATION IN CONNECTION WITH THE ANNUAL REPORT REQUIRED UNDER THIS
PARAGRAPH, TO THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO
ASSESS THE IMPACTS OF THE TRANSACTION ON COST, QUALITY, ACCESS, HEALTH
EQUITY, AND COMPETITION OR TO VERIFY OR CLARIFY INFORMATION SUBMITTED IN
SUPPORT OR AS PART OF THE ANNUAL REPORT REQUIRED UNDER THIS PARAGRAPH.
PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE DAYS OF REQUEST.
4. (A) THE DEPARTMENT SHALL CONDUCT A PRELIMINARY REVIEW OF ALL
PROPOSED TRANSACTIONS. REVIEW OF A MATERIAL TRANSACTION NOTICE MAY ALSO,
AT THE DISCRETION OF THE DEPARTMENT, CONSIST OF A FULL COST AND MARKET
IMPACT REVIEW. THE DEPARTMENT SHALL NOTIFY THE PARTIES IF AND WHEN IT
DETERMINES THAT A FULL COST AND MARKET IMPACT REVIEW IS REQUIRED AND, IF
SO, THE DATE THAT THE PRELIMINARY REVIEW IS COMPLETED.
(B) IN THE EVENT THE DEPARTMENT DETERMINES THAT A FULL COST AND MARKET
IMPACT REVIEW IS REQUIRED, THE DEPARTMENT SHALL HAVE DISCRETION TO
REQUIRE PARTIES TO DELAY THE PROPOSED TRANSACTION CLOSING UNTIL SUCH
S. 3007--A 74 A. 3007--A
COST AND MARKET IMPACT REVIEW IS COMPLETED, BUT IN NO EVENT SHALL THE
CLOSING BE DELAYED MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE DATE THE
DEPARTMENT COMPLETES ITS PRELIMINARY REVIEW OF THE PROPOSED TRANSACTION.
(C) THE DEPARTMENT MAY ASSESS ON PARTIES TO A MATERIAL TRANSACTION ALL
ACTUAL, REASONABLE, AND DIRECT COSTS INCURRED IN REVIEWING AND EVALUAT-
ING THE NOTICE. ANY SUCH FEES SHALL BE PAYABLE TO THE DEPARTMENT WITHIN
FOURTEEN DAYS OF NOTICE OF SUCH ASSESSMENT.
5. (A) THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION,
INCLUDING ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCU-
MENTS AND INFORMATION IN CONNECTION WITH A MATERIAL TRANSACTION NOTICE
OR A FULL COST AND MARKET IMPACT REVIEW REQUIRED UNDER THIS SECTION, TO
THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO CONDUCT A PRELIM-
INARY REVIEW OF THE TRANSACTION; TO ASSESS THE IMPACTS OF THE TRANS-
ACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION; OR TO
VERIFY OR CLARIFY INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION. PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE
DAYS OF REQUEST.
(B) THE DEPARTMENT SHALL KEEP CONFIDENTIAL ALL NONPUBLIC INFORMATION
AND DOCUMENTS OBTAINED UNDER THIS SUBDIVISION AND SHALL NOT DISCLOSE THE
INFORMATION OR DOCUMENTS TO ANY PERSON WITHOUT THE CONSENT OF THE
PARTIES TO THE PROPOSED TRANSACTION, EXCEPT AS SET FORTH IN PARAGRAPH
(C) OF THIS SUBDIVISION.
(C) ANY DATA REPORTED TO THE DEPARTMENT PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, ANY INFORMATION OBTAINED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, AND ANY COST AND MARKET IMPACT REVIEW FINDINGS MADE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MAY BE USED AS EVIDENCE IN
INVESTIGATIONS, REVIEWS, OR OTHER ACTIONS BY THE DEPARTMENT OR THE
OFFICE OF THE ATTORNEY GENERAL, INCLUDING BUT NOT LIMITED TO USE BY THE
DEPARTMENT IN ASSESSING CERTIFICATE OF NEED APPLICATIONS SUBMITTED BY
THE SAME HEALTHCARE ENTITIES INVOLVED IN THE REPORTED MATERIAL TRANS-
ACTION OR UNRELATED PARTIES WHICH ARE LOCATED IN THE SAME MARKET AREA
IDENTIFIED IN THE COST AND MARKET IMPACT REVIEW.
6. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, DOCUMENTA-
TION, DATA, AND INFORMATION SUBMITTED TO THE DEPARTMENT AS DESCRIBED IN
SUBDIVISIONS ONE, THREE, AND FIVE OF THIS SECTION SHALL NOT BE SUBJECT
TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS
SECTION.
8. Failure to [notify the department of a material transaction under]
COMPLY WITH ANY REQUIREMENT OF this section shall be subject to civil
penalties under section twelve of this chapter. Each day in which the
violation continues shall constitute a separate violation.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART T
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 2805-i of the public health law are relettered paragraphs (d),
(e), (f) and (g) and three new paragraphs (a), (b) and (c) are added to
read as follows:
(A) MAINTAINING THE FOLLOWING FULL-TIME, PART-TIME, CONTRACTED, OR
ON-CALL STAFF:
S. 3007--A 75 A. 3007--A
(1) ONE OR MORE HOSPITAL SEXUAL VIOLENCE RESPONSE COORDINATORS WHO ARE
DESIGNATED TO ENSURE THAT THE HOSPITAL'S SEXUAL VIOLENCE RESPONSE IS
INTEGRATED WITHIN THE HOSPITAL'S CLINICAL OVERSIGHT AND QUALITY IMPROVE-
MENT STRUCTURE AND TO ENSURE CHAIN OF CUSTODY IS MAINTAINED;
(2) SEXUAL ASSAULT FORENSIC EXAMINERS SUFFICIENT TO MEET HOSPITAL
NEEDS. SUCH INDIVIDUALS SHALL:
(I) BE A REGISTERED PROFESSIONAL NURSE, CERTIFIED NURSE PRACTITIONER,
LICENSED PHYSICIAN ASSISTANT OR LICENSED PHYSICIAN ACTING WITHIN THEIR
LAWFUL SCOPE OF PRACTICE AND SPECIALLY TRAINED IN FORENSIC EXAMINATION
OF SEXUAL OFFENSE VICTIMS AND THE PRESERVATION OF FORENSIC EVIDENCE IN
SUCH CASES AND CERTIFIED AS QUALIFIED TO PROVIDE SUCH SERVICES, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER; AND
(II) HAVE SUCCESSFULLY COMPLETED A DIDACTIC AND CLINICAL TRAINING
COURSE AND POST COURSE PRECEPTORSHIP AS APPROPRIATE TO SCOPE OF PRACTICE
THAT ALIGNS WITH GUIDANCE RELEASED BY THE COMMISSIONER.
(B) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS ARE ON-CALL
AND AVAILABLE ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE YEAR;
(C) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS MAINTAIN
COMPETENCY IN PROVIDING SEXUAL ASSAULT EXAMINATIONS;
§ 2. Paragraph (a) of subdivision 13 of section 631 of the executive
law, as amended by section 3 of subpart S of part XX of chapter 55 of
the laws of 2020, is amended to read as follows:
(a) Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in
consultation with the department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services, hospi-
tal or healthcare facility services related to the exam, and any neces-
sary related laboratory tests or pharmaceuticals; including but not
limited to HIV post-exposure prophylaxis provided by a hospital emergen-
cy room at the time of the forensic rape examination pursuant to para-
graph [(c)] (F) of subdivision one of section twenty-eight hundred
five-i of the public health law. For a person eighteen years of age or
older, follow-up HIV post-exposure prophylaxis costs shall continue to
be reimbursed according to established office procedure. The office, in
consultation with the department of health, shall also generate the
necessary regulations and forms for the direct reimbursement procedure.
§ 3. Paragraph (d) of subdivision 1 and paragraph (c) of subdivision 2
of section 2805-p of the public health law, as added by chapter 625 of
the laws of 2003, are amended to read as follows:
(d) "Rape survivor" or "survivor" shall mean any [female] person who
alleges or is alleged to have been raped and who presents as a patient.
(c) provide emergency contraception to such survivor, unless contrain-
dicated, upon [her] SUCH SURVIVOR'S request. No hospital may be required
to provide emergency contraception to a rape survivor who is pregnant.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that sections one and two of this act shall take effect October
1, 2025.
S. 3007--A 76 A. 3007--A
PART U
Section 1. Paragraph (g) of subdivision 2 of section 4100 of the
public health law is REPEALED.
§ 2. Paragraphs (h) and (i) of subdivision 2 of section 4100 of the
public health law, paragraph (h) as added by chapter 545 of the laws of
1965 and paragraph (i) as added by chapter 690 of the laws of 1994, are
amended to read as follows:
[(h)] (G) prescribe and prepare the necessary methods and forms for
obtaining and preserving records and statistics of autopsies which are
conducted by a coroner or by a medical examiner, or by [his] THEIR
order, within the state of New York, and shall require all those
performing such autopsies, for the purpose of determining the cause of
death or the means or manner of death, to enter upon such record the
pathological appearances and findings embodying such information as may
be prescribed, and to append thereto the diagnosis of the cause of death
and the means or manner of death[.]; AND
[(i)] (H) upon notification by the division of criminal justice
services that a person who was born in the state is a missing child,
flag the certificate record of that person in such manner that whenever
a copy of the record is requested, [he or she] SUCH PERSON shall be
alerted to the fact that the record is that of a missing child. The
commissioner shall also notify the appropriate registrar to likewise
flag [his or her] THEIR records. The commissioner or registrar shall
immediately report to the local law enforcement authority and the divi-
sion of criminal justice services any request concerning flagged birth
records or knowledge as to the whereabouts of any missing child. Upon
notification by the division of criminal justice services that the miss-
ing child has been recovered, the commissioner shall remove the flag
from the person's certificate record and shall notify any other previ-
ously notified registrar to remove the flag from [his or her] THEIR
record. In the city of New York, the commissioner of the department of
health for the city of New York shall implement the requirements of this
paragraph.
§ 3. Section 4104 of the public health law, as amended by chapter 491
of the laws of 2019, is amended to read as follows:
§ 4104. Vital statistics; application of article. The provisions of
this article except for the provisions contained in paragraph [(i)] (H)
of subdivision two and subdivision four of section four thousand one
hundred, section four thousand one hundred three, subdivision two of
section four thousand one hundred thirty-five, section four thousand one
hundred thirty-five-b, subdivision eight of section four thousand one
hundred seventy-four, paragraphs (b) and (e) of subdivision one, para-
graph (a) and (b) of subdivision three, and subdivisions five and eight
of section four thousand one hundred thirty-eight, subdivision eleven of
section four thousand one hundred thirty-eight-c, paragraph (b) of
subdivision three of section four thousand one hundred thirty-eight-d,
section four thousand one hundred thirty-eight-e and section four thou-
sand one hundred seventy-nine of this article, shall not apply to the
city of New York.
§ 4. Subdivision (h) of section 4170 of the public health law, as
added by chapter 690 of the laws of 1994, is amended to read as follows:
(h) immediately notify the division of criminal justice services in
the event that a copy of a birth certificate or information concerning
the birth records of any person whose record is flagged pursuant to
paragraph [(i)] (H) of subdivision two of section four thousand one
S. 3007--A 77 A. 3007--A
hundred of this article is requested. In the event that a copy of the
birth certificate of a person whose record is so flagged is requested in
person, the registrar's personnel accepting the request shall immediate-
ly notify [his or her] THEIR supervisor who shall notify the local law
enforcement agency and department in accordance with regulations promul-
gated by the department. The person making the request shall complete a
form as prescribed by the commissioner, which shall include the name,
address, telephone numbers and social security numbers of the person
making the request. A motor vehicle operator's license, or if such
license is not available, such other identification as the commissioner
determines to be satisfactory, shall be presented, photocopied and
returned to [him or her] THEM. When a copy of the birth certificate of a
person whose record has been flagged is requested in writing, the
registrar shall notify the local law enforcement agency and the depart-
ment in accordance with regulations promulgated by the department.
§ 5. Subdivisions 2, 3, 8, and 9 of section 4174 of the public health
law, subdivisions 2 and 3 as amended by section 2 and subdivision 9 as
added by section 3 of part W2 of chapter 62 of the laws of 2003 and
subdivision 8 as added by chapter 690 of the laws of 1994, are amended
to read as follows:
2. Each applicant for a certification of birth or death, certificate
of birth data or for a certified copy or certified transcript of a birth
or death certificate or certificate of birth data shall remit to the
commissioner with such application a fee of [thirty] FORTY-FIVE dollars
in payment for the search of the files and records and the furnishing of
a certification, certified copy or certified transcript if such record
is found or for a certification that a search discloses no record of a
birth or of a death.
3. [For any] REGARDING REQUESTS TO search [of the files and] VITAL
records [conducted] for authorized genealogical or research purposes[,
the commissioner or any person authorized by him shall be entitled to,
and the applicant shall pay, a fee of twenty dollars for each hour or
fractional part of an hour of time of search, together with a fee of two
dollars for each uncertified copy or abstract of such record requested
by the applicant or for a certification that a search discloses no
record.]:
(A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER
SHALL HAVE THE AUTHORITY TO DETERMINE THE MEANS AND METHODS BY WHICH THE
FOLLOWING GENEALOGICAL RECORDS MAY BE RELEASED TO AN APPLICANT MEETING
THE QUALIFICATIONS TO RECEIVE THE RELEVANT RECORD TYPE AS DESCRIBED IN
THIS ARTICLE OR ARTICLE THREE OF THE DOMESTIC RELATIONS LAW: (1) A
RECORD OF BIRTH WHICH HAS BEEN ON FILE FOR AT LEAST ONE HUNDRED TWENTY-
FIVE YEARS, WHEN THE PERSON TO WHOM THE RECORD RELATES IS KNOWN TO BE
DECEASED, (2) A RECORD OF DEATH WHICH HAS BEEN ON FILE FOR AT LEAST
SEVENTY-FIVE YEARS, OR (3) A RECORD OF MARRIAGE OR DISSOLUTION OF
MARRIAGE WHICH HAS BEEN ON FILE FOR AT LEAST ONE HUNDRED YEARS, WHEN
BOTH PARTIES TO THE MARRIAGE ARE KNOWN TO BE DECEASED. NO SUCH RECORD OR
ABSTRACT OF SUCH RECORD SHALL BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX
OF THE PUBLIC OFFICERS LAW.
(B) THE COMMISSIONER OR ANY PERSON AUTHORIZED BY THEM SHALL HAVE THE
AUTHORITY TO APPROVE A REQUEST FOR RECORDS SOUGHT FOR RESEARCH PURPOSES.
IN THE EVENT THAT SUCH APPROVAL IS GRANTED, THE COMMISSIONER OR ANY
PERSON AUTHORIZED BY THEM SHALL BE ENTITLED TO, AND THE APPLICANT SHALL
PAY, A FEE OF FIFTY DOLLARS FOR EACH HOUR OR FRACTIONAL PART OF EACH
HOUR OF TIME DEVOTED TO SEARCH OR RETRIEVAL OF RECORDS, TOGETHER WITH A
FEE OF FORTY-FIVE DOLLARS FOR EACH UNCERTIFIED COPY OR ABSTRACT OF AN
S. 3007--A 78 A. 3007--A
INDIVIDUAL RECORD OR FOR A CERTIFICATION THAT A SEARCH DISCLOSES NO
RECORD.
8. The commissioner, the commissioner of health of the city of New
York, or any person authorized by the commissioner having jurisdiction
shall immediately notify the division of criminal justice services in
the event that a copy of a birth certificate or information concerning
the birth records of any person whose record is flagged pursuant to
paragraph [(i)] (H) of subdivision two of section four thousand one
hundred of this article is requested. In the event that a copy of the
birth certificate of a person whose record is so flagged is requested in
person, the personnel accepting the request shall immediately notify
[his or her] THEIR supervisor. The person making the request shall
complete a form as prescribed by the commissioner or, in the city of New
York, the commissioner of health of the city of New York, which shall
include the name, address and telephone numbers and social security
number of the person making the request. A motor vehicle operator's
license, or if such license is not available, such other identification
as the commissioner, or in the city of New York, the commissioner of the
New York city department of health, determines to be satisfactory, of
the person making the request shall be presented, shall be photocopied
and returned to [him or her] THEM. The person receiving the request
shall note the physical description of the person making the request and
[his or her] THEIR supervisor shall immediately notify the local law
enforcement authority as to the request and the information obtained
pursuant to this [subsection] SUBDIVISION. When a copy of the birth
certificate of a person whose record has been flagged is requested in
writing, the law enforcement authority having jurisdiction shall be
notified as to the request and shall be provided with a copy of the
written request. The registrar shall retain the original written
response.
9. The commissioner may institute an additional fee of [fifteen] THIR-
TY dollars for priority handling for each certification, certified copy
or certified transcript of certificates of birth, death, or dissolution
of marriage; or [fifteen] THIRTY dollars for priority handling for each
certification, certified copy or certified transcript of certificate of
marriage.
§ 6. This act shall take effect immediately and shall be deemed to be
in full force and effect on and after April 1, 2025.
PART V
Section 1. This part enacts into law major components of legislation
relating to the scope of practice of certified nurse aides, medical
assistants, pharmacists, and pharmacy technicians. Each component is
wholly contained within a Subpart identified as Subparts A through E.
The effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this Part sets forth the general effective
date of this Part.
SUBPART A
S. 3007--A 79 A. 3007--A
Section 1. Section 6908 of the education law is amended by adding a
new subdivision 3 to read as follows:
3. THIS ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING MEDICATION
RELATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE WORKING IN A RESI-
DENTIAL HEALTH CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW, IN ACCORDANCE WITH REGULATIONS DEVELOPED
BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER.
THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER, SHALL
ADOPT REGULATIONS GOVERNING CERTIFIED MEDICATION AIDES THAT, AT A MINI-
MUM, SHALL:
A. SPECIFY THE MEDICATION-RELATED TASKS THAT MAY BE PERFORMED BY
CERTIFIED MEDICATION AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS
SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND
PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
OF ADMINISTRATION, PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY
INJECTION, STERILE PROCEDURES, AND CENTRAL LINE MAINTENANCE SHALL BE
PROHIBITED. PROVIDED, HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO
INJECTIONS OF INSULIN OR OTHER INJECTIONS FOR DIABETES CARE, TO
INJECTIONS OF LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
JECTIONS OF NALOXONE AND EPINEPHRINE FOR EMERGENCY PURPOSES, AND
PROVIDED, FURTHER, THAT ENTITIES EMPLOYING CERTIFIED MEDICATION AIDES
PURSUANT TO THIS SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
ADDRESS DRUG DIVERSION;
B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED MEDI-
CATION AIDES MAY BE PERFORMED ONLY UNDER APPROPRIATE SUPERVISION AS
DETERMINED BY THE COMMISSIONER OF HEALTH;
C. ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE. SUCH
PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) ALLOWING ASSIGNMENT OF MEDICATION-RELATED TASKS TO A CERTIFIED
MEDICATION AIDE ONLY WHERE SUCH CERTIFIED MEDICATION AIDE HAS DEMON-
STRATED TO THE SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL
NURSE COMPETENCY IN EVERY MEDICATION-RELATED TASK THAT SUCH CERTIFIED
MEDICATION AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM SUCH
MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
COMMUNICATE WITH THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH
INDIVIDUAL'S NEEDS;
(II) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE TO
REVOKE ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED MEDICATION
AIDE FOR ANY REASON; AND
(III) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE
REQUIRED TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS DEMONSTRATED
COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
D. PROVIDE THAT MEDICATION-RELATED TASKS MAY BE PERFORMED ONLY IN
ACCORDANCE WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S
ORDERED CARE;
E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
(I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
(II) A HIGH SCHOOL DIPLOMA, OR ITS EQUIVALENT;
(III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
(IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
A RESIDENTIAL HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-
S. 3007--A 80 A. 3007--A
EIGHT OF THE PUBLIC HEALTH LAW OR A SIMILARLY LICENSED FACILITY IN
ANOTHER STATE OR UNITED STATES TERRITORY;
(V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
MATH SKILLS;
(VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER OF HEALTH
IN CONSULTATION WITH THE COMMISSIONER;
(VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER; AND
(VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER;
F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELVES OUT,
OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER
THE PROVISIONS OF THIS ARTICLE;
G. PROVIDE THAT A CERTIFIED MEDICATION AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
PERFORM ANY MEDICATION-RELATED TASKS OR ACTIVITIES PURSUANT TO THIS
SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT BEEN APPROPRI-
ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
TION-RELATED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION
ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
ISTRATION RECORD; AND
J. PROVIDE THAT THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
RETAIN THE DISCRETION TO DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT BE
SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
§ 2. Section 6909 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A RESIDENTIAL
HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, MAY, IN ACCORDANCE WITH THIS SUBDIVISION, ASSIGN
CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
VIDUALS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
§ 3. Paragraph (a) of subdivision 3 of section 2803-j of the public
health law, as added by chapter 717 of the laws of 1989, is amended to
read as follows:
(a) Identification of individuals who have successfully completed a
nurse aide training and competency evaluation program, [or] a nurse aide
competency evaluation program, OR A MEDICATION AIDE PROGRAM;
§ 4. The commissioner of health shall, in consultation with the
commissioner of education, issue a report on the implementation of
certified medication aides in residential care facilities in the state
two years after the effective date of this act. Such report shall
include the number of certified medication aides authorized pursuant to
this act; the impact, if any, that the introduction of certified medica-
tion aides had on workforce availability in residential care facilities
and/or the retention of registered nurses and/or licensed practical
nurses working in residential care facilities; the number of complaints
pertaining to services provided by certified medication aides that were
reported to the department of health; and the number of certified medi-
cation aides who had their authorization limited or revoked. Such report
S. 3007--A 81 A. 3007--A
shall provide recommendations to the governor and the chairs of the
senate and assembly health and higher education committees regarding the
implementation of certified medication aides pursuant to this act, and
any recommendations related thereto.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire ten years following such
effective date when upon such date the provisions of this act shall
expire and be deemed repealed.
SUBPART B
Section 1. Section 6526 of the education law is amended by adding a
new subdivision 9-a to read as follows:
9-A. A MEDICAL ASSISTANT WHEN DRAWING AND ADMINISTERING AN IMMUNIZA-
TION IN AN OUTPATIENT OFFICE SETTING UNDER THE DIRECT SUPERVISION OF A
PHYSICIAN OR A PHYSICIAN ASSISTANT.
§ 2. The public health law is amended by adding a new section 2113 to
read as follows:
§ 2113. ADMINISTRATION OF IMMUNIZATIONS; MEDICAL ASSISTANTS. NOTWITH-
STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, PHYSICIANS
AND PHYSICIAN ASSISTANTS ARE HEREBY AUTHORIZED TO DELEGATE THE TASK OF
DRAWING UP AND ADMINISTERING IMMUNIZATIONS TO MEDICAL ASSISTANTS IN
OUTPATIENT OFFICE SETTINGS PROVIDED SUCH IMMUNIZATIONS ARE RECOMMENDED
BY THE ADVISORY COMMITTEE FOR IMMUNIZATION PRACTICES (ACIP) OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION; AND PROVIDED FURTHER THAT
MEDICAL ASSISTANTS RECEIVE APPROPRIATE TRAINING AND ADEQUATE SUPERVISION
DETERMINED PURSUANT TO REGULATIONS BY THE COMMISSIONER IN CONSULTATION
WITH THE COMMISSIONER OF EDUCATION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART C
Section 1. Paragraphs (a) and (b) of subdivision 7 of section 6527 of
the education law, as amended by chapter 555 of the laws of 2021, are
amended to read as follows:
(a) administering immunizations to prevent influenza AND COVID-19 to
patients two years of age or older; and (b) administering immunizations
to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,]
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis to patients eighteen
years of age or older; and
§ 2. Paragraph (b) of subdivision 4 of section 6801 of the education
law, as amended by section 1 of part DD of chapter 57 of the laws of
2018, is amended to read as follows:
(b) education materials on influenza AND COVID-19 vaccinations for
children as determined by the commissioner and the commissioner of
health.
§ 3. Subparagraph 2 of paragraph (a) of subdivision 22 of section 6802
of the education law, as amended by chapter 802 of the laws of 2022, is
amended to read as follows:
S. 3007--A 82 A. 3007--A
(2) the direct application of an immunizing agent to children between
the ages of two and eighteen years of age, whether by injection, inges-
tion, inhalation or any other means, pursuant to a patient specific
order or non-patient specific regimen prescribed or ordered by a physi-
cian or certified nurse practitioner, for immunization to prevent influ-
enza AND COVID-19 and medications required for emergency treatment of
anaphylaxis resulting from such immunization. If the commissioner of
health determines that there is an outbreak of influenza OR COVID-19, or
that there is the imminent threat of an outbreak of influenza OR COVID-
19, then the commissioner of health may issue a non-patient specific
regimen applicable statewide.
§ 4. Paragraphs (a) and (b) of subdivision 7 of section 6909 of the
education law, as amended by chapter 555 of the laws of 2021, are
amended to read as follows:
(a) administering immunizations to prevent influenza AND COVID-19 to
patients two years of age or older; and (b) administering immunizations
to prevent pneumococcal, acute herpes zoster, hepatitis A, hepatitis B,
human papillomavirus, measles, mumps, rubella, varicella, [COVID-19,]
meningococcal, tetanus, diphtheria or pertussis disease and medications
required for emergency treatment of anaphylaxis to patients eighteen
years of age or older; and
§ 5. Subdivision 1 of section 6841 of the education law, as added by
chapter 414 of the laws of 2019, is amended to read as follows:
1. (A) A registered pharmacy technician may, under the direct personal
supervision of a licensed pharmacist, assist such licensed pharmacist,
as directed, in compounding, preparing, labeling, or dispensing of drugs
used to fill valid prescriptions or medication orders or in compounding,
preparing, and labeling in anticipation of a valid prescription or medi-
cation order for a patient to be served by the facility, in accordance
with article one hundred thirty-seven of this title where such tasks
require no professional judgment. Such professional judgment shall only
be exercised by a licensed pharmacist. A REGISTERED PHARMACY TECHNICIAN
MAY ADMINISTER THE SAME IMMUNIZATIONS AS LICENSED PHARMACISTS ARE
AUTHORIZED TO ADMINISTER UNDER THE DIRECT SUPERVISION OF A LICENSED
PHARMACIST CONSISTENT WITH THE TRAINING AND OTHER REQUIREMENTS IN ARTI-
CLE ONE HUNDRED THIRTY-SEVEN OF THIS TITLE. A registered pharmacy tech-
nician may only practice in a facility licensed in accordance with arti-
cle twenty-eight of the public health law, or a pharmacy owned and
operated by such a facility, under the direct personal supervision of a
licensed pharmacist employed in such a facility or pharmacy. Such facil-
ity shall be responsible for ensuring that the registered pharmacy tech-
nician has received appropriate training, IN ACCORDANCE WITH PARAGRAPH
(B) OF THIS SUBDIVISION, to ensure competence before [he or she] SUCH
REGISTERED PHARMACY TECHNICIAN begins assisting a licensed pharmacist in
compounding, ADMINISTERING IMMUNIZATIONS, preparing, labeling, or
dispensing of drugs, in accordance with this article and article one
hundred thirty-seven of this title. For the purposes of this article,
direct personal supervision means supervision of procedures based on
instructions given directly by a supervising licensed pharmacist who
remains in the immediate area where the procedures are being performed,
authorizes the procedures and evaluates the procedures performed by the
registered pharmacy technicians and a supervising licensed pharmacist
shall approve all work performed by the registered pharmacy technician
prior to the actual dispensing of any drug.
(B) NO REGISTERED PHARMACY TECHNICIAN SHALL ADMINISTER IMMUNIZING
AGENTS WITHOUT RECEIVING TRAINING SATISFACTORY TO THE COMMISSIONER, IN
S. 3007--A 83 A. 3007--A
CONSULTATION WITH THE COMMISSIONER OF HEALTH, AS PRESCRIBED IN REGU-
LATIONS OF THE COMMISSIONER, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
TECHNIQUES FOR SCREENING INDIVIDUALS AND OBTAINING INFORMED CONSENT;
TECHNIQUES OF ADMINISTRATION; INDICATIONS, PRECAUTIONS, AND CONTRAINDI-
CATIONS IN THE USE OF AN AGENT OR AGENTS; RECORDKEEPING OF IMMUNIZATION
AND INFORMATION; AND HANDLING EMERGENCIES, INCLUDING ANAPHYLAXIS AND
NEEDLESTICK INJURIES. THE REGISTERED PHARMACY TECHNICIAN AND THE FACILI-
TY SHALL MAINTAIN DOCUMENTATION THAT THE REGISTERED PHARMACY TECHNICIAN
HAS COMPLETED THE REQUIRED TRAINING, PURSUANT TO REGULATIONS OF THE
COMMISSIONER.
§ 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
SUBPART D
Section 1. Section 6801 of the education law is amended by adding a
new subdivision 10 to read as follows:
10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY
PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION.
§ 2. This act shall take effect nine months after it shall have become
a law.
SUBPART E
Section 1. Article 131-A of the education law is REPEALED.
§ 2. Section 230-e of the public health law is REPEALED.
§ 3. Title 2-A of article 2 of the public health law is amended by
adding five new sections 230-e, 230-f, 230-g, 230-h and 230-i to read as
follows:
§ 230-E. DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSI-
CIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS. EACH OF THE
FOLLOWING IS PROFESSIONAL MISCONDUCT, AND ANY LICENSEE FOUND GUILTY OF
SUCH MISCONDUCT UNDER THE PROCEDURES DESCRIBED IN SECTION TWO HUNDRED
THIRTY OF THIS TITLE SHALL BE SUBJECT TO PENALTIES AS PRESCRIBED IN
SECTION TWO HUNDRED THIRTY-A OF THIS TITLE EXCEPT THAT THE CHARGES MAY
BE DISMISSED IN THE INTEREST OF JUSTICE:
1. OBTAINING THE LICENSE FRAUDULENTLY;
2. PRACTICING THE PROFESSION FRAUDULENTLY OR BEYOND ITS AUTHORIZED
SCOPE;
3. PRACTICING THE PROFESSION WITH NEGLIGENCE ON MORE THAN ONE OCCA-
SION;
4. PRACTICING THE PROFESSION WITH GROSS NEGLIGENCE ON A PARTICULAR
OCCASION;
5. PRACTICING THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE OCCA-
SION;
6. PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE;
7. PRACTICING THE PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS, PHYS-
ICAL DISABILITY, OR MENTAL DISABILITY;
8. BEING A HABITUAL ABUSER OF ALCOHOL, OR BEING DEPENDENT ON OR A
HABITUAL USER OF NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS,
OR OTHER DRUGS HAVING SIMILAR EFFECTS, EXCEPT FOR A LICENSEE WHO IS
MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR THE
ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
LICENSEE'S ABILITY TO PRACTICE;
9.(A) BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
S. 3007--A 84 A. 3007--A
(I) NEW YORK STATE LAW, OR
(II) FEDERAL LAW, OR
(III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
(B) HAVING BEEN FOUND GUILTY OF IMPROPER PROFESSIONAL PRACTICE OR
PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON WHICH THE FINDING WAS
BASED WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
(C) HAVING BEEN FOUND GUILTY IN AN ADJUDICATORY PROCEEDING OF VIOLAT-
ING A STATE OR FEDERAL STATUTE OR REGULATION, PURSUANT TO A FINAL DECI-
SION OR DETERMINATION, AND WHEN NO APPEAL IS PENDING, OR AFTER RESOL-
UTION OF THE PROCEEDING BY STIPULATION OR AGREEMENT, AND WHEN THE
VIOLATION WOULD CONSTITUTE PROFESSIONAL MISCONDUCT PURSUANT TO THIS
SECTION;
(D) HAVING THEIR LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED OR
HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING THEIR APPLICATION FOR
A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY OR OTHER-
WISE SURRENDERED THEIR LICENSE AFTER A DISCIPLINARY ACTION WAS INSTI-
TUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF ANOTHER
STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION OR
OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCATION
OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF THE
LICENSE WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
(E) HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTI-
CLE THIRTY-THREE OF THIS CHAPTER;
10. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
SUCH PERSON'S RACE, CREED, COLOR OR NATIONAL ORIGIN;
11. PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
ACTIVITIES REQUIRING A LICENSE;
12. PARTICIPATING IN THE PROFESSION WHILE THE LICENSE IS SUSPENDED OR
INACTIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIR-
TY OF THIS TITLE, OR WILLFULLY FAILING TO REGISTER OR NOTIFY THE DEPART-
MENT OF ANY CHANGE OF NAME OR MAILING ADDRESS, OR, IF A PROFESSIONAL
SERVICE CORPORATION, WILLFULLY FAILING TO COMPLY WITH SECTIONS FIFTEEN
HUNDRED THREE AND FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPORATION
LAW OR, IF A UNIVERSITY FACULTY PRACTICE CORPORATION WILLFULLY FAILING
TO COMPLY WITH PARAGRAPHS (B), (C) AND (D) OF SECTION FIFTEEN HUNDRED
THREE AND SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPORATION
LAW;
13. A WILLFUL VIOLATION BY A LICENSEE OF SUBDIVISION ELEVEN OF SECTION
TWO HUNDRED THIRTY OF THIS TITLE;
14. A VIOLATION OF SECTIONS TWENTY-EIGHT HUNDRED THREE-D, TWENTY-EIGHT
HUNDRED FIVE-K OF THIS CHAPTER OR SUBPARAGRAPH (II) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION TWO HUNDRED THIRTY OF THIS TITLE;
15. FAILURE TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
SEVEN, PARAGRAPH (A) OF SUBDIVISION TEN, OR SUBDIVISION SEVENTEEN OF
SECTION TWO HUNDRED THIRTY OF THIS TITLE;
16. A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTANTIAL
PROVISIONS OF FEDERAL, STATE, OR LOCAL LAWS, OR REGULATIONS GOVERNING
THE PRACTICE OF MEDICINE;
17. EXERCISING UNDUE INFLUENCE ON THE PATIENT, INCLUDING THE PROMOTION
OF THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH MANNER AS
TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE LICENSEE OR OF A
THIRD PARTY;
S. 3007--A 85 A. 3007--A
18. DIRECTLY OR INDIRECTLY OFFERING, GIVING, SOLICITING, OR RECEIVING
OR AGREEING TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A
THIRD PARTY FOR THE REFERRAL OF A PATIENT OR IN CONNECTION WITH THE
PERFORMANCE OF PROFESSIONAL SERVICES;
19. PERMITTING ANY PERSON TO SHARE IN THE FEES FOR PROFESSIONAL
SERVICES, OTHER THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN A PROFESSIONAL
FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
TO PRACTICE MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE PRACTICING UNDER
THE SUPERVISION OF A LICENSEE. THIS PROHIBITION SHALL INCLUDE ANY
ARRANGEMENT OR AGREEMENT WHEREBY THE AMOUNT RECEIVED IN PAYMENT FOR
FURNISHING SPACE, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A
LICENSEE CONSTITUTES A PERCENTAGE OF, OR IS OTHERWISE DEPENDENT UPON,
THE INCOME OR RECEIPTS OF THE LICENSEE FROM SUCH PRACTICE, EXCEPT AS
OTHERWISE PROVIDED BY LAW WITH RESPECT TO A FACILITY LICENSED PURSUANT
TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE
MENTAL HYGIENE LAW;
20. CONDUCT IN THE PRACTICE OF MEDICINE WHICH EVIDENCES MORAL UNFIT-
NESS TO PRACTICE MEDICINE;
21. WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING TO FILE A
REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OR THE EDUCATION DEPARTMENT,
OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUCING ANOTHER
PERSON TO DO SO;
22. FAILING TO MAKE AVAILABLE TO A PATIENT, UPON REQUEST, COPIES OF
DOCUMENTS IN THE POSSESSION OR UNDER THE CONTROL OF THE LICENSEE WHICH
HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT;
23. REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMATION
OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE PRIOR CONSENT OF THE
PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW;
24. PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED BY
LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES WHICH THE
LICENSEE KNOWS OR HAS REASON TO KNOW THAT THEY ARE NOT COMPETENT TO
PERFORM, OR PERFORMING WITHOUT ADEQUATE SUPERVISION PROFESSIONAL
SERVICES WHICH THE LICENSEE IS AUTHORIZED TO PERFORM ONLY UNDER THE
SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITUATION
WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER;
25. DELEGATING PROFESSIONAL RESPONSIBILITIES TO A PERSON WHEN THE
LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS REASON TO KNOW
THAT SUCH PERSON IS NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
LICENSURE, TO PERFORM THEM;
26. WITH RESPECT TO ANY NON-EMERGENCY TREATMENT, PROCEDURE OR SURGERY
WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA, FAILING TO
DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS, EXCEPT HEALTH-
CARE PROFESSIONALS IN CERTIFIED ANESTHESIOLOGY TRAINING PROGRAMS, PODIA-
TRISTS AND DENTISTS, REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN
SUCH TREATMENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT'S
INFORMED CONSENT TO SAID PRACTITIONERS' PARTICIPATION;
27. PERFORMING PROFESSIONAL SERVICES WHICH HAVE NOT BEEN DULY AUTHOR-
IZED BY THE PATIENT OR THEIR LEGAL REPRESENTATIVE;
28. ADVERTISING OR SOLICITING FOR PATRONAGE THAT IS NOT IN THE PUBLIC
INTEREST;
(A) ADVERTISING OR SOLICITING NOT IN THE PUBLIC INTEREST SHALL
INCLUDE, BUT NOT BE LIMITED TO, ADVERTISING OR SOLICITING THAT:
(I) IS FALSE, FRAUDULENT, DECEPTIVE, MISLEADING, SENSATIONAL, OR FLAM-
BOYANT;
(II) REPRESENTS INTIMIDATION OR UNDUE PRESSURE;
(III) USES TESTIMONIALS;
S. 3007--A 86 A. 3007--A
(IV) GUARANTEES ANY SERVICE;
(V) MAKES ANY CLAIM RELATING TO PROFESSIONAL SERVICES OR PRODUCTS OR
THE COSTS OR PRICE THEREFOR WHICH CANNOT BE SUBSTANTIATED BY THE LICEN-
SEE, WHO SHALL HAVE THE BURDEN OF PROOF;
(VI) MAKES CLAIMS OF PROFESSIONAL SUPERIORITY WHICH CANNOT BE SUBSTAN-
TIATED BY THE LICENSEE, WHO SHALL HAVE THE BURDEN OF PROOF; OR
(VII) OFFERS BONUSES OR INDUCEMENTS IN ANY FORM OTHER THAN A DISCOUNT
OR REDUCTION IN AN ESTABLISHED FEE OR PRICE FOR A PROFESSIONAL SERVICE
OR PRODUCT.
(B) THE FOLLOWING SHALL BE DEEMED APPROPRIATE MEANS OF INFORMING THE
PUBLIC OF THE AVAILABILITY OF PROFESSIONAL SERVICES:
(I) INFORMATIONAL ADVERTISING NOT CONTRARY TO THE FOREGOING PROHIBI-
TIONS; AND
(II) THE ADVERTISING IN A NEWSPAPER, PERIODICAL OR PROFESSIONAL DIREC-
TORY OR ON RADIO OR TELEVISION OF FIXED PRICES, OR A STATED RANGE OF
PRICES, FOR SPECIFIED ROUTINE PROFESSIONAL SERVICES, PROVIDED THAT IF
THERE IS AN ADDITIONAL CHARGE FOR RELATED SERVICES WHICH ARE AN INTEGRAL
PART OF THE OVERALL SERVICES BEING PROVIDED BY THE LICENSEE, THE ADVER-
TISEMENT SHALL SO STATE, AND PROVIDED FURTHER THAT THE ADVERTISEMENT
INDICATES THE PERIOD OF TIME FOR WHICH THE ADVERTISED PRICES SHALL BE IN
EFFECT.
(C)(I) ALL LICENSEES PLACING ADVERTISEMENTS SHALL MAINTAIN, OR CAUSE
TO BE MAINTAINED, AN EXACT COPY OF EACH ADVERTISEMENT, TRANSCRIPT, TAPE
OR VIDEO TAPE THEREOF AS APPROPRIATE FOR THE MEDIUM USED, FOR A PERIOD
OF ONE YEAR AFTER ITS LAST APPEARANCE. THIS COPY SHALL BE MADE AVAILABLE
FOR INSPECTION UPON DEMAND OF THE DEPARTMENT;
(II) A LICENSEE SHALL NOT COMPENSATE OR GIVE ANYTHING OF VALUE TO
REPRESENTATIVES OF THE PRESS, RADIO, TELEVISION, OR OTHER COMMUNICATIONS
MEDIA IN ANTICIPATION OF OR IN RETURN FOR PROFESSIONAL PUBLICITY IN A
NEWS ITEM;
(D) NO DEMONSTRATIONS, DRAMATIZATIONS OR OTHER PORTRAYALS OF PROFES-
SIONAL PRACTICE SHALL BE PERMITTED IN ADVERTISING ON RADIO OR TELE-
VISION;
29. FAILING TO RESPOND WITHIN THIRTY DAYS TO WRITTEN COMMUNICATIONS
FROM THE DEPARTMENT AND TO MAKE AVAILABLE ANY RELEVANT RECORDS WITH
RESPECT TO AN INQUIRY OR COMPLAINT ABOUT THE LICENSEE'S PROFESSIONAL
MISCONDUCT. THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE WHEN
SUCH COMMUNICATION WAS DELIVERED PERSONALLY TO THE LICENSEE. IF THE
COMMUNICATION IS SENT FROM THE DEPARTMENT BY REGISTERED OR CERTIFIED
MAIL, WITH RETURN RECEIPT REQUESTED, TO THE ADDRESS APPEARING IN THE
LAST REGISTRATION, THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
OF DELIVERY OF THE LICENSEE, AS INDICATED BY THE RETURN RECEIPT;
30. VIOLATING ANY TERM OF PROBATION OR CONDITION OR LIMITATION IMPOSED
ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS TITLE;
31. ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMMEDIATE
PROFESSIONAL CARE, WITHOUT MAKING REASONABLE ARRANGEMENTS FOR THE
CONTINUATION OF SUCH CARE, OR ABANDONING A PROFESSIONAL EMPLOYMENT BY A
GROUP PRACTICE, HOSPITAL, CLINIC OR OTHER HEALTH CARE FACILITY, WITHOUT
REASONABLE NOTICE AND UNDER CIRCUMSTANCES WHICH SERIOUSLY IMPAIR THE
DELIVERY OF PROFESSIONAL CARE OR CLIENTS;
32. WILLFULLY HARASSING, ABUSING, OR INTIMIDATING A PATIENT EITHER
PHYSICALLY OR VERBALLY;
33. FAILING TO MAINTAIN A RECORD FOR EACH PATIENT WHICH ACCURATELY
REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, PROVIDED, HOWEVER,
THAT A LICENSEE WHO TRANSFERS AN ORIGINAL MAMMOGRAM TO A MEDICAL INSTI-
TUTION, OR TO A PHYSICIAN OR HEALTH CARE PROVIDER OF THE PATIENT, OR TO
S. 3007--A 87 A. 3007--A
THE PATIENT DIRECTLY, AS OTHERWISE PROVIDED BY LAW, SHALL HAVE NO OBLI-
GATION UNDER THIS SECTION TO MAINTAIN THE ORIGINAL OR A COPY THEREOF.
UNLESS OTHERWISE PROVIDED BY LAW, ALL PATIENT RECORDS MUST BE RETAINED
FOR AT LEAST SIX YEARS. OBSTETRICAL RECORDS AND RECORDS OF MINOR
PATIENTS MUST BE RETAINED FOR AT LEAST SIX YEARS, AND UNTIL ONE YEAR
AFTER THE MINOR PATIENT REACHES THE AGE OF EIGHTEEN YEARS;
34. FAILING TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO ARE
AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF THE LICENSEE;
35. GUARANTEEING THAT SATISFACTION OR A CURE WILL RESULT FROM THE
PERFORMANCE OF PROFESSIONAL SERVICES;
36. ORDERING OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT FACIL-
ITIES NOT WARRANTED BY THE CONDITION OF THE PATIENT;
37. CLAIMING OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT WHICH
THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT;
38. FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICUOUSLY
DISPLAYED AND LEGIBLE, INDICATING THE PRACTITIONER'S NAME AND PROFES-
SIONAL TITLE AUTHORIZED PURSUANT TO ARTICLE THIRTY-SEVEN-B OF THIS CHAP-
TER OR TITLE EIGHT OF THE EDUCATION LAW WHILE PRACTICING AS AN EMPLOYEE
OR OPERATOR OF A HOSPITAL, CLINIC, GROUP PRACTICE OR MULTI-PROFESSIONAL
FACILITY, OR AT A COMMERCIAL ESTABLISHMENT OFFERING HEALTH SERVICES TO
THE PUBLIC;
39. ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR THE
COMPOUNDING AND/OR DISPENSING OF CODED OR SPECIALLY MARKED
PRESCRIPTIONS;
40. WITH RESPECT TO ALL PROFESSIONAL PRACTICES CONDUCTED UNDER AN
ASSUMED NAME, OTHER THAN FACILITIES LICENSED PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE MENTAL HYGIENE LAW,
FAILING TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE NAME AND
LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL LICENSEES ENGAGED
IN THE PRACTICE AT THAT SITE, INCLUDING BUT NOT LIMITED TO, PRINCIPAL
PARTNERS, OFFICERS OR PRINCIPAL SHAREHOLDERS;
41. FAILING TO PROVIDE ACCESS BY QUALIFIED PERSONS TO PATIENT INFORMA-
TION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION EIGHTEEN OF
THIS CHAPTER;
42. KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOPSY ON
A DECEASED PERSON WITHOUT LAWFUL AUTHORITY;
43. FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE IN
NEW YORK STATE IN AN AREA DESIGNATED BY THE COMMISSIONER OR THE COMMIS-
SIONER OF EDUCATION AS HAVING A SHORTAGE OF PHYSICIANS OR REFUSING TO
REPAY MEDICAL EDUCATION COSTS IN LIEU OF SUCH REQUIRED SERVICE, OR FAIL-
ING TO COMPLY WITH ANY PROVISION OF A WRITTEN AGREEMENT WITH THE STATE
OR ANY MUNICIPALITY WITHIN WHICH THE LICENSEE HAS AGREED TO PROVIDE
MEDICAL SERVICE, OR REFUSING TO REPAY FUNDS IN LIEU OF SUCH SERVICE AS
CONSIDERATION OF AWARDS MADE BY THE STATE OR ANY MUNICIPALITY THEREOF
FOR THEIR PROFESSIONAL EDUCATION IN MEDICINE, OR FAILING TO COMPLY WITH
ANY AGREEMENT ENTERED INTO TO AID THEIR MEDICAL EDUCATION;
44. FAILING TO COMPLETE FORMS OR REPORTS REQUIRED FOR THE REIMBURSE-
MENT OF A PATIENT BY A THIRD PARTY. REASONABLE FEES MAY BE CHARGED FOR
SUCH FORMS OR REPORTS, BUT PRIOR PAYMENT FOR THE PROFESSIONAL SERVICES
TO WHICH SUCH FORMS OR REPORTS RELATE MAY NOT BE REQUIRED AS A CONDITION
FOR MAKING SUCH FORMS OR REPORTS AVAILABLE;
45. IN THE PRACTICE OF PSYCHIATRY,
(A) ANY PHYSICAL CONTACT OF A SEXUAL NATURE BETWEEN LICENSEE AND
PATIENT EXCEPT THE USE OF FILMS AND/OR OTHER AUDIOVISUAL AIDS WITH INDI-
VIDUALS OR GROUPS IN THE DEVELOPMENT OF APPROPRIATE RESPONSES TO OVER-
COME SEXUAL DYSFUNCTION;
S. 3007--A 88 A. 3007--A
(B) IN THERAPY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT PHYSICAL
SEXUAL CONTACT BETWEEN GROUP MEMBERS DURING SESSIONS;
46. IN THE PRACTICE OF OPHTHALMOLOGY, FAILING TO PROVIDE A PATIENT,
UPON REQUEST, WITH THE PATIENT'S PRESCRIPTION INCLUDING THE NAME,
ADDRESS, AND SIGNATURE OF THE PRESCRIBER AND THE DATE OF THE
PRESCRIPTION;
47. A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER BY
A PROFESSIONAL;
48. FAILURE TO USE SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
INFECTION CONTROL PRACTICES ESTABLISHED BY THE DEPARTMENT PURSUANT TO
SECTION TWO HUNDRED THIRTY-NINE-A OF THIS ARTICLE;
49. A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS TITLE OR THE
REGULATIONS OF THE COMMISSIONER ENACTED THEREUNDER;
50. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE DAY ANY
RELEVANT RECORDS OR OTHER INFORMATION REQUESTED BY THE STATE OR LOCAL
DEPARTMENT OF HEALTH WITH RESPECT TO AN INQUIRY INTO A REPORT OF A
COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS;
AND
51. PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE OF
A PELVIC EXAMINATION IN VIOLATION OF SUBDIVISION SEVEN OF SECTION TWEN-
TY-FIVE HUNDRED FOUR OF THIS CHAPTER.
§ 230-F. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMITED
APPLICATION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE OR
ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
OF A PERSON SUBJECT TO THE PROVISIONS OF THIS TITLE MAY BE REVOKED,
SUSPENDED, OR ANNULLED OR SUCH PERSON MAY BE SUBJECT TO ANY OTHER PENAL-
TY PROVIDED IN THIS TITLE IN ACCORDANCE WITH THE PROVISIONS AND PROCE-
DURES OF THIS TITLE FOR THE FOLLOWING:
THAT ANY PERSON SUBJECT TO THIS TITLE HAS DIRECTLY OR INDIRECTLY
REQUESTED, RECEIVED OR PARTICIPATED IN THE DIVISION, TRANSFERENCE,
ASSIGNMENT, REBATE, SPLITTING, OR REFUNDING OF A FEE FOR, OR HAS DIRECT-
LY REQUESTED, RECEIVED OR PROFITED BY MEANS OF A CREDIT OR OTHER VALU-
ABLE CONSIDERATION AS A COMMISSION, DISCOUNT OR GRATUITY, IN CONNECTION
WITH THE FURNISHING OF PROFESSIONAL CARE OR SERVICE, INCLUDING X-RAY
EXAMINATION AND TREATMENT, OR IN CONNECTION WITH THE SALE, RENTAL,
SUPPLYING, OR FURNISHING OF CLINICAL LABORATORY SERVICES OR SUPPLIES,
X-RAY LABORATORY SERVICES OR SUPPLIES, INHALATION THERAPY SERVICE OR
EQUIPMENT, AMBULANCE SERVICE, HOSPITAL OR MEDICAL SUPPLIES, PHYSIOTHERA-
PY OR OTHER THERAPEUTIC SERVICE OR EQUIPMENT, ARTIFICIAL LIMBS, TEETH OR
EYES, ORTHOPEDIC OR SURGICAL APPLIANCES OR SUPPLIES, OPTICAL APPLIANCES,
SUPPLIES, OR EQUIPMENT, DEVICES FOR AID OF HEARING, DRUGS, MEDICATION,
OR MEDICAL SUPPLIES, OR ANY OTHER GOODS, SERVICES, OR SUPPLIES
PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE, OR TREATMENT UNDER THIS CHAPTER
EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND ONE-THIRD PERCENT OF ANY
FEE RECEIVED FOR X-RAY EXAMINATION, DIAGNOSIS, OR TREATMENT, TO ANY
HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINATION, DIAGNOSIS, OR
TREATMENT. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT SUCH
PERSONS FROM PRACTICING AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL
CORPORATION OR AS A UNIVERSITY FACULTY PRACTICE CORPORATION, NOR FROM
POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIPS, PROFES-
SIONAL CORPORATIONS, OR UNIVERSITY FACULTY PRACTICE CORPORATIONS OR
GROUPS BY THE INDIVIDUAL MEMBERS THEREOF, FOR PROFESSIONAL SERVICES
FURNISHED BY AN INDIVIDUAL PROFESSIONAL MEMBER, OR EMPLOYEE OF SUCH
PARTNERSHIP, CORPORATION, OR GROUP, NOR SHALL THE PROFESSIONALS CONSTI-
TUTING THE PARTNERSHIPS, CORPORATIONS OR GROUPS BE PROHIBITED FROM SHAR-
ING, DIVIDING, OR APPORTIONING THE FEES AND MONEYS RECEIVED BY THEM OR
S. 3007--A 89 A. 3007--A
BY THE PARTNERSHIP, CORPORATION, OR GROUP IN ACCORDANCE WITH A PARTNER-
SHIP OR OTHER AGREEMENT; PROVIDED THAT NO SUCH PRACTICE AS PARTNERS,
CORPORATIONS, OR GROUPS, OR POOLING OF FEES OR MONEYS RECEIVED OR
SHARED, DIVISION OR APPORTIONMENT OF FEES SHALL BE PERMITTED WITH
RESPECT TO AND TREATMENT UNDER THE WORKERS' COMPENSATION LAW. NOTHING
CONTAINED IN THIS CHAPTER SHALL PROHIBIT A CORPORATION LICENSED PURSUANT
TO ARTICLE FORTY-THREE OF THE INSURANCE LAW PURSUANT TO ITS CONTRACT
WITH THE SUBSCRIBED FROM PRORATIONING A MEDICAL OR DENTAL EXPENSES
INDEMNITY ALLOWANCE AMONG TWO OR MORE PROFESSIONALS IN PROPORTION TO THE
SERVICES RENDERED BY EACH SUCH PROFESSIONAL AT THE REQUEST OF THE
SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT THEREOF SUCH PROFESSIONALS
SHALL SUBMIT BOTH TO THE CORPORATION LICENSED PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW AND TO THE SUBSCRIBER STATEMENTS ITEM-
IZING THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARGES
THEREFOR.
§ 230-G. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, MENTAL
HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE
PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
(B) "SEXUAL ORIENTATION CHANGE EFFORTS"
(I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO
CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED
TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS,
OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS
TOWARDS INDIVIDUALS OF THE SAME SEX; AND
(II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT:
(A) PROVIDE ACCEPTANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE
FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORA-
TION AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS
TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND
(B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION.
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN THIS
TITLE SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN THIS TITLE.
§ 230-H. EXCEPTIONS; REPRODUCTIVE HEALTH SERVICES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REPRODUCTIVE HEALTH SERVICES" SHALL INCLUDE:
(I) ABORTION PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF
THIS CHAPTER;
(II) EMERGENCY CONTRACEPTION AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED FIVE-P OF THIS CHAPTER; AND
(III) MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING TO
THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO PREGNANCY
OR THE TERMINATION OF A PREGNANCY.
(B) "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
FIED, OR AUTHORIZED UNDER ARTICLE THIRTY-SEVEN-B OF THIS CHAPTER OR
TITLE EIGHT OF THE EDUCATION LAW AND ACTING WITHIN THEIR LAWFUL SCOPE OF
PRACTICE.
(C) "GENDER-AFFIRMING CARE" MEANS ANY TYPE OF CARE PROVIDED TO AN
INDIVIDUAL TO THEIR GENDER IDENTITY OR GENDER EXPRESSION; PROVIDED THAT
SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR SEX CHARACTER-
ISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE INDIVIDUAL PATIENT ARE
NOT GENDER-AFFIRMING CARE.
S. 3007--A 90 A. 3007--A
2. THE PERFORMANCE, RECOMMENDATION, OR PROVISION OF ANY REPRODUCTIVE
HEALTH SERVICES OR GENDER-AFFIRMING CARE, AS DEFINED IN SUBDIVISION ONE
OF THIS SECTION, OR ANY LEGALLY PROTECTED HEALTH ACTIVITY AS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW, BY A HEALTH CARE PRACTITIONER ACTING WITHIN THEIR SCOPE
OF PRACTICE, FOR A PATIENT WHO RESIDES IN A STATE WHEREIN THE PERFORM-
ANCE, RECOMMENDATION, OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES
OR GENDER-AFFIRMING CARE IS ILLEGAL, SHALL NOT, BY ITSELF, CONSTITUTE
PROFESSIONAL MISCONDUCT UNDER THIS TITLE OR ANY OTHER LAW, RULE OR REGU-
LATION GOVERNING THE LICENSURE, CERTIFICATION OR AUTHORIZATION OF SUCH
PRACTITIONER, NOR SHALL ANY LICENSE, CERTIFICATION OR AUTHORIZATION OF A
HEALTH CARE PRACTITIONER BE REVOKED, SUSPENDED, OR ANNULLED OR OTHERWISE
SUBJECT TO ANY OTHER PENALTY OR DISCIPLINE PROVIDED IN THIS TITLE SOLELY
ON THE BASIS THAT SUCH HEALTH CARE PRACTITIONER PERFORMED, RECOMMENDED,
OR PROVIDED ANY SUCH REPRODUCTIVE HEALTH SERVICES OR GENDER-AFFIRMING
CARE FOR A PATIENT WHO RESIDES IN A STATE WHEREIN THE PERFORMANCE,
RECOMMENDATION, OR PROVISION OF SUCH REPRODUCTIVE HEALTH SERVICES OR
GENDER-AFFIRMING CARE IS ILLEGAL.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF
PRACTICE OF ANY INDIVIDUAL LICENSED, CERTIFIED OR AUTHORIZED UNDER THIS
CHAPTER OR TITLE EIGHT OF THE EDUCATION LAW, NOR DOES THIS SECTION GIVE
ANY SUCH INDIVIDUAL THE AUTHORITY TO ACT OUTSIDE THEIR SCOPE OF PRAC-
TICE, AS DEFINED IN THIS CHAPTER.
§ 230-I. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS TITLE.
THE BOARD OF PROFESSIONAL MEDICAL CONDUCT AND THE DEPARTMENT SHALL
ENFORCE, ADMINISTER AND INTERPRET THIS TITLE.
§ 4. Article 131 of the education law is REPEALED.
§ 5. The public health law is amended by adding a new article 37-B to
read as follows:
ARTICLE 37-B
PHYSICIANS
SECTION 3750. INTRODUCTION.
3751. DEFINITION OF PRACTICE OF MEDICINE.
3752. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN".
3753. STATE BOARD FOR MEDICINE.
3754. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
3755. LIMITED PERMITS.
3756. EXEMPT PERSONS.
3757. SPECIAL PROVISIONS.
3758. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE.
3759. POWER OF BOARD OF REGENTS REGARDING CERTAIN PHYSICIANS.
3760. COMMISSIONER; POWERS AND DUTIES.
§ 3750. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF MEDI-
CINE. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF TITLE EIGHT OF THE EDUCATION LAW APPLY TO THIS
ARTICLE.
§ 3751. DEFINITION OF PRACTICE OF MEDICINE. THE PRACTICE OF THE
PROFESSION OF MEDICINE IS DEFINED AS DIAGNOSING, TREATING, OPERATING OR
PRESCRIBING FOR ANY HUMAN DISEASE, PAIN, INJURY, DEFORMITY OR PHYSICAL
CONDITION.
§ 3752. PRACTICE OF MEDICINE AND USE OF TITLE "PHYSICIAN". ONLY A
PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRAC-
TICE MEDICINE OR USE THE TITLE "PHYSICIAN".
§ 3753. STATE BOARD FOR MEDICINE. A STATE BOARD FOR MEDICINE SHALL BE
APPOINTED BY THE GOVERNOR FOR THE PURPOSE OF ASSISTING THE DEPARTMENT ON
MATTERS OF PROFESSIONAL LICENSING IN ACCORDANCE WITH THIS ARTICLE. AS
S. 3007--A 91 A. 3007--A
USED IN THIS ARTICLE "BOARD" SHALL MEAN THE STATE BOARD OF MEDICINE
ESTABLISHED PURSUANT TO THIS SECTION. THE BOARD SHALL BE COMPOSED OF NOT
LESS THAN TWENTY PHYSICIANS LICENSED IN THIS STATE FOR AT LEAST FIVE
YEARS, TWO OF WHOM SHALL BE DOCTORS OF OSTEOPATHY. TO THE EXTENT SUCH
PHYSICIAN APPOINTEES ARE AVAILABLE FOR APPOINTMENT, AT LEAST ONE OF THE
PHYSICIAN APPOINTEES TO THE STATE BOARD FOR MEDICINE SHALL BE AN EXPERT
ON REDUCING HEALTH DISPARITIES AMONG DEMOGRAPHIC SUBGROUPS, AND ONE
SHALL BE AN EXPERT ON WOMEN'S HEALTH. THE BOARD SHALL ALSO CONSIST OF
NOT LESS THAN TWO PHYSICIAN'S ASSISTANTS LICENSED TO PRACTICE IN THIS
STATE. THE PARTICIPATION OF PHYSICIAN'S ASSISTANT MEMBERS SHALL BE
LIMITED TO MATTERS RELATING TO ARTICLE THIRTY-SEVEN OF THIS CHAPTER. AN
EXECUTIVE SECRETARY TO THE BOARD SHALL BE APPOINTED BY THE GOVERNOR AND
SHALL BE EITHER A PHYSICIAN LICENSED IN THIS STATE OR A NON-PHYSICIAN,
DEEMED QUALIFIED BY THE COMMISSIONER.
§ 3754. REQUIREMENTS FOR A PROFESSIONAL LICENSE. TO QUALIFY FOR A
LICENSE AS A PHYSICIAN, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A DEGREE OF DOCTOR
OF MEDICINE, "M.D.", OR DOCTOR OF OSTEOPATHY, "D.O.", OR EQUIVALENT
DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE EXPERIENCE SATISFACTORY TO THE DEPARTMENT AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; HOWEVER, THE COMMISSIONER
MAY WAIVE THE AGE REQUIREMENT FOR APPLICANTS WHO HAVE ATTAINED THE AGE
OF EIGHTEEN AND WILL BE IN A RESIDENCY PROGRAM UNTIL THE AGE OF TWENTY-
ONE;
6. CITIZENSHIP OR IMMIGRATION STATUS: BE A UNITED STATES CITIZEN OR A
NONCITIZEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED
STATES; PROVIDED, HOWEVER THAT THE DEPARTMENT MAY GRANT A THREE YEAR
WAIVER FOR A NONCITIZEN PHYSICIAN TO PRACTICE IN AN AREA WHICH HAS BEEN
DESIGNATED BY THE DEPARTMENT AS MEDICALLY UNDERSERVED, EXCEPT THAT THE
DEPARTMENT MAY GRANT AN ADDITIONAL EXTENSION NOT TO EXCEED SIX YEARS TO
A NONCITIZEN PHYSICIAN TO ENABLE SUCH PHYSICIAN TO SECURE CITIZENSHIP OR
PERMANENT RESIDENT STATUS, PROVIDED SUCH STATUS IS BEING ACTIVELY
PURSUED; AND PROVIDED FURTHER THAT THE DEPARTMENT MAY GRANT AN ADDI-
TIONAL THREE YEAR WAIVER, AND AT ITS EXPIRATION, AN EXTENSION FOR A
PERIOD NOT TO EXCEED SIX ADDITIONAL YEARS, FOR THE HOLDER OF AN H-1B
VISA, AN 0-1 VISA, OR AN EQUIVALENT OR SUCCESSOR VISA THERETO;
7. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
8. FEES: PAY A FEE OF TWO HUNDRED NINETY DOLLARS TO THE DEPARTMENT FOR
ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, A FEE OF TWO HUNDRED DOLLARS FOR EACH RE-EXAMINATION, A FEE OF
ONE HUNDRED SIXTY-FIVE DOLLARS FOR AN INITIAL LICENSE FOR PERSONS NOT
REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A FEE OF SIX
HUNDRED DOLLARS FOR ANY BIENNIAL REGISTRATION PERIOD COMMENCING AUGUST
FIRST, NINETEEN HUNDRED NINETY-SIX AND THEREAFTER;
9. A PHYSICIAN SHALL NOT BE REQUIRED TO PAY ANY FEE UNDER THIS SECTION
IF SUCH PHYSICIAN CERTIFIES TO THE DEPARTMENT THAT FOR THE PERIOD OF
REGISTRATION OR LICENSURE, SUCH PHYSICIAN SHALL ONLY PRACTICE MEDICINE
WITHOUT COMPENSATION OR THE EXPECTATION OR PROMISE OF COMPENSATION. THE
FOLLOWING SHALL NOT BE CONSIDERED COMPENSATION FOR THE PURPOSES OF THIS
SUBDIVISION: (A) NOMINAL PAYMENT SOLELY TO ENABLE THE PHYSICIAN TO BE
S. 3007--A 92 A. 3007--A
CONSIDERED AN EMPLOYEE OF A HEALTH CARE PROVIDER; OR (B) PROVIDING
LIABILITY COVERAGE TO THE PHYSICIAN RELATING TO THE SERVICES PROVIDED;
AND
10. NO PHYSICIAN MAY BE RE-REGISTERED UNLESS SUCH PHYSICIAN, AS PART
OF THE RE-REGISTRATION APPLICATION, INCLUDES AN ATTESTATION MADE UNDER
PENALTY OF PERJURY, IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT SUCH
PHYSICIAN HAS, WITHIN THE SIX MONTHS PRIOR TO SUBMISSION OF THE RE-RE-
GISTRATION APPLICATION, UPDATED SUCH PHYSICIAN'S PHYSICIAN PROFILE IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-
FIVE-A OF THIS CHAPTER.
§ 3755. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY: THE FOLLOWING PERSONS SHALL BE ELIGIBLE FOR A LIMITED
PERMIT:
(A) A PERSON WHO FULFILLS ALL REQUIREMENTS FOR A LICENSE AS A PHYSI-
CIAN EXCEPT THOSE RELATING TO THE EXAMINATION AND CITIZENSHIP OR PERMA-
NENT RESIDENCE IN THE UNITED STATES;
(B) A FOREIGN PHYSICIAN WHO HOLDS A STANDARD CERTIFICATE FROM THE
EDUCATIONAL COUNCIL FOR FOREIGN MEDICAL GRADUATES OR WHO HAS PASSED AN
EXAMINATION SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS; OR
(C) A FOREIGN PHYSICIAN OR A FOREIGN INTERN WHO IS IN THIS COUNTRY ON
A NON-IMMIGRATION VISA FOR THE CONTINUATION OF MEDICAL STUDY, PURSUANT
TO THE EXCHANGE STUDENT PROGRAM OF THE UNITED STATES DEPARTMENT OF
STATE;
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE
MEDICINE ONLY UNDER THE SUPERVISION OF A LICENSED PHYSICIAN AND ONLY IN
A PUBLIC, VOLUNTARY, OR PROPRIETARY HOSPITAL;
3. DURATION. A LIMITED PERMIT SHALL BE VALID FOR TWO YEARS. IT MAY BE
RENEWED BIENNIALLY AT THE DISCRETION OF THE DEPARTMENT; AND
4. FEES. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
ONE HUNDRED FIVE DOLLARS.
§ 3756. EXEMPT PERSONS. THE FOLLOWING PERSONS UNDER THE FOLLOWING
LIMITATIONS MAY PRACTICE MEDICINE WITHIN THE STATE WITHOUT A LICENSE:
1. ANY PHYSICIAN WHO IS EMPLOYED AS A RESIDENT IN A PUBLIC HOSPITAL,
PROVIDED SUCH PRACTICE IS LIMITED TO SUCH HOSPITAL AND IS UNDER THE
SUPERVISION OF A LICENSED PHYSICIAN;
2. ANY PHYSICIAN WHO IS LICENSED IN A BORDERING STATE AND WHO RESIDES
NEAR A BORDER OF THIS STATE, PROVIDED SUCH PRACTICE IS LIMITED IN THIS
STATE TO THE VICINITY OF SUCH BORDER AND PROVIDED SUCH PHYSICIAN DOES
NOT MAINTAIN AN OFFICE OR PLACE TO MEET PATIENTS OR RECEIVE CALLS WITHIN
THIS STATE;
3. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY AND WHO
IS MEETING A PHYSICIAN LICENSED IN THIS STATE, FOR PURPOSES OF CONSULTA-
TION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH CONSULTATION;
4. ANY PHYSICIAN WHO IS LICENSED IN ANOTHER STATE OR COUNTRY, WHO IS
VISITING A MEDICAL SCHOOL OR TEACHING HOSPITAL IN THIS STATE TO RECEIVE
MEDICAL INSTRUCTION FOR A PERIOD NOT TO EXCEED SIX MONTHS OR TO CONDUCT
MEDICAL INSTRUCTION, PROVIDED SUCH PRACTICE IS LIMITED TO SUCH INSTRUC-
TION AND IS UNDER THE SUPERVISION OF A LICENSED PHYSICIAN;
5. ANY PHYSICIAN WHO IS AUTHORIZED BY A FOREIGN GOVERNMENT TO PRACTICE
IN RELATION TO ITS DIPLOMATIC, CONSULAR OR MARITIME STAFFS, PROVIDED
SUCH PRACTICE IS LIMITED TO SUCH STAFFS;
6. ANY COMMISSIONED MEDICAL OFFICER WHO IS SERVING IN THE UNITED
STATES ARMED FORCES OR PUBLIC HEALTH SERVICES OR ANY PHYSICIAN WHO IS
S. 3007--A 93 A. 3007--A
EMPLOYED IN THE UNITED STATES VETERANS ADMINISTRATION, PROVIDED SUCH
PRACTICE IS LIMITED TO SUCH SERVICE OR EMPLOYMENT;
7. ANY INTERN WHO IS EMPLOYED BY A HOSPITAL AND WHO IS A GRADUATE OF A
MEDICAL SCHOOL IN THE UNITED STATES OR CANADA, PROVIDED SUCH PRACTICE IS
LIMITED TO SUCH HOSPITAL AND IS UNDER THE SUPERVISION OF A LICENSED
PHYSICIAN;
8. ANY MEDICAL STUDENT WHO IS PERFORMING A CLINICAL CLERKSHIP OR SIMI-
LAR FUNCTION IN A HOSPITAL AND WHO IS MATRICULATED IN A MEDICAL SCHOOL
WHICH MEETS STANDARDS SATISFACTORY TO THE DEPARTMENT, PROVIDED SUCH
PRACTICE IS LIMITED TO SUCH CLERKSHIP OR SIMILAR FUNCTION IN SUCH HOSPI-
TAL;
9. ANY DENTIST OR DENTAL SCHOOL GRADUATE ELIGIBLE FOR LICENSURE IN THE
STATE WHO ADMINISTERS ANESTHESIA AS PART OF A HOSPITAL RESIDENCY PROGRAM
ESTABLISHED FOR THE PURPOSE OF TRAINING DENTISTS IN ANESTHESIOLOGY; AND
10. (A) ANY PHYSICIAN WHO IS LICENSED AND IN GOOD STANDING IN ANOTHER
STATE OR TERRITORY, AND WHO HAS A WRITTEN AGREEMENT TO PROVIDE MEDICAL
SERVICES TO ATHLETES AND TEAM PERSONNEL OF A UNITED STATES SPORTS TEAM
RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE OR AN OUT-OF-STATE
SECONDARY SCHOOL, INSTITUTION OF POSTSECONDARY EDUCATION, OR PROFES-
SIONAL ATHLETIC ORGANIZATION SPORTS TEAM, MAY PROVIDE MEDICAL SERVICES
TO SUCH ATHLETES AND TEAM PERSONNEL AT A DISCRETE SANCTIONED TEAM SPORT-
ING EVENT IN THIS STATE AS DEFINED BY THE COMMISSIONER IN REGULATIONS,
PROVIDED SUCH SERVICES ARE PROVIDED ONLY TO SUCH ATHLETES AND TEAM
PERSONNEL AT THE DISCRETE SANCTIONED TEAM SPORTING EVENT. ANY SUCH
MEDICAL SERVICES SHALL BE PROVIDED ONLY FIVE DAYS BEFORE THROUGH THREE
DAYS AFTER EACH DISCRETE SANCTIONED TEAM SPORTING EVENT; AND
(B) ANY PERSON PRACTICING AS A PHYSICIAN IN NEW YORK STATE PURSUANT TO
THIS SUBDIVISION SHALL BE SUBJECT TO THE PERSONAL AND SUBJECT MATTER
JURISDICTION AND DISCIPLINARY AND REGULATORY AUTHORITY OF THE DEPARTMENT
AND THE STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ESTABLISHED PURSU-
ANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AS IF SUCH PHYSICIAN
IS A LICENSEE AND AS IF THE EXEMPTION PURSUANT TO THIS SUBDIVISION IS A
LICENSE. SUCH INDIVIDUAL SHALL COMPLY WITH APPLICABLE PROVISIONS OF THIS
CHAPTER, THE STATE BOARD FOR PROFESSIONAL MEDICAL CONDUCT ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS CHAPTER, TITLE EIGHT OF
THE EDUCATION LAW, AND THE REGULATIONS OF THE COMMISSIONER, RELATING TO
PROFESSIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR
PROFESSIONAL MISCONDUCT.
§ 3757. SPECIAL PROVISIONS. 1. A NOT-FOR-PROFIT MEDICAL OR DENTAL
EXPENSE INDEMNITY CORPORATION OR A HOSPITAL SERVICE CORPORATION ORGAN-
IZED UNDER THE INSURANCE LAW MAY EMPLOY LICENSED PHYSICIANS AND ENTER
INTO CONTRACTS WITH PARTNERSHIPS OR MEDICAL CORPORATIONS ORGANIZED UNDER
ARTICLE FORTY-FOUR OF THIS CHAPTER, HEALTH MAINTENANCE ORGANIZATIONS
POSSESSING A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR OF
THIS CHAPTER, PROFESSIONAL CORPORATIONS ORGANIZED UNDER ARTICLE FIFTEEN
OF THE BUSINESS CORPORATION LAW OR OTHER GROUPS OF PHYSICIANS TO PRAC-
TICE MEDICINE ON ITS BEHALF FOR PERSONS INSURED UNDER ITS CONTRACTS OR
POLICIES;
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ANY LICENSED PHYSICIAN WHO VOLUNTARILY AND WITHOUT THE
EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMERGENCY
TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE A
HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECESSARY
MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL
NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY
SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE
S. 3007--A 94 A. 3007--A
OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES
WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
PHYSICIAN. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO
RELIEVE A LICENSED PHYSICIAN FROM LIABILITY FOR DAMAGES FOR INJURIES OR
DEATH CAUSED BY AN ACT OR OMISSION ON THE PART OF A PHYSICIAN WHILE
RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF
THEIR PRACTICE;
3. NO INDIVIDUAL WHO SERVES AS A MEMBER OF (A) A COMMITTEE ESTABLISHED
TO ADMINISTER A UTILIZATION REVIEW PLAN OF A HOSPITAL, INCLUDING A
HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A HOSPI-
TAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW, OR (B) A COMMITTEE HAVING THE RESPONSIBILITY OF THE INVESTIGATION
OF AN INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW OR THE EVALUATION AND IMPROVEMENT OF THE QUALITY OF CARE RENDERED IN
A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A
HOSPITAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW, OR (C) ANY MEDICAL REVIEW COMMITTEE OR SUBCOMMITTEE THEREOF
OF A LOCAL, COUNTY OR STATE MEDICAL, DENTAL, PODIATRY OR OPTOMETRICAL
SOCIETY, ANY SUCH SOCIETY ITSELF, A PROFESSIONAL STANDARDS REVIEW ORGAN-
IZATION OR AN INDIVIDUAL WHEN SUCH COMMITTEE, SUBCOMMITTEE, SOCIETY,
ORGANIZATION OR INDIVIDUAL IS PERFORMING ANY MEDICAL OR QUALITY ASSUR-
ANCE REVIEW FUNCTION INCLUDING THE INVESTIGATION OF AN INCIDENT REPORTED
PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, EITHER DESCRIBED IN
PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, REQUIRED BY LAW, OR INVOLV-
ING ANY CONTROVERSY OR DISPUTE BETWEEN (I) A PHYSICIAN, DENTIST, PODIA-
TRIST OR OPTOMETRIST OR HOSPITAL ADMINISTRATOR AND A PATIENT CONCERNING
THE DIAGNOSIS, TREATMENT OR CARE OF SUCH PATIENT OR THE FEES OR CHARGES
THEREFOR, OR (II) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST OR
HOSPITAL ADMINISTRATOR AND A PROVIDER OF MEDICAL, DENTAL, PODIATRIC OR
OPTOMETRICAL SERVICES CONCERNING ANY MEDICAL OR HEALTH CHARGES OR FEES
OF SUCH PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST, OR (D) A COMMIT-
TEE APPOINTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-J OF THIS
CHAPTER TO PARTICIPATE IN THE MEDICAL AND DENTAL MALPRACTICE PREVENTION
PROGRAM, OR (E) ANY INDIVIDUAL WHO PARTICIPATED IN THE PREPARATION OF
INCIDENT REPORTS REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION TWENTY-
EIGHT HUNDRED FIVE-L OF THIS CHAPTER, OR (F) A COMMITTEE ESTABLISHED TO
ADMINISTER A UTILIZATION REVIEW PLAN, OR A COMMITTEE HAVING THE RESPON-
SIBILITY OF EVALUATION AND IMPROVEMENT OF THE QUALITY OF CARE RENDERED,
IN A HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR
OF THIS CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP ACTING
PURSUANT TO A CONTRACT WITH SUCH A HEALTH MAINTENANCE ORGANIZATION,
SHALL BE LIABLE IN DAMAGES TO ANY PERSON FOR ANY ACTION TAKEN OR RECOM-
MENDATIONS MADE BY THEM WITHIN THE SCOPE OF THEIR FUNCTION IN SUCH
CAPACITY PROVIDED THAT (I) SUCH INDIVIDUAL HAS TAKEN ACTION OR MADE
RECOMMENDATIONS WITHIN THE SCOPE OF THEIR FUNCTION AND WITHOUT MALICE,
AND (II) IN THE REASONABLE BELIEF AFTER REASONABLE INVESTIGATION THAT
THE ACT OR RECOMMENDATION WAS WARRANTED, BASED UPON THE FACTS DISCLOSED;
NEITHER THE PROCEEDINGS NOR THE RECORDS RELATING TO PERFORMANCE OF A
MEDICAL OR A QUALITY ASSURANCE REVIEW FUNCTION OR PARTICIPATION IN A
MEDICAL AND DENTAL MALPRACTICE PREVENTION PROGRAM NOR ANY REPORT
REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
FIVE-L OF THIS CHAPTER DESCRIBED HEREIN, INCLUDING THE INVESTIGATION OF
AN INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW, SHALL BE SUBJECT TO DISCLOSURE UNDER ARTICLE THIRTY-ONE OF THE
S. 3007--A 95 A. 3007--A
CIVIL PRACTICE LAW AND RULES EXCEPT AS HEREINAFTER PROVIDED OR AS
PROVIDED BY ANY OTHER PROVISION OF LAW. NO PERSON IN ATTENDANCE AT A
MEETING WHEN A MEDICAL OR A QUALITY ASSURANCE REVIEW OR A MEDICAL AND
DENTAL MALPRACTICE PREVENTION PROGRAM OR AN INCIDENT REPORTING FUNCTION
DESCRIBED HEREIN WAS PERFORMED, INCLUDING THE INVESTIGATION OF AN INCI-
DENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, SHALL
BE REQUIRED TO TESTIFY AS TO WHAT TRANSPIRED THEREAT. THE PROHIBITION
RELATING TO DISCOVERY OF TESTIMONY SHALL NOT APPLY TO THE STATEMENTS
MADE BY ANY PERSON IN ATTENDANCE AT SUCH A MEETING WHO IS A PARTY TO AN
ACTION OR PROCEEDING THE SUBJECT MATTER OF WHICH WAS REVIEWED AT SUCH
MEETING;
4. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE
FOLLOWING:
(A) THE FURNISHING OF MEDICAL ASSISTANCE IN AN EMERGENCY;
(B) THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH;
(C) A PHYSICIAN FROM REFUSING TO PERFORM AN ACT CONSTITUTING THE PRAC-
TICE OF MEDICINE TO WHICH SUCH PHYSICIAN IS CONSCIENTIOUSLY OPPOSED BY
REASON OF RELIGIOUS TRAINING AND BELIEF;
(D) THE ORGANIZATION OF A MEDICAL CORPORATION UNDER ARTICLE FORTY-FOUR
OF THIS CHAPTER, THE ORGANIZATION OF A UNIVERSITY FACULTY PRACTICE
CORPORATION UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE NOT-FOR-PROFIT
CORPORATION LAW OR THE ORGANIZATION OF A PROFESSIONAL SERVICE CORPO-
RATION UNDER ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW;
(E) THE PHYSICIAN'S USE OF WHATEVER MEDICAL CARE, CONVENTIONAL OR
NON-CONVENTIONAL, WHICH EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY,
DEFORMITY OR PHYSICAL CONDITION;
5. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON, PARTNERSHIP,
CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
ACCOUNT OF ANY RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
TIONS, FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A PHYSICIAN, TO
ANY GOVERNMENTAL AGENCY, MEDICAL OR SPECIALISTS SOCIETY, A HOSPITAL AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, A HOSPITAL AS DEFINED
IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR A
HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR OF
THIS CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP PURSU-
ANT TO A CONTRACT WITH A HEALTH MAINTENANCE ORGANIZATION. THE FOREGOING
SHALL NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED WITH
MALICIOUS INTENT;
6. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN TO A REGISTERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR:
(A) ADMINISTERING IMMUNIZATIONS;
(B) THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
(C) ADMINISTERING PURIFIED PROTEIN DERIVATIVE (PPD) TESTS OR OTHER
TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
(D) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS;
(E) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS;
(F) THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE;
(G) SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA AND
CHLAMYDIA;
S. 3007--A 96 A. 3007--A
(H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF COVID-19 OR ITS
ANTIBODIES OR INFLUENZA VIRUS;
(I) ADMINISTERING ELECTROCARDIOGRAM TESTS TO DETECT SIGNS AND SYMPTOMS
OF ACUTE CORONARY SYNDROME;
(J) ADMINISTERING POINT-OF-CARE BLOOD GLUCOSE TESTS TO EVALUATE ACUTE
MENTAL STATUS CHANGES IN PERSONS WITH SUSPECTED HYPOGLYCEMIA;
(K) ADMINISTERING TESTS AND INTRAVENOUS LINES TO PERSONS THAT MEET
SEVERE SEPSIS AND SEPTIC SHOCK CRITERIA; AND
(L) ADMINISTERING TESTS TO DETERMINE PREGNANCY;
7. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
CHAPTER, FOR: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO
PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTERING IMMUNIZATIONS
TO PREVENT PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS A, HEPATITIS B,
HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA, COVID-19,
MENINGOCOCCAL, TETANUS, DIPHTHERIA OR PERTUSSIS DISEASE AND MEDICATIONS
REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO PATIENTS EIGHTEEN
YEARS OF AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZATIONS RECOM-
MENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS
OF AGE OR OLDER IF THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF EDUCATION, DETERMINES THAT AN IMMUNIZATION: (I)(A) MAY BE
SAFELY ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE
OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORT-
ABLE COMMUNICABLE DISEASE THAT IS PREVENTABLE IN NEW YORK STATE; OR (II)
IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A) MEET AGE
REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK
EVIDENCE OF PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR
ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTH-
ING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER
IMMUNIZATIONS, VACCINES OR OTHER DRUGS;
8. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER OF EDUCATION IN CONSULTA-
TION WITH THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER AND SECTION
SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCATION LAW, FOR
DISPENSING UP TO A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE PROPHY-
LAXIS FOR THE PURPOSE OF PREVENTING HUMAN IMMUNODEFICIENCY VIRUS
INFECTION FOLLOWING A POTENTIAL HUMAN IMMUNODEFICIENCY VIRUS EXPOSURE;
9. NOTHING IN THIS ARTICLE OR ARTICLE ONE HUNDRED THIRTY OF THE EDUCA-
TION LAW SHALL PROHIBIT THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN
SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF TITLE EIGHT OF THE
EDUCATION LAW TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF
MEDICINE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A
WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF TITLE EIGHT OF
THE EDUCATION LAW, PROVIDED THAT SUCH ENTITIES OFFERING PSYCHOTHERAPY
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPRO-
PRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES;
10.(A) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT
A PERSON IN TRAINING OR TRAINED AND DEEMED QUALIFIED BY A SUPERVISING
LICENSED PHYSICIAN, TO ASSIST THE LICENSED PHYSICIAN IN THE CARE OF A
PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS
S. 3007--A 97 A. 3007--A
AND ANESTHETIC EYE DROPS IN CONJUNCTION WITH SUCH DILATING DROPS TO THE
SURFACE OF THE EYE OF A PATIENT, PROVIDED THAT THE PERSON INSTILLING
SUCH EYE DROPS IS:
(I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED PHYSICIAN;
(II) AT LEAST EIGHTEEN YEARS OF AGE; AND
(III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT;
(B) THE SUPERVISING LICENSED PHYSICIAN SHALL SUBMIT A FORM PRESCRIBED
BY THE DEPARTMENT DETAILING THE IDENTITY OF EACH PERSON INSTILLING
MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNC-
TION WITH SUCH DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
UNDER THEIR SUPERVISION, ATTESTING TO COMPLIANCE WITH THE ABOVE REQUIRE-
MENTS; AND
(C) THE SUPERVISING LICENSED PHYSICIAN'S USE OF ANY SUCH PERSON PURSU-
ANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN WITH PROFES-
SIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE
PATIENT. SUCH USE SHALL SUBJECT THE LICENSED PHYSICIAN TO THE FULL
DISCIPLINARY AND REGULATORY AUTHORITY OF THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT. THE LICENSED PHYSICIAN MUST NOTIFY THE PATIENT OR THE
PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED PHYSICIAN
MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINISTER CERTAIN EYE
DROPS AND MUST PROVIDE THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH
CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED PHYSICIAN'S PLAN
TO UTILIZE SUCH PERSON;
11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCA-
TION LAW; AND
12. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC ORDER TO A PHARMACIST LICENSED AND LOCATED IN THE STATE, PURSUANT TO
REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH SECTION
SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCATION LAW, FOR
DISPENSING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AS DEFINED IN
SECTION SIXTY-EIGHT HUNDRED TWO OF TITLE EIGHT OF THE EDUCATION LAW.
§ 3758. QUALIFICATION OF CERTAIN APPLICANTS FOR LICENSURE. 1.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE OR ANY LAW TO THE
CONTRARY, AN INDIVIDUAL WHO AT THE TIME OF THE INDIVIDUAL'S ENROLLMENT
IN A MEDICAL SCHOOL OUTSIDE THE UNITED STATES IS A RESIDENT OF THE
UNITED STATES SHALL BE ELIGIBLE FOR LICENSURE IN THIS STATE IF THE INDI-
VIDUAL HAS SATISFIED THE REQUIREMENTS OF SUBDIVISIONS ONE, FIVE, SIX,
SEVEN AND EIGHT OF SECTION THIRTY-SEVEN HUNDRED FIFTY-FOUR OF THIS CHAP-
TER AND:
(A) HAS STUDIED MEDICINE IN A MEDICAL SCHOOL LOCATED OUTSIDE THE
UNITED STATES WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION;
(B) HAS COMPLETED ALL OF THE FORMAL REQUIREMENTS OF THE FOREIGN
MEDICAL SCHOOL EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE;
(C) HAS ATTAINED A SCORE SATISFACTORY TO A MEDICAL SCHOOL APPROVED BY
THE LIAISON COMMITTEE ON MEDICAL EDUCATION ON A QUALIFYING EXAMINATION
ACCEPTABLE TO THE STATE BOARD FOR MEDICINE, AND HAS SATISFACTORILY
COMPLETED ONE ACADEMIC YEAR OF SUPERVISED CLINICAL TRAINING UNDER THE
DIRECTION OF SUCH MEDICAL SCHOOL;
(D) HAS COMPLETED THE POST-GRADUATE HOSPITAL TRAINING REQUIRED BY THE
BOARD OF ALL APPLICANTS FOR LICENSURE; AND
(E) HAS PASSED THE EXAMINATION REQUIRED BY THE BOARD OF ALL APPLICANTS
FOR LICENSURE;
2. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS (A), (B) AND (C) OF
SUBDIVISION ONE OF THIS SECTION SHALL BE IN LIEU OF THE COMPLETION OF
S. 3007--A 98 A. 3007--A
ANY FOREIGN INTERNSHIP AND/OR SOCIAL SERVICES REQUIREMENTS, AND NO SUCH
REQUIREMENTS SHALL BE A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
STATE;
3. SATISFACTION OF THE REQUIREMENTS OF PARAGRAPHS (A), (B) AND (C) OF
SUBDIVISION ONE OF THIS SECTION SHALL BE IN LIEU OF CERTIFICATION BY THE
EDUCATIONAL COUNCIL FOR FOREIGN MEDICAL GRADUATES, AND SUCH CERTIF-
ICATION SHALL NOT BE A CONDITION OF LICENSURE AS A PHYSICIAN IN THIS
STATE FOR CANDIDATES WHO HAVE COMPLETED THE REQUIREMENTS OF SUBDIVISION
ONE OF THIS SECTION;
4. NO HOSPITAL LICENSED BY THIS STATE, OR OPERATED BY THE STATE OR A
POLITICAL SUBDIVISION THEREOF, OR WHICH RECEIVES STATE FINANCIAL ASSIST-
ANCE, DIRECTLY OR INDIRECTLY, SHALL REQUIRE AN INDIVIDUAL WHO HAS SATIS-
FIED THE REQUIREMENTS OF PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION ONE
OF THIS SECTION, AND WHO AT THE TIME OF SUCH INDIVIDUAL'S ENROLLMENT IN
A MEDICAL SCHOOL OUTSIDE THE UNITED STATES IS A RESIDENT OF THE UNITED
STATES, TO SATISFY ANY FURTHER EDUCATION OR EXAMINATION REQUIREMENTS
PRIOR TO COMMENCING AN INTERNSHIP OR RESIDENCY; AND
5. A DOCUMENT GRANTED BY A MEDICAL SCHOOL OUTSIDE THE UNITED STATES
WHICH IS RECOGNIZED BY THE WORLD HEALTH ORGANIZATION ISSUED AFTER THE
COMPLETION OF ALL THE FORMAL REQUIREMENTS OF SUCH FOREIGN MEDICAL SCHOOL
EXCEPT INTERNSHIP AND/OR SOCIAL SERVICE SHALL, UPON CERTIFICATION BY THE
MEDICAL SCHOOL IN WHICH SUCH TRAINING WAS RECEIVED OF SATISFACTORY
COMPLETION BY THE PERSON TO WHOM SUCH DOCUMENT WAS ISSUED OF THE
REQUIREMENTS LISTED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION,
BE DEEMED THE EQUIVALENT OF A DEGREE OF DOCTOR OF MEDICINE FOR PURPOSES
OF LICENSURE AND PRACTICE AS A PHYSICIAN IN THIS STATE.
§ 3759. POWER OF BOARD OF REGENTS REGARDING CERTAIN PHYSICIANS.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE BOARD OF
REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK IS AUTHORIZED, IN ITS
DISCRETION, TO CONFER THE DEGREE OF DOCTOR OF MEDICINE (M.D.) UPON
PHYSICIANS WHO ARE LICENSED PURSUANT TO SECTION THIRTY-SEVEN HUNDRED
FIFTY-FOUR OR THIRTY-SEVEN HUNDRED FIFTY-EIGHT OF THIS CHAPTER. EACH
APPLICANT SHALL PAY A FEE OF THREE HUNDRED DOLLARS TO THE EDUCATION
DEPARTMENT FOR THE ISSUANCE OF SUCH DEGREE.
§ 3760. COMMISSIONER; POWERS AND DUTIES. THE COMMISSIONER SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
1. TO DETERMINE THE QUALIFICATIONS FOR ADMISSION TO THE PROFESSION OF
PHYSICIAN AND ISSUE LICENSES TO QUALIFIED APPLICANTS;
2. TO PROMULGATE REGULATIONS WHEN, IN THE DISCRETION OF THE COMMIS-
SIONER, THERE IS A NEED FOR UNIFORM STANDARDS OR PROCEDURES TO ADDRESS
HEALTH CARE SAFETY, QUALITY, ACCESS, OR OTHER CONSIDERATIONS DEEMED
APPROPRIATE BY THE COMMISSIONER;
3. TO PROMULGATE REGULATIONS IN CONNECTION WITH THE DEPARTMENT'S
DUTIES WITH RESPECT TO PROFESSIONAL BUSINESS ENTITIES FORMED PURSUANT TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLE TWELVE OF THE
LIMITED LIABILITY COMPANY LAW, AND ARTICLE EIGHT-B OF THE PARTNERSHIP
LAW TO ENSURE THAT ONLY QUALIFIED INDIVIDUALS ARE PROVIDING PROFESSIONAL
SERVICES;
4. TO DETERMINE THE DESIRABILITY OF AND TO ESTABLISH RULES FOR REQUIR-
ING CONTINUING EDUCATION OF LICENSED PHYSICIANS; AND
5. TO ADOPT SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
§ 6. Article 131-B of the education law is REPEALED.
§ 7. Subdivisions 1, 2 and 4 of section 3700 of the public health law,
as amended by chapter 48 of the laws of 2012, are amended to read as
follows:
S. 3007--A 99 A. 3007--A
1. Physician assistant. The term "physician assistant" means a person
who is licensed as a physician assistant pursuant to section [sixty-five
hundred forty-one of the education law] THIRTY-SEVEN HUNDRED FOUR OF
THIS ARTICLE.
2. Physician. The term "physician" means a practitioner of medicine
licensed to practice medicine pursuant to article [one hundred thirty-
one of the education law] THIRTY-SEVEN-B OF THIS CHAPTER.
4. Approved program. The term "approved program" means a program for
the education of physician assistants which has been formally approved
by the [education] department.
§ 8. Section 3701 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3701. Commissioner; powers and duties. The commissioner shall have
the following powers and duties:
1. TO DETERMINE THE QUALIFICATIONS FOR ADMISSION TO THE PROFESSION OF
PHYSICIAN ASSISTANT AND ISSUE LICENSES TO QUALIFIED APPLICANTS;
2. to promulgate regulations defining and restricting the duties
[which may be assigned to] OF physician assistants [by their supervising
physician, the degree of supervision required and the manner in which
such duties may be performed] CONSISTENT WITH SECTION THIRTY-SEVEN
HUNDRED TWO OF THIS ARTICLE;
[2.] 3. to conduct and support continuing studies respecting the
nature and scope of the duties of physician assistants in order to
promote their effective functioning as members of the health care team;
[3.] 4. to determine the desirability of and to establish rules for
requiring continuing education of physician assistants;
[4. to furnish the education department with suggested criteria which
may be used by the education department to help determine whether an
applicant for licensure as a physician assistant possesses equivalent
education and training, such as experience as a nurse or military corps-
man, which may be accepted in lieu of all or part of an approved
program;]
5. to adopt such other rules and regulations as may be necessary or
appropriate to carry out the purposes of this article.
§ 9. Section 3702 of the public health law, as amended by chapter 48
of the laws of 2012, subdivision 1 as amended by chapter 520 of the laws
of 2024, is amended to read as follows:
§ 3702. Special provisions. 1. EMERGENCY TREATMENT. NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW, ANY
PHYSICIAN ASSISTANT PROPERLY LICENSED IN THIS STATE WHO VOLUNTARILY AND
WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR
EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY,
OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND
NECESSARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR
INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE
BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH
PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE
RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTAB-
LISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLI-
GENCE ON THE PART OF SUCH PHYSICIAN ASSISTANT. NOTHING IN THIS SECTION
SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED PHYSICIAN ASSISTANT
FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN ACT OR
OMISSION ON THE PART OF A PHYSICIAN ASSISTANT WHILE RENDERING PROFES-
SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF THEIR PRACTICE.
2. PERFORMANCE OF MEDICAL SERVICES. (A) A PHYSICIAN ASSISTANT MAY
PERFORM MEDICAL SERVICES ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN
S. 3007--A 100 A. 3007--A
AND ONLY WHEN SUCH ACTS AND DUTIES AS ARE ASSIGNED TO SUCH PHYSICIAN
ASSISTANT ARE WITHIN THE SCOPE OF PRACTICE OF SUCH SUPERVISING PHYSICIAN
UNLESS OTHERWISE PERMITTED IN THIS SECTION.
(B) A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION OF A
PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
(I) WHERE THE PHYSICIAN ASSISTANT, LICENSED UNDER THIS ARTICLE HAS
PRACTICED FOR MORE THAN EIGHT THOUSAND HOURS WITHIN THE SAME OR A
SUBSTANTIALLY SIMILAR SPECIALTY THAT THE PHYSICIAN ASSISTANT SEEKS TO
PRACTICE IN WITHOUT SUPERVISION; AND
(A) IS PRACTICING IN PRIMARY CARE. FOR PURPOSES OF THIS CLAUSE,
"PRIMARY CARE" SHALL MEAN NON-SURGICAL CARE IN THE FIELDS OF GENERAL
PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC MEDICINE, GENERAL
INTERNAL MEDICINE, OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, OR SUCH
OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER; OR
(B) IS EMPLOYED BY A HEALTH SYSTEM OR HOSPITAL ESTABLISHED UNDER ARTI-
CLE TWENTY-EIGHT OF THIS CHAPTER, AND THE HEALTH SYSTEM OR HOSPITAL
DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS OF THE
MEDICAL STAFF BYLAWS AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE PHYSI-
CIAN ASSISTANT PRIVILEGES; AND
(II) WHERE A PHYSICIAN ASSISTANT LICENSED UNDER THIS ARTICLE HAS
COMPLETED A PROGRAM APPROVED BY THE DEPARTMENT, IN CONSULTATION WITH THE
EDUCATION DEPARTMENT, WHEN SUCH SERVICES ARE PERFORMED WITHIN THE SCOPE
OF SUCH PROGRAM.
(C) THE DEPARTMENT IS AUTHORIZED TO PROMULGATE AND UPDATE REGULATIONS
PURSUANT TO THIS SECTION.
(D) IN THE EVENT THAT A PHYSICIAN ASSISTANT SEEKS TO PRACTICE IN A
SUBSTANTIALLY DIFFERENT SPECIALTY, THE PHYSICIAN ASSISTANT SHALL
COMPLETE AT LEAST EIGHT THOUSAND HOURS OF PRACTICE IN SUCH NEW SPECIALTY
BEFORE SUCH PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT PHYSICIAN SUPER-
VISION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(E) WHERE SUPERVISION IS REQUIRED BY THIS SECTION, IT SHALL BE CONTIN-
UOUS BUT SHALL NOT BE CONSTRUED AS NECESSARILY REQUIRING THE PHYSICAL
PRESENCE OF THE SUPERVISING PHYSICIAN AT THE TIME AND PLACE WHERE SUCH
SERVICES ARE PERFORMED.
(F) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A HOSPITAL FROM EMPLOY-
ING PHYSICIAN ASSISTANTS, PROVIDED THAT THEY MEET THE QUALIFICATIONS OF
THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE
REQUIREMENTS OF THIS SECTION.
(G) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE PHYSICIAN
ASSISTANTS TO PERFORM THOSE SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY
DELEGATED BY LAW TO THOSE PERSONS LICENSED AS ALLIED HEALTH PROFES-
SIONALS UNDER THIS CHAPTER OR THE EDUCATION LAW.
3. A PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO PRESCRIBE, DISPENSE,
ORDER, ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR COMPLETE A
COURSE OF THERAPY.
4. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS-
TERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS PROMULGATED BY THE
COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR ADMINISTERING IMMUN-
IZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS
TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
5. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO A REGISTERED PROFESSIONAL NURSE PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER FOR:
(A) THE EMERGENCY TREATMENT OF ANAPHYLAXIS.
S. 3007--A 101 A. 3007--A
(B) ADMINISTERING PURIFIED PROTEIN DERIVED (PPD) TESTS OR OTHER TESTS
TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS.
(C) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS.
(D) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS.
(E) THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE.
(F) SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA, AND
CHLAMYDIA.
(G) ADMINISTERING ELECTROCARDIOGRAM TESTS TO DETECT SIGNS AND SYMPTOMS
OF ACUTE CORONARY SYNDROME.
(H) ADMINISTERING POINT-OF-CARE BLOOD GLUCOSE TESTS TO EVALUATE ACUTE
MENTAL STATUS CHANGES IN PERSONS WITH SUSPECTED HYPOGLYCEMIA.
(I) ADMINISTERING TESTS AND INTRAVENOUS LINES TO PERSONS THAT MEET
SEVERE SEPSIS AND SEPTIC SHOCK CRITERIA.
(J) ADMINISTERING TESTS TO DETERMINE PREGNANCY.
(K) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF COVID-19 OR ITS
ANTIBODIES OR INFLUENZA VIRUS.
6. Inpatient medical orders. A licensed physician assistant employed
or extended privileges by a hospital may, if permissible under the
bylaws, rules and regulations of the hospital, write medical orders,
including those for controlled substances and durable medical equipment,
for inpatients [under the care of the physician responsible for the
supervision of such physician assistant. Countersignature of such orders
may be required if deemed necessary and appropriate by the supervising
physician or the hospital, but in no event shall countersignature be
required prior to execution].
[2.] 7. Withdrawing blood. A licensed physician assistant or certified
nurse practitioner acting within [his or her] SUCH PHYSICIAN ASSISTANT'S
OR CERTIFIED NURSE PRACTITIONER'S lawful scope of practice may supervise
and direct the withdrawal of blood for the purpose of determining the
alcoholic or drug content therein under subparagraph one of paragraph
(a) of subdivision four of section eleven hundred ninety-four of the
vehicle and traffic law, notwithstanding any provision to the contrary
in clause (ii) of such subparagraph.
[3.] 8. Prescriptions for controlled substances. A licensed physician
assistant, in good faith and acting within [his or her] SUCH PHYSICIAN
ASSISTANT'S lawful scope of practice, and to the extent assigned by [his
or her] THE supervising physician, AS APPLICABLE PURSUANT TO THIS
SECTION, may prescribe controlled substances as a practitioner under
article thirty-three of this chapter, to patients under the care of such
physician responsible for [his or her] SUCH PHYSICIAN ASSISTANT'S super-
vision. The commissioner[, in consultation with the commissioner of
education,] may promulgate such regulations as are necessary to carry
out the purposes of this section.
§ 10. Section 3703 of the public health law, as amended by chapter 48
of the laws of 2012, is amended to read as follows:
§ 3703. Statutory construction. A physician assistant may perform any
function in conjunction with a medical service lawfully performed by the
physician assistant, in any health care setting, that a statute author-
izes or directs a physician to perform and that is appropriate to the
education, training and experience of the licensed physician assistant
and within the ordinary practice of the supervising physician, AS APPLI-
CABLE PURSUANT TO SECTION THIRTY-SEVEN HUNDRED TWO OF THIS ARTICLE. This
S. 3007--A 102 A. 3007--A
section shall not be construed to increase or decrease the lawful scope
of practice of a physician assistant under the education law.
§ 11. The public health law is amended by adding three new sections
3704, 3705 and 3706 to read as follows:
§ 3704. REQUIREMENTS FOR LICENSE. 1. TO QUALIFY FOR A LICENSE AS A
PHYSICIAN ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN
DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAM-
INATION, A FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF
SEVENTY DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT
CONDUCTED EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERI-
FIED BY OATH OR AFFIRMATION, THAT SUCH PERSON:
(A) AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
(B) IS OF GOOD MORAL CHARACTER;
(C) HAS RECEIVED AN EDUCATION INCLUDING A BACHELOR'S OR EQUIVALENT
DEGREE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(D) HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
OF PHYSICIAN ASSISTANTS. THE APPROVED PROGRAM FOR THE TRAINING OF PHYSI-
CIAN ASSISTANTS SHALL INCLUDE NOT LESS THAN FORTY WEEKS OF SUPERVISED
CLINICAL TRAINING AND THIRTY-TWO CREDIT HOURS OF CLASSROOM WORK. APPLI-
CANTS FOR A LICENSE AS A PHYSICIAN ASSISTANT WHO HAVE COMPLETED AN
APPROVED PROGRAM LEADING TO A BACHELOR'S DEGREE OR EQUIVALENT IN PHYSI-
CIAN ASSISTANT STUDIES SHALL BE DEEMED TO HAVE SATISFIED THIS PARAGRAPH.
THE COMMISSIONER IS EMPOWERED TO DETERMINE WHETHER AN APPLICANT
POSSESSES EQUIVALENT EDUCATION AND TRAINING, SUCH AS EXPERIENCE AS A
NURSE OR MILITARY MEDIC, WHICH MAY BE ACCEPTED IN LIEU OF ALL OR PART OF
AN APPROVED PROGRAM; AND
(E) IN THE CASE OF AN APPLICANT FOR A LICENSE AS A PHYSICIAN ASSIST-
ANT, HAS OBTAINED A PASSING SCORE ON AN EXAMINATION ACCEPTABLE TO THE
DEPARTMENT.
2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR A LICENSE
PURSUANT TO THIS SECTION AN APPLICATION FORM CALLING FOR SUCH INFORMA-
TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
WHO SATISFIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION A
LICENSE AS A PHYSICIAN ASSISTANT IN A PARTICULAR MEDICAL SPECIALTY FOR
THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR
TERMINATING SUBSEQUENT TO THE ISSUANCE OF SUCH LICENSE.
3. EVERY LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL OF SUCH
LICENSEE'S LICENSE. THE DEPARTMENT SHALL MAIL TO EVERY LICENSED PHYSI-
CIAN ASSISTANT AN APPLICATION FORM FOR RENEWAL, ADDRESSED TO THE
LICENSEE'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT
OF SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATIS-
FACTORY COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS MAY BE
ESTABLISHED BY THE COMMISSIONER, THE DEPARTMENT SHALL ISSUE A RENEWAL.
RENEWAL PERIODS SHALL BE TRIENNIAL AND THE RENEWAL FEE SHALL BE FORTY-
FIVE DOLLARS.
§ 3705. USE OF TITLE. ONLY A PERSON LICENSED AS A PHYSICIAN ASSISTANT
BY THE DEPARTMENT MAY USE THE TITLE "PHYSICIAN ASSISTANT" OR THE LETTERS
"P.A." AFTER SUCH PERSON'S NAME.
§ 3706. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS TO BE LICENSED
AS A PHYSICIAN ASSISTANT EXCEPT THAT RELATING TO THE EXAMINATION SHALL
BE ELIGIBLE FOR A LIMITED PERMIT.
2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PHYSICIAN ASSISTANT ONLY UNDER THE DIRECT SUPERVISION OF A PHYSICIAN.
S. 3007--A 103 A. 3007--A
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR A LICENSE HAS BEEN DENIED. A LIMITED PERMIT SHALL BE
EXTENDED UPON APPLICATION FOR ONE YEAR, PROVIDED THAT THE PERMITTEE'S
REQUEST FOR SUCH EXTENSION IS ENDORSED BY A PHYSICIAN WHO EITHER HAS
SUPERVISED OR WILL SUPERVISE THE PERMITTEE, EXCEPT THAT SUCH EXTENSION
MAY BE DENIED BY THE DEPARTMENT FOR CAUSE WHICH SHALL BE STATED IN WRIT-
ING. IF THE PERMITTEE IS AWAITING THE RESULTS OF A LICENSING EXAMINATION
AT THE TIME SUCH LIMITED PERMIT EXPIRES, SUCH PERMIT SHALL CONTINUE TO
BE VALID UNTIL TEN DAYS AFTER NOTIFICATION TO THE PERMITTEE OF THE
RESULT OF SUCH EXAMINATION.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE
DOLLARS.
§ 12. Paragraph a of subdivision 2 of section 902 of the education
law, as amended by chapter 376 of the laws of 2015, is amended to read
as follows:
a. The board of education, and the trustee or board of trustees of
each school district, shall employ, at a compensation to be agreed upon
by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
practitioner to the extent authorized by the nurse practice act and
consistent with subdivision three of section six thousand nine hundred
two of this chapter, to perform the duties of the director of school
health services, including any duties conferred on the school physician
or school medical inspector under any provision of law, to perform and
coordinate the provision of health services in the public schools and to
provide health appraisals of students attending the public schools in
the city or district. The physicians, PHYSICIAN ASSISTANTS, or nurse
practitioners so employed shall be duly licensed pursuant to applicable
law.
§ 13. Subdivision 27 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
27. "Practitioner" means:
A physician, PHYSICIAN ASSISTANT, dentist, podiatrist, veterinarian,
scientific investigator, or other person licensed, or otherwise permit-
ted to dispense, administer or conduct research with respect to a
controlled substance in the course of a licensed professional practice
or research licensed pursuant to this article. Such person shall be
deemed a "practitioner" only as to such substances, or conduct relating
to such substances, as is permitted by [his] THEIR license, permit or
otherwise permitted by law.
§ 14. Article 131-C of the education law is REPEALED.
§ 15. Subdivisions 1, 2 and 4 of section 3710 of the public health
law, as added by chapter 48 of the laws of 2012, are amended to read as
follows:
1. Specialist assistant. The term "specialist assistant" means a
person who is registered pursuant to section [sixty-five hundred forty-
eight of the education law] THIRTY-SEVEN HUNDRED TWELVE OF THIS ARTICLE
as a specialist assistant for a particular medical [speciality] SPECIAL-
TY as defined by regulations promulgated by the commissioner pursuant to
section thirty-seven hundred eleven of this article.
2. Physician. The term "physician" means a practitioner of medicine
licensed to practice medicine pursuant to article [one hundred thirty-
one of the education law] THIRTY-SEVEN-B OF THIS CHAPTER.
S. 3007--A 104 A. 3007--A
4. Approved program. The term "approved program" means a program for
the education of specialist assistants which has been formally approved
by the [education] department.
§ 16. Section 3711 of the public health law, as added by chapter 48 of
the laws of 2012, is amended to read as follows:
§ 3711. Commissioner; powers and duties. The commissioner shall have
the following powers and duties:
1. TO DETERMINE THE QUALIFICATIONS FOR REGISTRATION OF SPECIALIST
ASSISTANT AND ISSUE CERTIFICATES TO QUALIFIED APPLICANTS.
2. to promulgate regulations defining and restricting the duties which
may be assigned to specialist assistants, the degree of supervision
required and the manner in which such duties may be performed;
[2.] 3. to promulgate regulations establishing such different medical
specialties for which specialist assistants may be registered [by the
education department pursuant to section sixty-five hundred forty-eight
of the education law as will] TO most effectively increase the quality
of medical care available in this state; provided, however, that no
category of specialist assistant shall be established: (a) for areas in
which allied health professions are licensed pursuant to the education
law or this chapter; or (b) relating to the practice of surgery or prac-
tice in the intensive care unit of any general hospital, as defined
pursuant to article twenty-eight of this chapter[.];
[3.] 4. to conduct and support continuing studies respecting the
nature and scope of the duties of specialist assistants in order to
promote their effective functioning as members of the health care team;
[4.] 5. to determine the desirability of and to establish rules for
requiring continuing education of specialist assistants;
[5. to furnish the education department with suggested criteria which
may be used by the education department to help determine the education
and training requirements for a specialist assistant;]
6. to adopt such other rules and regulations as may be necessary or
appropriate to carry out the purposes of this article.
§ 17. The public health law is amended by adding three new sections
3712, 3713 and 3714 to read as follows:
§ 3712. REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS A SPECIALIST
ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF SEVENTY
DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED
EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERIFIED BY
OATH OR AFFIRMATION, THAT SUCH PERSON:
(A) AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
(B) IS OF GOOD MORAL CHARACTER;
(C) HAS SUCCESSFULLY COMPLETED A FOUR-YEAR COURSE OF STUDY IN A
SECONDARY SCHOOL APPROVED BY THE BOARD OF REGENTS OR HAS PASSED AN
EQUIVALENCY TEST; AND
(D) HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
OF SPECIALIST ASSISTANTS.
2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION AS THE
DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION A CERTIFICATE
OF REGISTRATION AS SPECIALIST ASSISTANT IN A PARTICULAR MEDICAL SPECIAL-
TY FOR THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUM-
BERED YEAR TERMINATING SUBSEQUENT TO REGISTRATION.
S. 3007--A 105 A. 3007--A
3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
REGISTRATION. THE DEPARTMENT SHALL MAIL TO EVERY REGISTERED SPECIALIST
ASSISTANT AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE REGIS-
TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATISFAC-
TORY COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS MAY BE
ESTABLISHED BY THE DEPARTMENT, THE DEPARTMENT SHALL ISSUE A CERTIFICATE
OF REGISTRATION. REGISTRATION PERIODS SHALL BE TRIENNIAL AND THE REGIS-
TRATION FEE SHALL BE FORTY-FIVE DOLLARS.
§ 3713. PERFORMANCE OF MEDICAL SERVICES. 1. A SPECIALIST ASSISTANT MAY
PERFORM MEDICAL SERVICES, BUT ONLY WHEN UNDER THE SUPERVISION OF A
PHYSICIAN AND ONLY WHEN SUCH ACTS AND DUTIES AS ARE ASSIGNED TO THEM ARE
RELATED TO THE DESIGNATED MEDICAL SPECIALTY FOR WHICH THEY ARE REGIS-
TERED AND ARE WITHIN THE SCOPE OF PRACTICE OF THEIR SUPERVISING PHYSI-
CIAN.
2. SUPERVISION SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS
NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE MORE THAN TWO SPECIALIST
ASSISTANTS IN THEIR PRIVATE PRACTICE.
4. NOTHING IN THIS ARTICLE SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
SPECIALIST ASSISTANTS PROVIDED THEY WORK UNDER THE SUPERVISION OF A
PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NOTHING SHALL
PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING NO MORE THAN
FOUR SPECIALIST ASSISTANTS IN THEIR PRACTICE FOR THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TRAINEE IN AN
APPROVED PROGRAM MAY PERFORM MEDICAL SERVICES WHEN SUCH SERVICES ARE
PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE SPECIALIST
ASSISTANTS TO PERFORM THOSE SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY
DELEGATED BY LAW TO THOSE PERSONS LICENSED AS ALLIED HEALTH PROFES-
SIONALS UNDER THIS CHAPTER OR THE EDUCATION LAW.
§ 3714. USE OF TITLE. ONLY A PERSON REGISTERED AS A SPECIALIST ASSIST-
ANT BY THE DEPARTMENT MAY USE THE TITLE "REGISTERED SPECIALIST ASSIST-
ANT" OR THE LETTERS "R.S.A." AFTER SUCH PERSON'S NAME.
§ 18. Paragraph (a) of section 1501 of the business corporation law,
as amended by chapter 9 of the laws of 2013, is amended to read as
follows:
(a) "licensing authority" means the regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all professions licensed under title eight of the educa-
tion law, [and] the appropriate appellate division of the supreme court
in the case of the profession of law, AND THE DEPARTMENT OF HEALTH IN
THE CASE OF THE PRACTICE OF MEDICINE.
§ 19. Paragraph (d) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(d) A professional service corporation, including a design profes-
sional service corporation, other than a corporation authorized to prac-
tice law, shall be under the supervision of the regents of the universi-
ty of the state of New York and be subject to disciplinary proceedings
S. 3007--A 106 A. 3007--A
and penalties, and its certificate of incorporation shall be subject to
suspension, revocation or annulment for cause, in the same manner and to
the same extent as is provided with respect to individuals and their
licenses, certificates, and registrations in title eight of the educa-
tion law relating to the applicable profession. Notwithstanding the
provisions of this paragraph, a professional service corporation author-
ized to practice medicine shall be [subject to the prehearing procedures
and hearing procedures as is provided with respect to individual physi-
cians and their licenses] UNDER THE SUPERVISION OF THE DEPARTMENT OF
HEALTH AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES, AND ITS
CERTIFICATE OF INCORPORATION SHALL BE SUBJECT TO SUSPENSION, REVOCATION
OR ANNULMENT FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS
PROVIDED WITH RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES,
AND REGISTRATIONS in title II-A of article two of the public health law.
§ 20. Section 1515 of the business corporation law, as added by chap-
ter 974 of the laws of 1970, is amended to read as follows:
§ 1515. Regulation of professions.
This article shall not repeal, modify or restrict any provision of the
education law, THE PUBLIC HEALTH LAW, or the judiciary law regulating
the professions referred to therein except to the extent in conflict
herewith.
§ 21. Paragraph (a) of section 1525 of the business corporation law,
as added by chapter 505 of the laws of 1983, is amended to read as
follows:
(a) "Licensing authority" means the regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all professions licensed under title eight of the educa-
tion law, and the appropriate appellate division of the supreme court in
the case of the profession of law. THE DEPARTMENT OF HEALTH SHALL BE
RESPONSIBLE FOR CERTIFYING THAT EACH SHAREHOLDER, OFFICER AND DIRECTOR
OF A FOREIGN PROFESSIONAL SERVICE CORPORATION PROVIDING HEALTH SERVICES
IS LICENSED TO PRACTICE SAID PROFESSION IN THIS STATE AND, SOLELY FOR
PURPOSES OF THIS ARTICLE, ANY REFERENCE TO "LICENSING AUTHORITY" IN THIS
ARTICLE IN CONNECTION WITH SUCH CORPORATIONS SHALL REFER TO THE DEPART-
MENT OF HEALTH.
§ 22. Paragraph (c) of section 1530 of the business corporation law,
as added by chapter 505 of the laws of 1983, is amended to read as
follows:
(c) The fee for filing the application for authority shall be two
hundred dollars, payable to the department of state, and the fee for a
certificate of authority issued by the state education department OR THE
DEPARTMENT OF HEALTH shall be fifty dollars.
§ 23. Paragraphs (a) and (b) of section 1532 of the business corpo-
ration law, as added by chapter 505 of the laws of 1983, are amended to
read as follows:
(a) This article shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to therein except to the extent in conflict herewith.
(b) A foreign professional service corporation, other than a foreign
professional service corporation authorized to practice law, shall be
under the supervision of the regents of the university of the state of
New York and be subject to disciplinary proceedings and penalties, and
its authority to do business shall be subject to suspension, revocation
or annulment for cause, in the same manner and to the same extent as is
provided with respect to individuals and their licenses, certificates,
S. 3007--A 107 A. 3007--A
and registrations in title eight of the education law relating to the
applicable profession. Notwithstanding the provisions of this subdivi-
sion, a foreign professional service corporation authorized to practice
medicine shall be [subject to the prehearing procedures and hearing
procedures as is provided with respect to individual physicians and
their licenses] UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE
SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES, AND ITS CERTIFICATE
OF INCORPORATION SHALL BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT
FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS in Title II-A of article two of the public health law.
§ 24. Subdivision (a) of section 1201 of the limited liability company
law is amended to read as follows:
(a) "Licensing authority" means the regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all professions licensed under title eight of the educa-
tion law, [and] the appropriate appellate division of the supreme court
in the case of the profession of law, AND THE DEPARTMENT OF HEALTH IN
THE CASE OF THE PRACTICE OF MEDICINE.
§ 25. Subdivision (d) of section 1203 of the limited liability company
law is amended to read as follows:
(d) A professional service limited liability company, other than a
professional service limited liability company authorized to practice
law, shall be under the supervision of the regents of the university of
the state of New York and be subject to disciplinary proceedings and
penalties, and its articles of organization shall be subject to suspen-
sion, revocation or annulment for cause, in the same manner and to the
same extent as is provided with respect to individuals and their
licenses, certificates and registrations in title eight of the education
law relating to the applicable profession. Notwithstanding the
provisions of this subdivision, a professional service limited liability
company authorized to practice medicine shall be [subject to the pre-
hearing procedures and hearing procedures as are] UNDER THE SUPERVISION
OF THE DEPARTMENT OF HEALTH AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS
AND PENALTIES, AND ITS ARTICLES OF ORGANIZATION SHALL BE SUBJECT TO
SUSPENSION, REVOCATION, OR ANNULMENT FOR CAUSE, IN THE SAME MANNER AND
TO THE SAME EXTENT AS IS provided with respect to individual physicians
and their licenses in Title II-A of article two of the public health
law.
§ 26. Section 1215 of the limited liability company law is amended to
read as follows:
§ 1215. Regulation of professions. This article shall not repeal,
modify or restrict any provision of the education law, THE PUBLIC HEALTH
LAW, or the judiciary law or any rules or regulations adopted thereunder
regulating the professions referred to in the education law, THE PUBLIC
HEALTH LAW, or the judiciary law except to the extent in conflict here-
with.
§ 27. Subdivision (b) of section 1301 of the limited liability company
law is amended to read as follows:
(b) "Licensing authority" means the regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all professions licensed under title eight of the educa-
tion law, and the appropriate appellate division of the supreme court in
the case of the profession of law. THE DEPARTMENT OF HEALTH SHALL BE
RESPONSIBLE FOR CERTIFYING THAT EACH MEMBER AND MANAGER OF A FOREIGN
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY PROVIDING HEALTH SERVICES
S. 3007--A 108 A. 3007--A
IS LICENSED TO PRACTICE SAID PROFESSION IN THIS STATE AND ANY REFERENCE
TO "LICENSING AUTHORITY" IN THIS ARTICLE IN CONNECTION WITH SUCH COMPA-
NIES SHALL REFER TO THE DEPARTMENT OF HEALTH.
§ 28. Subdivision (c) of section 1306 of the limited liability company
law is amended to read as follows:
(c) The fee for filing the application for authority shall be two
hundred dollars, payable to the department of state, and the fee for a
certificate of authority issued by the state education department OR THE
DEPARTMENT OF HEALTH shall be fifty dollars.
§ 29. Subdivisions (a) and (b) of section 1308 of the limited liabil-
ity company law are amended to read as follows:
(a) This article shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
(b) A foreign professional service limited liability company, other
than a foreign professional service limited liability company authorized
to practice law, shall be under the supervision of the regents of the
university of the state of New York and be subject to disciplinary
proceedings and penalties, and its authority to do business shall be
subject to suspension, revocation or annulment for cause, in the same
manner and to the same extent as is provided with respect to individuals
and their licenses, certificates and registrations in title eight of the
education law relating to the applicable profession. Notwithstanding
the provisions of this subdivision, a foreign professional service
limited liability company authorized to practice medicine shall be
[subject to the pre-hearing procedures and hearing procedures as are
provided with respect to individual physicians and their licenses] UNDER
THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES, AND ITS AUTHORITY TO DO BUSINESS SHALL
BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR CAUSE, IN THE SAME
MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS
AND THEIR LICENSES, CERTIFICATES AND REGISTRATIONS in Title II-A of
article two of the public health law.
§ 30. The tenth, fourteenth and sixteenth undesignated paragraphs of
section 2 of the partnership law, the tenth and sixteenth undesignated
paragraphs as added by chapter 576 of the laws of 1994, and the four-
teenth undesignated paragraph as amended by chapter 475 of the laws of
2014, are amended to read as follows:
"Licensing authority" means the regents of the university of the state
of New York or the state education department, as the case may be, in
the case of all professions licensed under title eight of the education
law, [and] the appropriate appellate division of the supreme court in
the case of the profession of law, AND THE DEPARTMENT OF HEALTH IN THE
CASE OF THE PRACTICE OF MEDICINE.
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority [pursuant to the education law] to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
S. 3007--A 109 A. 3007--A
licensed pursuant to [article 131 of the education law] ARTICLE 37-B OF
THE PUBLIC HEALTH LAW to practice medicine in this state and all part-
ners of a professional partnership that provides dental services in this
state must be licensed pursuant to article 133 of the education law to
practice dentistry in this state; and further except that all partners
of a professional partnership that provides professional engineering,
land surveying, geologic, architectural and/or landscape architectural
services in this state must be licensed pursuant to article 145, article
147 and/or article 148 of the education law to practice one or more of
such professions in this state.
"Professional service corporation" means (i) a corporation organized
under article fifteen of the business corporation law and (ii) any other
corporation organized under the business corporation law or any prede-
cessor statute, which is authorized by, or holds a license, certificate,
registration or permit issued by, the licensing authority [pursuant to
the education law] to render professional services within this state.
§ 31. Subdivisions (m) and (o) of section 121-1500 of the partnership
law, as added by chapter 576 of the laws of 1994, are amended to read as
follows:
(m) A registered limited liability partnership, other than a regis-
tered limited liability partnership authorized to practice law, shall be
under the supervision of the regents of the university of the state of
New York and be subject to disciplinary proceedings and penalties in the
same manner and to the same extent as is provided with respect to indi-
viduals and their licenses, certificates and registrations in title
eight of the education law relating to the applicable profession.
Notwithstanding the provisions of this subdivision, a registered limited
liability partnership authorized to practice medicine shall be [subject
to the pre-hearing procedures and hearing procedures as are] UNDER THE
SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT TO DISCIPLINARY
PROCEEDINGS AND PENALTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS
IS provided with respect to individual physicians and their licenses in
title two-A of article two of the public health law. In addition to
rendering the professional service or services the partners are author-
ized to practice in this state, a registered limited liability partner-
ship may carry on, or conduct or transact any other business or activ-
ities as to which a partnership without limited partners may be formed.
Notwithstanding any other provision of this section, a registered limit-
ed liability partnership (i) authorized to practice law may only engage
in another profession or business or activities or (ii) which is engaged
in a profession or other business or activities other than law may only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals. Any registered limit-
ed liability partnership may invest its funds in real estate, mortgages,
stocks, bonds or any other types of investments.
(o) This section shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
§ 32. Subdivisions (n) and (p) of section 121-1502 of the partnership
law, as added by chapter 576 of the laws of 1994, are amended to read as
follows:
(n) A foreign limited liability partnership, other than a foreign
limited liability partnership authorized to practice law, shall be under
S. 3007--A 110 A. 3007--A
the supervision of the regents of the university of the state of New
York and be subject to disciplinary proceedings and penalties in the
same manner and to the same extent as is provided with respect to indi-
viduals and their licenses, certificates and registrations in title
eight of the education law relating to the applicable profession.
Notwithstanding the provisions of this subdivision, a foreign limited
liability partnership authorized to practice medicine shall be [subject
to the pre-hearing procedures and hearing procedures as are] UNDER THE
SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT TO DISCIPLINARY
PROCEEDINGS AND PENALTIES IN THE SAME MANNER AND TO THE SAME EXTENT AS
IS provided with respect to individual physicians and their licenses in
title two-A of article two of the public health law. No foreign limited
liability partnership shall engage in any profession or carry on, or
conduct or transact any other business or activities in this state other
than the rendering of the professional services or the carrying on, or
conducting or transacting of any other business or activities for which
it is formed and is authorized to do business in this state; provided
that such foreign limited liability partnership may invest its funds in
real estate, mortgages, stocks, bonds or any other type of investments;
provided, further, that a foreign limited liability partnership (i)
authorized to practice law may only engage in another profession or
other business or activities in this state or (ii) which is engaged in a
profession or other business or activities other than law may only
engage in the practice of law in this state, to the extent not prohibit-
ed by any other law of this state or any rule adopted by the appropriate
appellate division of the supreme court or the court of appeals.
(p) This section shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
§ 33. Subdivision 3-a of section 6502 of the education law, as amended
by chapter 599 of the laws of 1996, is amended to read as follows:
3-a. Prior to issuing any registration pursuant to this section and
section [sixty-five hundred twenty-four of this chapter] THIRTY-SEVEN
HUNDRED FIFTY-FOUR OF THE PUBLIC HEALTH LAW, the department shall
request and review any information relating to an applicant which
reasonably appears to relate to professional misconduct in [his or her]
THEIR professional practice in this and any other jurisdiction. The
department shall advise the director of the office of professional
medical conduct in the department of health of any information about an
applicant which reasonably appears to be professional misconduct as
defined in sections [sixty-five hundred thirty and sixty-five hundred
thirty-one of this chapter] TWO HUNDRED THIRTY-E, TWO HUNDRED THIRTY-F
AND TWO HUNDRED THIRTY-G OF THE PUBLIC HEALTH LAW, within seven days of
its discovery. The registration or re-registration of such applicant
shall not be delayed for a period exceeding thirty days unless the
director finds a basis for recommending summary action pursuant to
subdivision twelve of section two hundred thirty of the public health
law after consultation with a committee on professional conduct of the
state board for professional medical conduct, if warranted. Re-registra-
tion shall be issued if the commissioner of health fails to issue a
summary order pursuant to subdivision twelve of section two hundred
thirty of the public health law within ninety days of notice by the
department pursuant to this subdivision. Re-registration shall be denied
S. 3007--A 111 A. 3007--A
if the commissioner of health issues a summary order pursuant to subdi-
vision twelve of section two hundred thirty of the public health law.
§ 34. Section 6505-d of the education law, as amended by chapter 101
of the laws of 2024, is amended to read as follows:
§ 6505-d. Evaluation of prior disciplinary history for authorization
to practice. An applicant seeking licensure, certification, or authori-
zation pursuant to this title who has been subject to disciplinary
action by a duly authorized professional disciplinary agency of another
jurisdiction solely on the basis of having performed, recommended, or
provided an abortion pursuant to section twenty-five hundred ninety-
nine-bb of the public health law, or gender-affirming care, as defined
in paragraph (c) of subdivision one of section [sixty-five hundred thir-
ty-one-b of the education law] TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH
LAW, shall not be denied such licensure, certification, or authori-
zation, unless the department determines that such action would have
constituted professional misconduct in this state. Provided however,
that nothing in this section shall be construed as prohibiting the
department from evaluating the conduct of such applicant and making a
determination to be licensed, certified, or authorized to practice a
profession under this title.
§ 35. Subdivisions 1 and 9 of section 6506 of the education law, as
amended by chapter 606 of the laws of 1991, are amended to read as
follows:
(1) Promulgate rules, except that no rule shall be promulgated
concerning [article 131-A of this chapter] THE DEFINITIONS OF PROFES-
SIONAL MISCONDUCT APPLICABLE TO PHYSICIANS, PHYSICIAN'S ASSISTANTS AND
SPECIALIST'S ASSISTANTS;
(9) Establish by rule, standards of conduct with respect to advertis-
ing, fee splitting, practicing under a name other than that of the indi-
vidual licensee (when not specifically authorized), proper use of
academic or professional degrees or titles tending to imply professional
status, and such other ethical practices as such board shall deem neces-
sary, except that no rule shall be established concerning [article 131-A
of this chapter] THE DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE
TO PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS; and
§ 36. Paragraph a of subdivision 2 of section 6507 of the education
law, as amended by chapter 606 of the laws of 1991, is amended to read
as follows:
a. Promulgate regulations, except that no regulations shall be promul-
gated concerning [article 131-A of this chapter] THE DEFINITIONS OF
PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS, PHYSICIAN'S ASSISTANTS
AND SPECIALIST'S ASSISTANTS;
§ 37. Subdivision 1 of section 6514 of the education law, as amended
by chapter 606 of the laws of 1991, is amended to read as follows:
1. All alleged violations of sections sixty-five hundred twelve or
sixty-five hundred thirteen of this article shall be reported to the
department which shall cause an investigation to be instituted. All
alleged violations of section [sixty-five hundred thirty-one of the
education law] TWO HUNDRED THIRTY-E OF THE PUBLIC HEALTH LAW shall be
reported to the department of health which shall cause an investigation
to be instituted. If the investigation substantiates that violations
exist, such violations shall be reported to the attorney general with a
request for prosecution.
§ 38. Subdivisions 1, 9-b, 9-c, subparagraph (i-a) of paragraph (a) of
subdivision 10, item 2 of clause (d) of subparagraph (ii) of paragraph
(h) of subdivision 10, paragraph (p) of subdivision 10, paragraph (a) of
S. 3007--A 112 A. 3007--A
subdivision 11, subdivision 13, and paragraph (c) of subdivision 17 of
section 230 of the public health law, subdivision 1 as amended by chap-
ter 537 of the laws of 1998, subdivision 9-b as amended by chapter 11 of
the laws of 2015, subdivision 9-c as amended by chapter 143 of the laws
of 2023, paragraph (a) of subdivision 9-c as amended by chapter 101 of
the laws of 2024, subparagraph (i-a) of paragraph (a) of subdivision 10
as added by chapter 220 of the laws of 2022, item 2 of clause (d) of
subparagraph (ii) of paragraph (h) of subdivision 10 as amended by chap-
ter 477 of the laws of 2008, paragraph (p) of subdivision 10 as amended
by chapter 599 and paragraph (a) of subdivision 11 as amended by chapter
627 of the laws of 1996, and subdivision 13 as added and paragraph (c)
of subdivision 17 as amended by chapter 606 of the laws of 1991, are
amended to read as follows:
1. A state board for professional medical conduct is hereby created in
the department in matters of professional misconduct as defined in
[sections sixty-five hundred thirty and sixty-five hundred thirty-one of
the education law] THIS TITLE. Its physician members shall be appointed
by the commissioner at least eighty-five percent of whom shall be from
among nominations submitted by the medical society of the state of New
York, the New York state osteopathic society, the New York academy of
medicine, county medical societies, statewide specialty societies recog-
nized by the council of medical specialty societies, and the hospital
association of New York state. Its lay members shall be appointed by the
commissioner with the approval of the governor. The board of regents
shall also appoint twenty percent of the members of the board. Not less
than sixty-seven percent of the members appointed by the board of
regents shall be physicians. Not less than eighty-five percent of the
physician members appointed by the board of regents shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide medical societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Any failure to meet the percentage thresholds
stated in this subdivision shall not be grounds for invalidating any
action by or on authority of the board for professional medical conduct
or a committee or a member thereof. The board for professional medical
conduct shall consist of not fewer than eighteen physicians licensed in
the state for at least five years, two of whom shall be doctors of
osteopathy, not fewer than two of whom shall be physicians who dedicate
a significant portion of their practice to the use of non-conventional
medical treatments who may be nominated by New York state medical asso-
ciations dedicated to the advancement of such treatments, at least one
of whom shall have expertise in palliative care, and not fewer than
seven lay members. An executive secretary shall be appointed by the
chairperson and shall be a licensed physician. Such executive secretary
shall not be a member of the board, shall hold office at the pleasure
of, and shall have the powers and duties assigned and the annual salary
fixed by, the chairperson. The chairperson shall also assign such secre-
taries or other persons to the board as are necessary.
9-b. Neither the board for professional medical conduct nor the office
of professional medical conduct shall charge a licensee with misconduct
as defined in [sections sixty-five hundred thirty and sixty-five hundred
thirty-one of the education law] THIS TITLE, or cause a report made to
the director of such office to be investigated beyond a preliminary
review as set forth in clause (A) of subparagraph (i) of paragraph (a)
of subdivision ten of this section, where such report is determined to
S. 3007--A 113 A. 3007--A
be based solely upon the recommendation or provision of a treatment
modality to a particular patient by such licensee that is not
universally accepted by the medical profession, including but not limit-
ed to, varying modalities used in the treatment of Lyme disease and
other tick-borne diseases. When a licensee, acting in accordance with
[paragraph e of subdivision four of] section [sixty-five hundred twen-
ty-seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS
CHAPTER, recommends or provides a treatment modality that effectively
treats human disease, pain, injury, deformity or physical condition for
which the licensee is treating a patient, the recommendation or
provision of that modality to a particular patient shall not, by itself,
constitute professional misconduct. The licensee shall otherwise abide
by all other applicable professional requirements.
9-c. (a) Neither the board for professional medical conduct nor the
office of professional medical conduct shall charge a licensee, acting
within their scope of practice, with misconduct as defined in [sections
sixty-five hundred thirty and sixty-five hundred thirty-one of the
education law] THIS TITLE, or cause a report made to the director of
such office to be investigated beyond a preliminary review as set forth
in clause (A) of subparagraph (i) of paragraph (a) of subdivision ten of
this section, where such report is determined to be based solely upon
the performance, recommendation, or provision of any reproductive health
services as defined in [section sixty-five hundred thirty-one-b of the
education law] PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED
THIRTY-H OF THIS TITLE, or gender-affirming care, as defined in para-
graph (c) of subdivision one of section [sixty-five hundred thirty-one-b
of the education law] TWO HUNDRED THIRTY-H OF THIS TITLE, for a partic-
ular patient by such licensee where such patient resides in a state
wherein the performance, recommendation or provision of such reproduc-
tive health services or gender-affirming care is illegal.
(b) When a licensee, acting within their scope of practice, and in
accordance with [paragraph e of subdivision four of] section [sixty-five
hundred twenty-seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-
ONE OF THIS CHAPTER, performs, recommends or provides any reproductive
health services or gender-affirming care for a patient who resides in a
state wherein the performance, recommendation, or provision of any such
reproductive health services or gender-affirming care is illegal, such
performance, recommendation, or provision of such reproductive health
services or gender-affirming care for such patient, shall not, by
itself, constitute professional misconduct. The licensee shall otherwise
abide by all other applicable professional requirements.
(i-a) The director shall, in addition to the determination required by
clause (A) of subparagraph (i) of this paragraph, determine if a report
is based solely upon conduct which is otherwise permissible pursuant to
section [sixty-five hundred thirty-one-b of the education law] TWO
HUNDRED THIRTY-H OF THIS TITLE and subdivision nine-c of this section,
and upon a determination by the director that a report is based solely
upon such permissible conduct, no further review shall be conducted and
no charges shall be brought. Nothing in this section shall preclude the
director from making such a determination earlier in, or subsequent to,
a preliminary review.
(2) make arrangements for the transfer and maintenance of the medical
records of [his or her] THEIR former patients. Records shall be either
transferred to the licensee's former patients consistent with the
provisions of sections seventeen and eighteen of this chapter or to
another physician or health care practitioner as provided in clause (1)
S. 3007--A 114 A. 3007--A
of this subparagraph who shall expressly assume responsibility for their
care and maintenance and for providing access to such records, as
provided in subdivisions twenty-two and thirty-two of [section sixty-
five hundred thirty of the education law] SECTION TWO HUNDRED THIRTY-E
OF THIS TITLE, the rules of the board of regents or the regulations of
the commissioner of education and sections seventeen and eighteen of
this chapter. When records are not transferred to the licensee's former
patients or to another physician or health care practitioner, the licen-
see whose license has been revoked, annulled, surrendered, suspended or
restricted shall remain responsible for the care and maintenance of the
medical records of [his or her] THEIR former patients and shall be
subject to additional proceedings pursuant to subdivisions twenty-two,
thirty-two and forty of section [sixty-five hundred thirty of the educa-
tion law] TWO HUNDRED THIRTY-E OF THIS TITLE in the event that the
licensee fails to maintain those medical records or fails to make them
available to a former patient.
(p) Convictions of crimes or administrative violations. In cases of
professional misconduct based solely upon a violation of subdivision
nine of section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS TITLE, the director may direct that charges be
prepared and served and may refer the matter to a committee on profes-
sional conduct for its review and report of findings, conclusions as to
guilt, and determination. In such cases, the notice of hearing shall
state that the licensee shall file a written answer to each of the
charges and allegations in the statement of charges no later than ten
days prior to the hearing, and that any charge or allegation not so
answered shall be deemed admitted, that the licensee may wish to seek
the advice of counsel prior to filing such answer that the licensee may
file a brief and affidavits with the committee on professional conduct,
that the licensee may appear personally before the committee on profes-
sional conduct, may be represented by counsel and may present evidence
or sworn testimony in [his or her] THEIR behalf, and the notice may
contain such other information as may be considered appropriate by the
director. The department may also present evidence or sworn testimony
and file a brief at the hearing. A stenographic record of the hearing
shall be made. Such evidence or sworn testimony offered to the committee
on professional conduct shall be strictly limited to evidence and testi-
mony relating to the nature and severity of the penalty to be imposed
upon the licensee. Where the charges are based on the conviction of
state law crimes in other jurisdictions, evidence may be offered to the
committee which would show that the conviction would not be a crime in
New York state. The committee on professional conduct may reasonably
limit the number of witnesses whose testimony will be received and the
length of time any witness will be permitted to testify. The determi-
nation of the committee shall be served upon the licensee and the
department in accordance with the provisions of paragraph (h) of this
subdivision. A determination pursuant to this subdivision may be
reviewed by the administrative review board for professional medical
conduct.
(a) The medical society of the state of New York, the New York state
osteopathic society or any district osteopathic society, any statewide
medical specialty society or organization, and every county medical
society, every person licensed pursuant to articles [one hundred thir-
ty-one, one hundred thirty-one-B,] one hundred thirty-three, one hundred
thirty-seven and one hundred thirty-nine of the education law OR ARTI-
CLES THIRTY-SEVEN OR THIRTY-SEVEN-B OF THIS CHAPTER, and the chief exec-
S. 3007--A 115 A. 3007--A
utive officer, the chief of the medical staff and the chairperson of
each department of every institution which is established pursuant to
article twenty-eight of this chapter and a comprehensive health services
plan pursuant to article forty-four of this chapter or article forty-
three of the insurance law, shall, and any other person may, report to
the board any information which such person, medical society, organiza-
tion, institution or plan has which reasonably appears to show that a
licensee is guilty of professional misconduct as defined in [sections
sixty-five hundred thirty and sixty-five hundred thirty-one of the
education law] THIS TITLE. Such reports shall remain confidential and
shall not be admitted into evidence in any administrative or judicial
proceeding except that the board, its staff, or the members of its
committees may begin investigations on the basis of such reports and may
use them to develop further information.
13. (a) Temporary surrender. The license and registration of a licen-
see who may be temporarily incapacitated for the active practice of
medicine and whose alleged incapacity has not resulted in harm to a
patient may be voluntarily surrendered to the board for professional
medical conduct, which may accept and hold such license during the peri-
od of such alleged incapacity or the board for professional medical
conduct may accept the surrender of such license after agreement to
conditions to be met prior to the restoration of the license. The board
shall give prompt written notification of such surrender to the division
of professional licensing services of the state education department,
and to each hospital at which the licensee has privileges. The licensee
whose license is so surrendered shall notify all patients and all
persons who request medical services that the licensee has temporarily
withdrawn from the practice of medicine. The licensure status of each
such licensee shall be "inactive" and the licensee shall not be author-
ized to practice medicine. The temporary surrender shall not be deemed
to be an admission of disability or of professional misconduct, and
shall not be used as evidence of a violation of subdivision seven or
eight of section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS TITLE unless the licensee practices while the
license is "inactive". Any such practice shall constitute a violation of
subdivision twelve of section [sixty-five hundred thirty of the educa-
tion law] TWO HUNDRED THIRTY-E OF THIS TITLE. The surrender of a license
under this subdivision shall not bar any disciplinary action except
action based solely upon the provisions of subdivision seven or eight of
section [sixty-five hundred thirty of the education law] TWO HUNDRED
THIRTY-E OF THIS TITLE and where no harm to a patient has resulted, and
shall not bar any civil or criminal action or proceeding which might be
brought without regard to such surrender. A surrendered license shall be
restored upon a showing to the satisfaction of a committee of profes-
sional conduct of the state board for professional medical conduct that
the licensee is not incapacitated for the active practice of medicine
provided, however, that the committee may impose reasonable conditions
on the licensee, if it determined that due to the nature and extent of
the licensee's former incapacity such conditions are necessary to
protect the health of the people. The chairperson of the committee shall
issue a restoration order adopting the decision of the committee. Prompt
written notification of such restoration shall be given to the division
of professional licensing services of the state education department and
to all hospitals which were notified of the surrender of the license.
(b) Permanent surrender. The license and registration of a licensee
who may be permanently incapacitated for the active practice of medi-
S. 3007--A 116 A. 3007--A
cine, and whose alleged incapacity has not resulted in harm to a
patient, may be voluntarily surrendered to the board for professional
medical conduct. The board shall give prompt written notification of
such surrender to the division of professional licensing services of the
state education department, and to each hospital at which the licensee
has privileges. The licensee whose license is so surrendered shall noti-
fy all patients and all persons who request medical services that the
licensee has permanently withdrawn from the practice of medicine. The
permanent surrender shall not be deemed to be an admission of disability
[of] or professional misconduct, and shall not be used as evidence of a
violation of subdivision seven or eight of section [sixty-five hundred
thirty of the education law] TWO HUNDRED THIRTY-E OF THIS TITLE. The
surrender shall not bar any civil or criminal action or proceeding which
might be brought without regard to such surrender. There shall be no
restoration of a license that has been surrendered pursuant to this
subdivision.
(c) If the committee determines that reasonable cause exists as speci-
fied in paragraph (a) of this subdivision and that there is insufficient
evidence for the matter to constitute misconduct as defined in sections
[sixty-five hundred thirty and section sixty-five hundred thirty-one of
the education law] TWO HUNDRED THIRTY-E, TWO HUNDRED THIRTY-F AND TWO
HUNDRED THIRTY-G OF THIS TITLE, the committee may issue an order direct-
ing that the licensee's practice of medicine be monitored for a period
specified in the order, which shall in no event exceed one year, by a
licensee approved by the director, which may include members of county
medical societies or district osteopathic societies designated by the
commissioner. The licensee responsible for monitoring the licensee shall
submit regular reports to the director. If the licensee refuses to coop-
erate with the licensee responsible for monitoring or if the monitoring
licensee submits a report that the licensee is not practicing medicine
with reasonable skill and safety to [his or her] THEIR patients, the
committee may refer the matter to the director for further proceedings
pursuant to subdivision ten of this section. An order pursuant to this
paragraph shall be kept confidential and shall not be subject to discov-
ery or subpoena, unless the licensee refuses to comply with the order.
§ 39. The opening paragraph of section 230-a of the public health law,
as added by chapter 606 of the laws of 1991, is amended to read as
follows:
The penalties which may be imposed by the state board for professional
medical conduct on a present or former licensee found guilty of profes-
sional misconduct under the definitions and proceedings prescribed in
[section] SECTIONS two hundred thirty, TWO HUNDRED THIRTY-E AND TWO
HUNDRED THIRTY-F of this title [and sections sixty-five hundred thirty
and sixty-five hundred thirty-one of the education law] are:
§ 40. Section 230-a of the public health law, as added by chapter 786
of the laws of 1992, is amended to read as follows:
§ 230-a. Infection control standards. Notwithstanding any law to the
contrary, [including section sixty-five hundred thirty-two of the educa-
tion law,] the department shall promulgate rules or regulations describ-
ing scientifically accepted barrier precautions and infection control
practices as standards of professional medical conduct for persons
licensed under articles one hundred thirty-one and [one hundred thirty-
one-B of the education law] THIRTY-SEVEN AND THIRTY-SEVEN-B OF THIS
CHAPTER. The department shall consult with the education department to
ensure that regulatory standards for scientifically acceptable barrier
precautions and infection prevention techniques promulgated pursuant to
S. 3007--A 117 A. 3007--A
this section are consistent, as far as appropriate with such standards
adopted by the education department applicable to persons licensed under
the education law [other than articles one hundred thirty-one and one
hundred thirty-one-B of such law].
§ 41. Paragraph (b) of subdivision 1 of section 2803-e of the public
health law, as amended by chapter 542 of the laws of 2000, is amended to
read as follows:
(b) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
obtaining knowledge of any information which reasonably appears to show
that a physician is guilty of professional misconduct as defined in
[section sixty-five hundred thirty or sixty-five hundred thirty-one of
the education law] SECTIONS TWO HUNDRED THIRTY-E, TWO HUNDRED THIRTY-F
AND TWO HUNDRED THIRTY-G OF THIS CHAPTER. A violation of this paragraph
shall not be subject to the provisions of section twelve-b of this chap-
ter.
§ 42. Subdivisions 4 and 7 of section 2995-a of the public health law,
subdivision 4 as amended by section 3 of part A of chapter 57 of the
laws of 2015, and subdivision 7 as added by chapter 542 of the laws of
2000, are amended to read as follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update [his or her] THEIR profile information with-
in the six months prior to the expiration date of such physician's
registration period, as a condition of registration renewal under arti-
cle [one hundred thirty-one of the education law] THIRTY-SEVEN-B OF THIS
CHAPTER. Except for optional information provided, physicians shall
notify the department of any change in the profile information within
thirty days of such change.
7. A physician who knowingly provides materially inaccurate informa-
tion under this section shall be guilty of professional misconduct
pursuant to section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS CHAPTER.
§ 42-a. Subdivision 4 of section 2995-a of the public health law, as
amended by chapter 572 of the laws of 2024, is amended to read as
follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update [his or her] THEIR profile information with-
in the six months prior to the submission of the re-registration appli-
cation, as a condition of registration renewal under article [one
hundred thirty-one of the education law] THIRTY-SEVEN-B OF THIS CHAPTER.
Except for optional information provided, physicians shall notify the
department of any change in the profile information within thirty days
of such change.
§ 43. Section 2997-l of the public health law, as added by section 20
of part A of chapter 60 of the laws of 2014, is amended to read as
follows:
§ 2997-l. Activities. The activities enumerated in section twenty-nine
hundred ninety-seven-k of this title shall be undertaken consistent with
S. 3007--A 118 A. 3007--A
section twenty-eight hundred five-j of this chapter by a covered health
care provider and shall be deemed activities of such program as
described in such section and any and all information attributable to
such activities shall be subject to provisions of section twenty-eight
hundred five-m of this chapter and section [sixty-five hundred twenty-
seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAP-
TER.
§ 44. Subdivisions 2 and 3 of section 2999-r of the public health law,
as amended by chapter 461 of the laws of 2012, are amended to read as
follows:
2. With respect to the planning, implementation, and operation of
ACOs, the commissioner, by regulation, shall specifically delineate safe
harbors that exempt ACOs from the application of the following statutes:
(a) article twenty-two of the general business law relating to
arrangements and agreements in restraint of trade;
(b) [article one hundred thirty-one-A of the education law] TITLE
TWO-A OF ARTICLE TWO OF THIS CHAPTER relating to fee-splitting arrange-
ments; and
(c) title two-D of article two of this chapter relating to health care
practitioner referrals.
3. For the purposes of this article, an ACO shall be deemed to be a
hospital for purposes of sections twenty-eight hundred five-j, twenty-
eight hundred five-k, twenty-eight hundred five-l and twenty-eight
hundred five-m of this chapter and subdivisions three and five of
section [sixty-five hundred twenty-seven of the education law] THIRTY-
SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER.
§ 45. Paragraph (d) of subdivision 2 of section 2999-u of the public
health law, as amended by chapter 90 of the laws of 2023, is amended to
read as follows:
(d) A PACE organization shall be deemed to be a health maintenance
organization under article forty-four of this chapter for purposes of
subdivision one of section [sixty-five hundred twenty-seven of the
education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER.
§ 46. Paragraph (b) of subdivision 1-a of section 3515 of the public
health law, as added by chapter 536 of the laws of 2011, is amended to
read as follows:
(b) Paragraph (a) of this subdivision shall be inapplicable to
specialist's assistants registered pursuant to law on the effective date
of this subdivision; but such specialist's assistants shall continue to
be subject to all of the provisions of section [sixty-five hundred thir-
ty of the education law] TWO HUNDRED THIRTY-E OF THIS CHAPTER.
§ 47. Subdivision 3-b of section 140.10 of the criminal procedure law,
as amended by chapter 101 of the laws of 2024, is amended to read as
follows:
3-b. A police officer may not arrest any person for performing or
aiding in the performance of gender-affirming care, as defined in para-
graph (c) of subdivision one of section [sixty-five hundred thirty-one-b
of the education law] TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW,
within this state, or in procuring or aiding in the procurement of
gender-affirming care in this state, if the gender-affirming care is
performed in accordance with the provisions of any other applicable law
of this state.
§ 48. Section 570.19 of the criminal procedure law, as amended by
chapter 101 of the laws of 2024, is amended to read as follows:
§ 570.19 Extradition of gender-affirming care providers, seekers,
parents, guardians, and helpers.
S. 3007--A 119 A. 3007--A
No demand for the extradition of a person subject to criminal liabil-
ity that is in whole or part based on the alleged provision or receipt
of, support for, or any theory of vicarious, joint, several or conspira-
cy liability for gender-affirming care, as defined in paragraph (c) of
subdivision one of section [sixty-five hundred thirty-one-b of the
education law] TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW, lawfully
performed in New York shall be recognized by the governor unless the
executive authority of the demanding state shall allege in writing that
the accused was present in the demanding state at the time of the
commission of the alleged offense, and that thereafter [he, she or] they
fled from that state.
§ 49. Subdivision (e) of section 3102 of the civil practice law and
rules, as separately amended by chapter 138 of the laws of 2023 and
chapter 101 of the laws of 2024, is amended to read as follows:
(e) Action pending in another jurisdiction. Except as provided in
section three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign jurisdiction, or whenever
upon notice or agreement, it is required to take the testimony of a
witness in the state, [he or she] SUCH WITNESS may be compelled to
appear and testify in the same manner and by the same process as may be
employed for the purpose of taking testimony in actions pending in the
state. The supreme court or a county court shall make any appropriate
order in aid of taking such a deposition; provided that no order may be
issued under this section in connection with an out-of-state proceeding
relating to any legally protected health activity, as defined in para-
graph (b) of subdivision one of section 570.17 of the criminal procedure
law or gender-affirming care, as defined in paragraph (c) of subdivision
one of section [sixty-five hundred thirty-one-b of the education law]
TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW, which occurred in this
state, unless such out-of-state proceeding (1) sounds in tort or
contract, (2) is actionable, in an equivalent or similar manner, under
the laws of this state, and (3) was brought by the patient who received
reproductive health services or gender-affirming care, or the patient's
legal representative.
§ 50. Subdivision (h) of section 3119 of the civil practice law and
rules, as amended by chapter 101 of the laws of 2024, is amended to read
as follows:
(h) Subpoenas related to gender-affirming care. Notwithstanding any
other provisions of law, no court or county clerk shall issue a subpoena
under this section in connection with an out-of-state proceeding relat-
ing to any gender-affirming care, as defined in paragraph (c) of subdi-
vision one of section [sixty-five hundred thirty-one-b of the education
law] TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW, which was legally
performed, sought, received, or supported in this state, unless such
out-of-state proceeding (1) sounds in tort or contract, or is based on
statute, (2) is actionable, in an equivalent or similar manner, under
the laws of this state, and (3) was brought by the patient who received
the gender-affirming care, or the patient's legal representative.
§ 51. Section 837-x of the executive law, as amended by chapter 101 of
the laws of 2024, is amended to read as follows:
§ 837-x. Cooperation with certain out-of-state investigations. No
state or local law enforcement agency shall cooperate with or provide
information to any individual or out-of-state agency or department
regarding the provision, seeking, or assistance in provision or seeking
of lawful gender-affirming care, as defined in paragraph (c) of subdivi-
S. 3007--A 120 A. 3007--A
sion one of section [sixty-five hundred thirty-one-b of the education
law] TWO HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW, performed in this
state. Nothing in this section shall prohibit the investigation of any
criminal activity in this state which may involve the performance of
gender-affirming care provided that no information relating to any
medical procedure performed on a specific individual may be shared with
an out-of-state agency or any other individual.
§ 52. Subdivision 3 of section 659 of the family court act, as added
by chapter 101 of the laws of 2024, is amended to read as follows:
3. For purposes of this section, "gender-affirming care" shall have
the same meaning as defined in paragraph (c) of subdivision one of
section [sixty-five hundred thirty-one-b of the education law] TWO
HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW.
§ 53. Subsection (a) of section 3436-a of the insurance law, as sepa-
rately amended by chapter 138 of the laws of 2023 and chapter 101 of the
laws of 2024, is amended to read as follows:
(a) Every insurer that issues or renews medical malpractice insurance
covering a health care provider licensed to practice in this state shall
be prohibited from taking any adverse action against a health care
provider solely on the basis that the health care provider engages in
legally protected health activity, as defined in paragraph (b) of subdi-
vision one of section 570.17 of the criminal procedure law, or gender-
affirming care, as defined in paragraph (c) of subdivision one of
section [sixty-five hundred thirty-one-b of the education law] TWO
HUNDRED THIRTY-H OF THE PUBLIC HEALTH LAW, that is legal in this state
with someone who is from out of the state. The superintendent is
expressly authorized to interpret "legally protected health activity" as
if such definition was stated within this section. Such policy shall
include health care providers who prescribe abortion medication to out-
of-state patients by means of telehealth.
§ 54. Subdivision 2 of section 490 of the social services law, as
added by section 1 of part B of chapter 501 of the laws of 2012, is
amended to read as follows:
2. Notwithstanding any other provision of law, except as may be
provided by section 33.25 of the mental hygiene law, records, reports or
other information maintained by the justice center, state oversight
agencies, delegate investigatory entities, and facilities and provider
agencies regarding the deliberations of an incident review committee
shall be confidential, provided that nothing in this article shall be
deemed to diminish or otherwise derogate the legal privilege afforded to
proceedings, records, reports or other information relating to a quality
assurance function, including the investigation of an incident reported
pursuant to section 29.29 of the mental hygiene law, as provided in
section [sixty-five hundred twenty-seven of the education law] THIRTY-
SEVEN HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW. For purposes of this
section, a quality assurance function is a process for systematically
monitoring and evaluating various aspects of a program, service or
facility to ensure that standards of care are being met.
§ 55. Paragraph a of subdivision 1 of section 6508 of the education
law, as amended by chapter 866 of the laws of 1980, is amended to read
as follows:
a. The membership of the professional licensing boards created under
sections [sixty-five hundred twenty-three,] sixty-eight hundred four,
sixty-nine hundred three, [and] seventy-four hundred three of this chap-
ter AND SECTION THIRTY-SEVEN HUNDRED FIFTY-THREE OF THE PUBLIC HEALTH
LAW shall be increased by two members, and each such board shall have at
S. 3007--A 121 A. 3007--A
least two public representatives, who shall be selected by the board of
regents from the general public.
§ 56. Paragraph (a) of subdivision 2 of section 259-s of the executive
law, as amended by chapter 322 of the laws of 2021, is amended to read
as follows:
(a) The commissioner, on the commissioner's own initiative or at the
request of an incarcerated individual, or an incarcerated individual's
spouse, relative or attorney, may, in the exercise of the commissioner's
discretion, direct that an investigation be undertaken to determine
whether a diagnosis should be made of an incarcerated individual who
appears to be suffering from a significant and permanent non-terminal
and incapacitating condition, disease or syndrome. Any such medical
diagnosis shall be made by a physician licensed to practice medicine in
this state pursuant to section [sixty-five] THIRTY-SEVEN hundred [twen-
ty-four] FIFTY-FOUR of the [education] PUBLIC HEALTH law. Such physician
shall either be employed by the department, shall render professional
services at the request of the department, or shall be employed by a
hospital or medical facility used by the department for the medical
treatment of incarcerated individuals. The diagnosis shall be reported
to the commissioner and shall include but shall not be limited to a
description of the condition, disease or syndrome suffered by the incar-
cerated individual, a prognosis concerning the likelihood that the
incarcerated individual will not recover from such condition, disease or
syndrome, a description of the incarcerated individual's physical or
cognitive incapacity which shall include a prediction respecting the
likely duration of the incapacity, and a statement by the physician of
whether the incarcerated individual is so debilitated or incapacitated
as to be severely restricted in [his or her] THEIR ability to self-ambu-
late or to perform significant normal activities of daily living. This
report also shall include a recommendation of the type and level of
services and treatment the incarcerated individual would require if
granted medical parole and a recommendation for the types of settings in
which the services and treatment should be given.
§ 57. Paragraph (b) of subdivision 1 of section 2807-n of the public
health law, as added by section 63-f of part C of chapter 58 of the laws
of 2007, is amended to read as follows:
(b) "Palliative care certified medical school" shall mean a medical
school in the state which is an institution granting a degree of doctor
of medicine or doctor of osteopathic medicine in accordance with regu-
lations by the commissioner of education under subdivision two of
section [sixty-five] THIRTY-SEVEN hundred [twenty-four] FIFTY-FOUR of
[the education law] THIS CHAPTER, and which meets standards defined by
the commissioner [of health], after consultation with the council,
pursuant to regulations, and used to determine whether a medical school
is eligible for funding under this section.
§ 58. Subparagraph (v) of paragraph (g) of subdivision 1 of section
2803 of the public health law, as amended by chapter 618 of the laws of
2022, is amended to read as follows:
(v) a right to be informed of the name, position, and functions of any
persons, including medical students and physicians exempt from New York
state licensure pursuant to section [sixty-five] THIRTY-SEVEN hundred
[twenty-six] FIFTY-SIX of [the education law] THIS CHAPTER, who provide
face-to-face care to or direct observation of the patient;
§ 59. Subdivision 1 of section 3000-a of the public health law, as
amended by chapter 69 of the laws of 1994, is amended to read as
follows:
S. 3007--A 122 A. 3007--A
1. Except as provided in subdivision six of section six thousand six
hundred eleven, [subdivision two of section six thousand five hundred
twenty-seven,] subdivision one of section six thousand nine hundred nine
[and sections six thousand five hundred forty-seven and], SECTION six
thousand seven hundred thirty-seven of the education law AND SECTION
THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER, any person who voluntar-
ily and without expectation of monetary compensation renders first aid
or emergency treatment at the scene of an accident or other emergency
outside a hospital, doctor's office or any other place having proper and
necessary medical equipment, to a person who is unconscious, ill, or
injured, shall not be liable for damages for injuries alleged to have
been sustained by such person or for damages for the death of such
person alleged to have occurred by reason of an act or omission in the
rendering of such emergency treatment unless it is established that such
injuries were or such death was caused by gross negligence on the part
of such person. Nothing in this section shall be deemed or construed to
relieve a licensed physician, dentist, nurse, physical therapist or
registered physician's assistant from liability for damages for injuries
or death caused by an act or omission on the part of such person while
rendering professional services in the normal and ordinary course of
[his or her] SUCH PERSON'S practice.
§ 60. Subdivision 1 of section 8216 of the education law, as added by
chapter 772 of the laws of 1990, is amended to read as follows:
(1) A person who is validly registered as a "specialist's assistant-a-
cupuncture" in accordance with section [sixty-five] THIRTY-SEVEN hundred
[forty-one] FOUR of [this chapter] THE PUBLIC HEALTH LAW and the commis-
sioner's regulations shall not be subject to the provisions of this
article;
§ 61. Section 24-a of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 24-a. Actions against persons rendering health care services at the
request of the department; defense and indemnification. The provisions
of section seventeen of the public officers law shall apply to any
person holding a license to practice a profession pursuant to article
[one hundred thirty-one, one hundred thirty-one-B,] one hundred thirty-
two, one hundred thirty-three, one hundred thirty-six, one hundred thir-
ty-seven, one hundred thirty-nine, one hundred forty-one, one hundred
forty-three, one hundred fifty-six or one hundred fifty-nine of the
education law OR ARTICLE THIRTY-SEVEN OR THIRTY-SEVEN-B OF THE PUBLIC
HEALTH LAW, who is rendering or has rendered professional services
authorized under such license while acting at the request of the depart-
ment or a facility of the department in providing health care and treat-
ment or professional consultation to incarcerated individuals of state
correctional facilities, or to the infant children of incarcerated indi-
viduals while such infants are cared for in facility nurseries pursuant
to section six hundred eleven of this chapter, without regard to whether
such health care and treatment or professional consultation is provided
within or without a correctional facility.
§ 62. Section 910 of the education law, as amended by chapter 477 of
the laws of 2004, is amended to read as follows:
§ 910. Choice of method of treatment. Whenever affected by the
requirements of this article, the school employee so affected, and, in
the case of a child, the parent of, or person in parental relation to,
such child, shall have the right to determine the form or manner of
treatment or remedial care to be prescribed or applied, but the treat-
ment or remedial care must be in accordance with and as allowed under
S. 3007--A 123 A. 3007--A
the provisions of article [one hundred thirty-one] THIRTY-SEVEN-B of
[this chapter] THE PUBLIC HEALTH LAW.
§ 63. Subdivision 1 of section 6502-a of the education law, as added
by chapter 702 of the laws of 2021, is amended to read as follows:
1. This section shall apply to healthcare professionals licensed,
certified, registered or authorized pursuant to this title other than
those licensed or registered pursuant to article [one hundred thirty-
one] THIRTY-SEVEN-B of [this title] THE PUBLIC HEALTH LAW.
§ 64. Subparagraph (ii) of paragraph a and paragraph d of subdivision
1 of section 6503-a of the education law, as added by chapter 130 of the
laws of 2010, are amended to read as follows:
(ii) services constituting the provision of psychotherapy as defined
in subdivision two of section eighty-four hundred one of this title and
authorized and provided under article [one hundred thirty-one,] THIRTY-
SEVEN-B OF THE PUBLIC HEALTH LAW OR ARTICLE one hundred thirty-nine, or
one hundred fifty-three of this title.
d. Such waiver shall provide that services rendered pursuant to this
section, directly or indirectly, shall be provided only by a person
appropriately licensed to provide such services pursuant to article [one
hundred thirty-one,] THIRTY-SEVEN-B OF THE PUBLIC HEALTH LAW OR ARTICLE
one hundred thirty-nine, one hundred fifty-three, one hundred fifty-
four, or one hundred sixty-three of this title, or by a person otherwise
authorized to provide such services under such articles, or by a profes-
sional entity authorized by law to provide such services.
§ 65. Subdivision 1 of section 6510-b of the education law, as added
by chapter 607 of the laws of 1985, is amended to read as follows:
1. The license and registration of a licensee who may be temporarily
incapacitated for the active practice of a profession licensed pursuant
to title eight of this chapter, [except professionals licensed pursuant
to article one hundred thirty-one or article one hundred thirty-one-b
thereof,] and whose alleged incapacity is the result of a problem of
drug or alcohol abuse which has not resulted in harm to a patient or
client, may be voluntarily surrendered to the department, which may
accept and hold such license during the period of such alleged incapaci-
ty or the department may accept the surrender of such license after
agreement to conditions to be met prior to the restoration of the
license. The department shall give written notification of such surren-
der to the licensing authorities of any other state or country in which
the licensee is authorized to practice. In addition to the foregoing,
the department shall also give written notification of such surrender,
for professionals licensed pursuant to articles one hundred thirty-two,
one hundred thirty-three, one hundred thirty-five, one hundred thirty-
seven, one hundred thirty-nine and one hundred forty-one of this chapter
to the commissioner of health or [his] SUCH COMMISSIONER'S designee, and
where appropriate to each hospital at which the professional has privi-
leges, is affiliated, or is employed. The licensee whose license is so
surrendered shall notify all persons who request professional services
that [he or she has] THEY HAVE temporarily withdrawn from the practice
of the profession. The department may provide for similar notification
of patients or clients and of other interested parties, as appropriate
under the circumstances of the professional practice and responsibil-
ities of the licensee. The licensure status of such licensee shall be
"inactive" and [he or she] SUCH LICENSEE shall not be authorized to
practice the profession and shall refrain from practice in this state or
in any other state or country. The voluntary surrender shall not be
deemed to be an admission of disability or of professional misconduct,
S. 3007--A 124 A. 3007--A
and shall not be used as evidence of a violation of subdivision three or
four of section sixty-five hundred nine of this chapter, unless the
licensee practices while the license is "inactive"; and any such prac-
tice shall constitute a violation of subdivision eight of said section.
The surrender of a license under this subdivision shall not bar any
disciplinary action except action based solely upon the provisions of
subdivision three or four of section sixty-five hundred nine of this
chapter, and only if no harm to a patient has resulted; and shall not
bar any civil or criminal action or proceeding which might be brought
without regard to such surrender. A surrendered license shall be
restored upon a showing to the satisfaction of the department that the
licensee is not incapacitated for the active practice of the profession,
provided that the department may, by order of the commissioner, impose
reasonable conditions on the licensee, if it determines that because of
the nature and extent of the licensee's former incapacity, such condi-
tions are necessary to protect the health, safety and welfare of the
public. Prompt written notification of such restoration shall be given
to all licensing bodies which were notified of the temporary surrender
of the license.
§ 66. The opening paragraph and subdivision 2 of section 7010 of the
education law, as added by chapter 438 of the laws of 2012, are amended
to read as follows:
1. A limited permit to perform podiatric standard ankle surgery, as
described in subdivision two of section seven thousand one of this arti-
cle, may be issued by the department to a podiatrist who is licensed
pursuant to this article and who has met the residency and board
qualification/certification requirements set forth in subdivision one of
section seven thousand nine of this article in order to authorize such
podiatrist to obtain the training and experience required for the issu-
ance of a podiatric standard ankle surgery privilege pursuant to subdi-
vision one of section seven thousand nine of this article. Such permits
shall authorize the performance of podiatric standard ankle surgery only
under the direct personal supervision of a licensed podiatrist holding a
podiatric standard ankle surgery privilege or a podiatric advanced ankle
surgery privilege issued pursuant to section seven thousand nine of this
article or of a physician licensed pursuant to article [one hundred
thirty-one] THIRTY-SEVEN-B of [this title] THE PUBLIC HEALTH LAW and
certified in orthopedic surgery by a national certifying board having
certification standards acceptable to the department.
2. A limited permit to perform podiatric advanced ankle surgery, as
described in subdivision two of section seven thousand one of this arti-
cle, may be issued by the department to a podiatrist who is licensed
pursuant to this article and who has met the residency and board certif-
ication requirements set forth in subdivision two of section seven thou-
sand nine of this article in order to authorize such podiatrist to
obtain the training and experience required for the issuance of a podia-
tric advanced ankle surgery privilege pursuant to subdivision two of
section seven thousand nine of this article. Such permits shall author-
ize the performance of podiatric advanced ankle surgery only under the
direct personal supervision of a licensed podiatrist holding a podiatric
advanced ankle surgery privilege issued pursuant to subdivision two of
section seven thousand nine of this article or of a physician licensed
pursuant to article [one hundred thirty-one] THIRTY-SEVEN-B of [this
title] THE PUBLIC HEALTH LAW and certified in orthopedic surgery by a
national certifying board having certification standards acceptable to
the department.
S. 3007--A 125 A. 3007--A
§ 67. Subdivision 3 and subparagraph (i) of paragraph (c) of subdivi-
sion 10 of section 7605 of the education law, subdivision 3 as added by
chapter 676 of the laws of 2002 and subparagraph (i) of paragraph (c) of
subdivision 10 as amended by section 2 of part Y of chapter 57 of the
laws of 2018, are amended to read as follows:
3. The practice, conduct, activities or services by any person
licensed or otherwise authorized to practice medicine within the state
pursuant to article [one hundred thirty-one] THIRTY-SEVEN-B of [this
title] THE PUBLIC HEALTH LAW or by any person registered to perform
services as a physician assistant within the state pursuant to article
[one hundred thirty-one-B] THIRTY-SEVEN of [this title] THE PUBLIC
HEALTH LAW.
(i) A person without a license from participating as a member of a
multi-disciplinary team to assist in the development of or implementa-
tion of a behavioral health services or treatment plan; provided that
such team shall include one or more professionals licensed under this
article [or], articles [one hundred thirty-one,] one hundred thirty-
nine, one hundred fifty-four or one hundred sixty-three of this chapter
OR ARTICLE THIRTY-SEVEN-B OF THE PUBLIC HEALTH LAW; and provided,
further, that the activities performed by members of the team shall be
consistent with the scope of practice for each team member licensed or
authorized under title VIII of this chapter, and those who are not so
authorized may not engage in the following restricted practices: the
diagnosis of mental, emotional, behavioral, addictive and developmental
disorders and disabilities; patient assessment and evaluating; the
provision of psychotherapeutic treatment; the provision of treatment
other than psychotherapeutic treatment; or independently developing and
implementing assessment-based treatment plans as defined in section
seventy-seven hundred one of this title.
§ 68. Subdivision 1 and subparagraph (i) of paragraph (c) of subdivi-
sion 7 of section 7706 of the education law, subdivision 1 as amended by
chapter 554 of the laws of 2013 and subparagraph (i) of paragraph (c) of
subdivision 7 as amended by section 4 of part Y of chapter 57 of the
laws of 2018, are amended to read as follows:
1. Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article [one hundred thirty-one] THIR-
TY-SEVEN-B of [this title] THE PUBLIC HEALTH LAW or by any person regis-
tered to perform services as a physician assistant within the state
pursuant to article [one hundred thirty-one-B] THIRTY-SEVEN of [this
title] THE PUBLIC HEALTH LAW or by any person licensed or otherwise
authorized to practice psychology within this state pursuant to article
one hundred fifty-three of this title or by any person licensed or
otherwise authorized to practice nursing as a registered professional
nurse or nurse practitioner within this state pursuant to article one
hundred thirty-nine of this title or by any person licensed or otherwise
authorized to practice occupational therapy within this state pursuant
to article one hundred fifty-six of this title or by any person licensed
or otherwise authorized to practice mental health counseling, marriage
and family therapy, creative arts therapy, or psychoanalysis within the
state pursuant to article one hundred sixty-three of this title or by
any person licensed or otherwise authorized to practice applied behavior
analysis within the state pursuant to article one hundred sixty-seven of
this title; provided, however, that no physician, physician assistant,
registered professional nurse, nurse practitioner, psychologist, occupa-
tional therapist, licensed mental health counselor, licensed marriage
S. 3007--A 126 A. 3007--A
and family therapist, licensed creative arts therapist, licensed psycho-
analyst, licensed behavior analyst or certified behavior analyst assist-
ant may use the titles "licensed clinical social worker" or "licensed
master social worker", unless licensed under this article.
(i) Prevent a person without a license from participating as a member
of a multi-disciplinary team to assist in the development of or imple-
mentation of a behavioral health services or treatment plan; provided
that such team shall include one or more professionals licensed under
this article [or], articles [one hundred thirty-one,] one hundred thir-
ty-nine, one hundred fifty-three or one hundred sixty-three of this
chapter OR ARTICLE THIRTY-SEVEN-B OF THE PUBLIC HEALTH LAW; and
provided, further, that the activities performed by members of the team
shall be consistent with the scope of practice for each team member
licensed or authorized under title VIII of this chapter, and those who
are not so authorized may not engage in the following restricted prac-
tices: the diagnosis of mental, emotional, behavioral, addictive and
developmental disorders and disabilities; patient assessment and evalu-
ating; the provision of psychotherapeutic treatment; the provision of
treatment other than psychotherapeutic treatment; or independently
developing and implementing assessment-based treatment plans as defined
in section seventy-seven hundred one of this article.
§ 69. Subdivision 1 of section 7906 of the education law, as amended
by chapter 460 of the laws of 2011, is amended to read as follows:
(1) A licensed physician from practicing [his or her] THEIR profession
as defined under article [one hundred thirty-one] THIRTY-SEVEN-B and
article [one hundred thirty-one-B] THIRTY-SEVEN of [this title] THE
PUBLIC HEALTH LAW.
§ 70. Subdivision 1 and subparagraph (i) of paragraph (c) of subdivi-
sion 8 of section 8410 of the education law, subdivision 1 as amended by
chapter 554 of the laws of 2013 and subparagraph (i) of paragraph (c) of
subdivision 8 as amended by section 5 of part Y of chapter 57 of the
laws of 2018, are amended to read as follows:
1. Apply to the practice, conduct, activities, services or use of any
title by any person licensed or otherwise authorized to practice medi-
cine within the state pursuant to article [one hundred thirty-one] THIR-
TY-SEVEN-B of [this title] THE PUBLIC HEALTH LAW or by any person regis-
tered to perform services as a physician assistant within the state
pursuant to article [one hundred thirty-one-B] THIRTY-SEVEN of [this
title] THE PUBLIC HEALTH LAW or by any person licensed or otherwise
authorized to practice psychology within this state pursuant to article
one hundred fifty-three of this title or by any person licensed or
otherwise authorized to practice social work within this state pursuant
to article one hundred fifty-four of this title, or by any person
licensed or otherwise authorized to practice nursing as a registered
professional nurse or nurse practitioner within this state pursuant to
article one hundred thirty-nine of this title or by any person licensed
or otherwise authorized to practice applied behavior analysis within the
state pursuant to article one hundred sixty-seven of this title;
provided, however, that no physician, physician's assistant, registered
professional nurse, nurse practitioner, psychologist, licensed master
social worker, licensed clinical social worker, licensed behavior
analyst or certified behavior analyst assistant may use the titles
"licensed mental health counselor", "licensed marriage and family thera-
pist", "licensed creative arts therapist", or "licensed psychoanalyst",
unless licensed under this article.
S. 3007--A 127 A. 3007--A
(i) Prevent a person without a license from participating as a member
of a multi-disciplinary team to assist in the development of or imple-
mentation of a behavioral health services or treatment plan; provided
that such team shall include one or more professionals licensed under
this article [or], articles one hundred thirty-one, one hundred thirty-
nine, one hundred fifty-three or one hundred fifty-four of this chapter
OR ARTICLE THIRTY-SEVEN-B OF THE PUBLIC HEALTH LAW; and provided,
further, that the activities performed by members of the team shall be
consistent with the scope of practice for each team member licensed or
authorized under title VIII of this chapter, and those who are not so
authorized may not engage in the following restricted practices: the
diagnosis of mental, emotional, behavioral, addictive and developmental
disorders and disabilities; patient assessment and evaluating; the
provision of psychotherapeutic treatment; the provision of treatment
other than psychotherapeutic treatment; or independently developing and
implementing assessment-based treatment plans as defined in section
seventy-seven hundred one of this chapter.
§ 71. Subdivision 1 of section 8609 of the education law, as amended
by chapter 446 of the laws of 2022, is amended to read as follows:
1. the practice, conduct, activities, or services by any person
licensed or otherwise authorized to practice medicine within the state
pursuant to article [one hundred thirty-one-B] THIRTY-SEVEN-B of [this
title] THE PUBLIC HEALTH LAW, or by any person registered to perform
services as a physician assistant or specialist assistant within the
state pursuant to article [one hundred thirty-one-B] THIRTY-SEVEN of
[this title] THE PUBLIC HEALTH LAW, or by any person licensed to prac-
tice dentistry within the state pursuant to article one hundred thirty-
three of this title, or by any person licensed to practice podiatry
within the state pursuant to article one hundred forty-one of this
title, or by any person certified as a nurse practitioner within the
state pursuant to article one hundred thirty-nine of this title, or by
any person licensed to perform services as a respiratory therapist or
respiratory therapy technician under article one hundred sixty-four of
this title, or any person licensed to practice midwifery within the
state pursuant to article one hundred forty of this title, or a person
licensed to practice nursing pursuant to article one hundred thirty-nine
of this title, or a person licensed to practice pursuant to article
thirty-five of the public health law; provided, however, that no such
person shall use the titles licensed clinical laboratory technologist,
licensed cytotechnologist, licensed histotechnologist, certified clin-
ical laboratory technician, or certified histotechnician, unless
licensed or certified under this article; or
§ 72. Subdivision 3 of section 8850 of the education law, as added by
chapter 497 of the laws of 2016, is amended to read as follows:
3. The term "physician" means a practitioner of medicine licensed to
practice medicine pursuant to article [one hundred thirty-one]
THIRTY-SEVEN-B of [this title] THE PUBLIC HEALTH LAW.
§ 73. Section 522 of the executive law, as added by chapter 552 of the
laws of 1993, is amended to read as follows:
§ 522. Actions against persons rendering health care services at the
request of the division; defense and indemnification. The provisions of
section seventeen of the public officers law shall apply to any person
holding a license to practice a profession pursuant to article [one
hundred thirty-one, one hundred thirty-one-B,] one hundred thirty-two,
one hundred thirty-three, one hundred thirty-six, one hundred thirty-
seven, one hundred thirty-nine, one hundred forty-one, one hundred
S. 3007--A 128 A. 3007--A
forty-three, one hundred fifty-six or one hundred fifty-nine of the
education law AND ARTICLE THIRTY-SEVEN AND THIRTY-SEVEN-B OF THE PUBLIC
HEALTH LAW, who is rendering or has rendered professional services
authorized under such license while acting at the request of the divi-
sion or a facility of the division in providing health care and treat-
ment or professional consultation to residents of division facilities,
or to infants of residents while such infants are cared for in division
facilities pursuant to section five hundred sixteen of this article,
without regard to whether such health care and treatment or professional
consultation is provided within or without a division facility.
§ 74. Subdivision 9 of section 789 of the general business law, as
added by chapter 599 of the laws of 1998, is amended to read as follows:
9. "Otolaryngologist" means a physician licensed under article [one
hundred thirty-one] THIRTY-SEVEN-B of the [education] PUBLIC HEALTH law,
who practices that branch of medicine which treats diseases of the ear,
nose and throat.
§ 75. Paragraph 4 of subdivision (a) of section 33.16 of the mental
hygiene law, as amended by chapter 226 of the laws of 1991, is amended
to read as follows:
4. "Mental health practitioner" or "practitioner" means a person
employed by or rendering a service at a facility maintaining the clin-
ical record licensed under article [one hundred thirty-one] THIRTY-SEV-
EN-B of the [education] PUBLIC HEALTH law who practices psychiatry or a
person licensed under article one hundred thirty-nine, one hundred
fifty-three or one hundred fifty-four of the education law or any other
person not prohibited by law from providing mental health or develop-
mental disabilities services.
§ 76. Section 14 of the public health law, as amended by chapter 2 of
the laws of 1998, is amended to read as follows:
§ 14. Actions against persons rendering professional services at the
request of the department; defense and indemnification. The provisions
of section seventeen of the public officers law shall apply to any
physician, dentist, nurse or other health care professional who: (i) is
licensed to practice pursuant to article [one hundred thirty-one, one
hundred thirty-one-B,] one hundred thirty-three, one hundred thirty-six,
one hundred thirty-seven, one hundred thirty-nine, one hundred forty-
three, one hundred fifty-six, one hundred fifty-seven, one hundred
fifty-nine or one hundred sixty-four of the education law OR ARTICLE
THIRTY-SEVEN OR THIRTY-SEVEN-B OF THIS CHAPTER and who is rendering
professional treatment or consultation in connection with professional
treatment authorized under such license at the request of the depart-
ment, or at a departmental facility, including clinical practice
provided pursuant to a clinical practice plan established pursuant to
subdivision fourteen of section two hundred six of this chapter, to
patients receiving care or professional consultation from the department
while rendering such professional treatment or consultation; (ii) is
rendering consultation in connection with an audit or prepayment review
of claims or treatment requests under the medical assistance program; or
(iii) assists the department as consultants or expert witnesses in the
investigation or prosecution of alleged violations of article twenty-
eight, thirty-six, forty-four or forty-seven of this chapter or rules
and regulations adopted pursuant thereto.
§ 77. Paragraph (d) of subdivision 1 of section 18 of the public
health law, as added by chapter 497 of the laws of 1986, is amended to
read as follows:
S. 3007--A 129 A. 3007--A
(d) "Health care practitioner" or "practitioner" means a person
licensed under article [one hundred thirty-one, one hundred
thirty-one-B,] one hundred thirty-two, one hundred thirty-three, one
hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one
hundred forty-three, one hundred forty-four, one hundred fifty-three,
one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
of the education law, OR ARTICLE THIRTY-SEVEN OR THIRTY-SEVEN-B OF THIS
CHAPTER or a person certified under section twenty-five hundred sixty of
this chapter.
§ 78. The opening paragraph of subdivision 1 of section 19 of the
public health law, as added by chapter 572 of the laws of 1990, is
amended to read as follows:
No physician licensed under article [one hundred thirty-one]
THIRTY-SEVEN-B of [the education law] THIS CHAPTER shall charge from a
beneficiary of health insurance under title XVIII of the federal social
security act (medicare) any amount in excess of the following limita-
tions:
§ 79. Paragraph (i) of subdivision 1 and subdivision 5 of section
230-d of the public health law, paragraph (i) of subdivision 1 as
amended by chapter 438 of the laws of 2012 and subdivision 5 as added by
chapter 365 of the laws of 2007, are amended to read as follows:
(i) "Licensee" shall mean an individual licensed or otherwise author-
ized under article [one hundred thirty-one, one hundred thirty-one-B,]
THIRTY-SEVEN OR THIRTY-SEVEN-B OF THIS CHAPTER OR individuals who have
obtained an issuance of a privilege to perform podiatric standard or
advanced ankle surgery pursuant to subdivisions one and two of section
seven thousand nine of the education law.
5. The commissioner shall make, adopt, promulgate and enforce such
rules and regulations, as [he or she] SUCH COMMISSIONER may deem appro-
priate, to effectuate the purposes of this section. Where any rule or
regulation under this section would affect the scope of practice of a
health care practitioner licensed, registered or certified under title
eight of the education law [other than those licensed under articles one
hundred thirty-one or one hundred thirty-one-B of the education law],
the rule or regulation shall be made with the concurrence of the commis-
sioner of education.
§ 80. Subdivision 1 of section 462 of the public health law, as added
by chapter 562 of the laws of 2001, is amended to read as follows:
1. This article shall not apply to or affect a physician duly licensed
under article [one hundred thirty-one] THIRTY-SEVEN-B of [the education
law] THIS CHAPTER or x-ray technicians.
§ 81. Subdivision 2 of section 470 of the public health law, as added
by chapter 514 of the laws of 2004, is amended to read as follows:
2. No person shall perform a tongue-splitting on another person,
unless the person performing such tongue-splitting is licensed to prac-
tice medicine pursuant to article [one hundred thirty-one] THIRTY-SEV-
EN-B of [the education law] THIS CHAPTER or licensed to practice dentis-
try pursuant to article one hundred thirty-three of the education law.
§ 82. Section 2509-c of the public health law, as added by section 5
of subpart A of part JJ of chapter 56 of the laws of 2021, is amended to
read as follows:
§ 2509-c. Availability of adverse childhood experiences services.
Every pediatrics health care provider licensed pursuant to article [one
hundred thirty-one] THIRTY-SEVEN-B of [the education law] THIS CHAPTER
shall be required to provide the parent, guardian, custodian or other
authorized individual of a child that the pediatrician sees in their
S. 3007--A 130 A. 3007--A
official capacity, with educational materials developed pursuant to
subdivision two of section three hundred seventy-c of the social
services law. Such materials may be provided electronically and shall be
used to inform and educate them about adverse childhood experiences, the
importance of protective factors and the availability of services for
children at risk for or experiencing adverse childhood experiences.
§ 83. Subdivision 17 of section 2511 of the public health law, as
added by chapter 2 of the laws of 1998, is amended to read as follows:
17. The commissioner, in consultation with the superintendent, is
authorized to establish and operate a child health information service
which shall utilize advanced telecommunications technologies to meet the
health information and support needs of children, parents and medical
professionals, which shall include, but not be limited to, treatment
guidelines for children, treatment protocols, research articles and
standards for the care of children from birth through eighteen years of
age. Such information shall not constitute the practice of medicine, as
defined in article [one hundred thirty-one] THIRTY-SEVEN-B of [the
education law] THIS CHAPTER.
§ 84. Paragraph (b) of subdivision 1 of section 2805-u of the public
health law, as added by chapter 390 of the laws of 2012, is amended to
read as follows:
(b) "Health care practitioner" shall mean a person licensed pursuant
to article [one hundred thirty-one, one hundred thirty-one-B,] one
hundred thirty-three, one hundred thirty-nine, one hundred forty, one
hundred forty-one, one hundred forty-three, one hundred forty-four, one
hundred fifty-three, one hundred fifty-four or one hundred fifty-nine of
the education law, ARTICLE THIRTY-SEVEN OR THIRTY-SEVEN-B OF THIS CHAP-
TER, or as otherwise authorized by the commissioner.
§ 85. Subdivision 3 of section 2998-e of the public health law, as
added by chapter 365 of the laws of 2007, is amended to read as follows:
3. The commissioner shall make, adopt, promulgate and enforce such
rules and regulations, as [he or she] SUCH COMMISSIONER may deem appro-
priate, to effectuate the purposes of this section. Where any rule or
regulation under this section would affect the scope of practice of a
health care practitioner licensed, registered or certified under title
eight of the education law [other than those licensed under articles one
hundred thirty-one or one hundred thirty-one-B of the education law],
the rule or regulation shall be made with the concurrence of the commis-
sioner of education.
§ 86. Paragraphs (a) and (b) of subdivision 2 and subdivision 7 of
section 2999-cc of the public health law, paragraphs (a) and (b) of
subdivision 2 as amended by chapter 454 of the laws of 2015, and subdi-
vision 7 as amended by section 3 of subpart C of part S of chapter 57 of
the laws of 2018, are amended to read as follows:
(a) a physician licensed pursuant to article [one hundred thirty-one]
THIRTY-SEVEN-B of [the education law] THIS CHAPTER;
(b) a physician assistant licensed pursuant to article [one hundred
thirty-one-B] THIRTY-SEVEN of [the education law] THIS CHAPTER;
7. "Remote patient monitoring" means the use of synchronous or asyn-
chronous electronic information and communication technologies to
collect personal health information and medical data from a patient at
an originating site that is transmitted to a telehealth provider at a
distant site for use in the treatment and management of medical condi-
tions that require frequent monitoring. Such technologies may include
additional interaction triggered by previous transmissions, such as
interactive queries conducted through communication technologies or by
S. 3007--A 131 A. 3007--A
telephone. Such conditions shall include, but not be limited to, conges-
tive heart failure, diabetes, chronic obstructive pulmonary disease,
wound care, polypharmacy, mental or behavioral problems, and technolo-
gy-dependent care such as continuous oxygen, ventilator care, total
parenteral nutrition or enteral feeding. Remote patient monitoring shall
be ordered by a physician licensed pursuant to article [one hundred
thirty-one] THIRTY-SEVEN-B of [the education law] THIS CHAPTER, a nurse
practitioner licensed pursuant to article one hundred thirty-nine of the
education law, or a midwife licensed pursuant to article one hundred
forty of the education law, with which the patient has a substantial and
ongoing relationship.
§ 87. Subdivision 4 of section 3383 of the public health law, as added
by chapter 494 of the laws of 1982, is amended to read as follows:
4. No liability shall be imposed by virtue of this section on any
person licensed pursuant to article [one hundred thirty-one] THIRTY-SEV-
EN-B of [the education law] THIS CHAPTER or licensed under this article
who manufactures, distributed, sells, prescribes, dispenses or possesses
an imitation controlled substance for use as a placebo or for use in
clinical research conducted pursuant to the federal food, drug and
cosmetic act.
§ 88. Paragraph (b) of subdivision 1 of section 4405-b of the public
health law, as amended by chapter 542 of the laws of 2000, is amended to
read as follows:
(b) An organization shall make a report to be made to the appropriate
professional disciplinary agency within thirty days of obtaining know-
ledge of any information that reasonably appears to show that a health
professional is guilty of professional misconduct as defined in article
[one hundred thirty or one hundred thirty-one-A] THIRTY-SEVEN-B OR TITLE
TWO-A OF ARTICLE TWO of [the education law] THIS CHAPTER. A violation
of this subdivision shall not be subject to the provisions of section
twelve-b of this chapter.
§ 89. Subdivision 2 of section 4702 of the public health law, as
amended by chapter 805 of the laws of 1984, is amended to read as
follows:
2. "Shared health facility" or "facility" means any arrangement where-
in four or more practitioners licensed under the provisions of article
[one hundred thirty-one, one hundred thirty-one-a,] one hundred thirty-
two, one hundred thirty-three, one hundred thirty-seven, one hundred
thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
forty-four, one hundred fifty-six or one hundred fifty-nine of the
education law OR ARTICLE THIRTY-SEVEN-B OR TITLE TWO-A OF ARTICLE TWO OF
THIS CHAPTER, one or more of whom receives payment under the program and
whose total aggregate monthly remuneration from such program is in
excess of five thousand dollars for any one month during the preceding
twelve months, (a) practice their professions at a common physical
location; and (b) share (i) common waiting areas, examining rooms,
treatment rooms or other space, or (ii) the services of supporting
staff, or (iii) equipment; and (c) a person, whether such person is a
practitioner or not, is in charge of, controls, manages or supervises
substantial aspects of the arrangement or operation for the delivery of
health or medical services at said common physical location, other than
the direct furnishing of professional services by the practitioners to
their patients, or a person makes available to the practitioners the
services of supporting staff who are not employees of the practitioners.
"Shared health facility" does not mean or include practitioners practic-
ing their profession as a partnership provided that members of the
S. 3007--A 132 A. 3007--A
supporting staff are employees of such legal entity and if there is an
office manager, or person with similar title, [he is] THEY ARE an
employee of the legal entity whose compensation is customary and not
excessive for such services and there is no person described in para-
graph (c) of this subdivision. "Shared health facility" does not mean or
include any entity organized pursuant to the provisions of article twen-
ty-eight of this chapter or operating under a certificate issued pursu-
ant to the provisions of article thirteen of the mental hygiene law; nor
shall it mean or include a facility wherein ambulatory medical services
are provided by an organized group of physicians pursuant to an arrange-
ment between such group and a health services corporation operating
under article forty-three of the insurance law or a health maintenance
organization operating under article forty-four of the public health
law, and where the health services corporation or the health maintenance
organization is reimbursed on a prepaid capitation basis for the
provision of health care services under New York state's medical assist-
ance program.
§ 90. Subdivision 12 of section 130.00 of the penal law, as added by
chapter 1 of the laws of 2000, is amended to read as follows:
12. "Health care provider" means any person who is, or is required to
be, licensed or registered or holds [himself or herself] THEMSELF out to
be licensed or registered, or provides services as if [he or she] THEY
were licensed or registered in the profession of medicine, chiropractic,
dentistry or podiatry under any of the following: article [one hundred
thirty-one,] one hundred thirty-two, one hundred thirty-three, or one
hundred forty-one of the education law OR ARTICLE THIRTY-SEVEN-B OF THE
PUBLIC HEALTH LAW.
§ 91. Subparagraph (iv) of paragraph (a) of subdivision 5 of section
1750-b of the surrogate's court procedure act, as amended by chapter 198
of the laws of 2016, is amended to read as follows:
(iv) any other health care practitioner providing services to the
person who is intellectually disabled, who is licensed pursuant to arti-
cle [one hundred thirty-one, one hundred thirty-one-B,] one hundred
thirty-two, one hundred thirty-three, one hundred thirty-six, one
hundred thirty-nine, one hundred forty-one, one hundred forty-three, one
hundred forty-four, one hundred fifty-three, one hundred fifty-four, one
hundred fifty-six, one hundred fifty-nine or one hundred sixty-four of
the education law OR ARTICLE THIRTY-SEVEN OR THIRTY-SEVEN-B OF THE
PUBLIC HEALTH LAW; or
§ 92. Subdivision 22 of section 201 of the workers' compensation law,
as added by section 2 of part SS of chapter 54 of the laws of 2016, is
amended to read as follows:
22. "Health care provider" shall mean for the purpose of family leave,
a person licensed under article [one hundred thirty-one, one hundred
thirty-one-B,] one hundred thirty-two, one hundred thirty-three, one
hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one
hundred forty-three, one hundred forty-four, one hundred fifty-three,
one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine
of the education law or a person licensed under ARTICLE THIRTY-SEVEN OR
THIRTY-SEVEN-B OF the public health law, article one hundred forty of
the education law or article one hundred sixty-three of the education
law.
§ 93. Subdivision b of section 17-357 of the administrative code of
the city of New York, as added by local law number 12 of the city of New
York for the year 1997, is amended to read as follows:
S. 3007--A 133 A. 3007--A
b. The provisions of this subchapter shall not apply to a physician
licensed under article [one hundred thirty-one] THIRTY-SEVEN-B of the
New York state [education] PUBLIC HEALTH law.
§ 94. Subdivision e of section 20-815 of the administrative code of
the city of New York, as added by local law number 17 of the city of New
York for the year 2011, is amended to read as follows:
e. "Licensed medical provider" shall mean a person licensed or other-
wise authorized under the provisions of articles [one hundred thirty-
one, one hundred thirty-one-a, one hundred thirty-one-b,] one hundred
thirty-nine or one hundred forty of the education law of New York OR
ARTICLE THIRTY-SEVEN, THIRTY-SEVEN-B, OR TITLE TWO-A OF ARTICLE TWO OF
THE PUBLIC HEALTH LAW OF NEW YORK, to provide medical services.
§ 95. Subparagraph (xvi) of paragraph (d) of subdivision 1 of section
160.57 of the criminal procedure law, as added by chapter 631 of the
laws of 2023, is amended to read as follows:
(xvi) the state education department for the purposes of investigating
professional misconduct as defined in subparagraph (i) of paragraph (a)
of subdivision five of section sixty-five hundred nine of the education
law, consideration of restoration of a professional license pursuant to
section sixty-five hundred eleven of the education law, or determi-
nations for issuing a license to practice a profession or issuing
certificates and privileges for which prior licensure is required, for
the professions under articles [one hundred thirty-one, one hundred
thirty-one-b,] one hundred thirty-two, one hundred thirty-three, one
hundred thirty-four, one hundred thirty-five, one hundred thirty-six,
one hundred thirty-seven, one hundred thirty-nine, one hundred forty,
one hundred forty-one, one hundred forty-three, one hundred forty-four,
one hundred forty-five, one hundred forty-seven, one hundred forty-nine,
one hundred fifty-three, one hundred fifty-four, one hundred fifty-five,
one hundred fifty-six, one hundred fifty-seven, one hundred fifty-nine,
one hundred sixty, one hundred sixty-two, one hundred sixty-three, one
hundred sixty-four, and one hundred sixty-seven as such professions are
defined in title eight of the education law, provided that the state
education department certifies to the division of criminal justice
services that it is investigating an individual licensed to practice a
profession pursuant to article one hundred thirty of the education law
for professional misconduct as defined in paragraph (a) of subdivision
five of section sixty-five hundred nine of the education law, consider-
ing restoration of a professional license pursuant to section sixty-five
hundred eleven of the education law, or making a determination for issu-
ing a license to practice a profession or issuing certificates and priv-
ileges for which prior licensure is required as appropriate. Provided,
further, that the board of regents may consider any prior conviction
that formed the basis of a determination of the board of regents in a
disciplinary proceeding pursuant to section sixty-five hundred ten of
the education law and the rules and regulations promulgated pursuant
thereto in an application for reconsideration, even if such conviction
later becomes sealed pursuant to this section; and
§ 96. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of any func-
tions from the state education department to the department of health
for the administration, regulation, and control of professional entities
established under the business corporation law, the limited liability
company law or the partnership law for the provision of medical
services, employees performing those functions shall be transferred to
the department of health pursuant to subdivision 2 of section 70 of the
S. 3007--A 134 A. 3007--A
civil service law. Employees transferred pursuant to this section shall
be transferred without further examination or qualification and shall
retain their respective civil service classifications, status and
collective bargaining unit designations and collective bargaining agree-
ments.
§ 97. Transfer of functions, powers, duties and obligations. Notwith-
standing any inconsistent provisions of law to the contrary, effective
January 1, 2026, all functions, powers, duties and obligations of the
education department concerning the professions of medicine, physicians,
physician assistants, and specialist assistants under title 8 of the
education law shall be transferred to the New York state department of
health.
§ 98. Transfer of records. All books, papers and property of the state
education department with respect to the functions, powers and duties
transferred by this act are to be delivered to the appropriate offices
within the department of health, at such place and time, and in such
manner as the department of health requires.
§ 99. Continuity of authority. For the purpose of all functions,
powers, duties and obligations of the state education department trans-
ferred to and assumed by the department of health, the department of
health shall continue the operation of the provisions previously done by
the state education department, pursuant to this act.
§ 100. Completion of unfinished business. Any business or other matter
undertaken or commenced by the state education department pertaining to
or connected with the functions, powers, duties and obligations hereby
transferred and assigned to the department of health and pending on the
effective date of January 1, 2026 shall be conducted and completed by
the department of health in the same manner and under the same terms and
conditions and with the same effect as if conducted and completed by the
state education department.
§ 101. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the state education
department in force at the time of such transfer and assumption, shall
continue in force and effect as rules, regulations, acts, orders, deter-
minations and decisions of the department of health until duly modified
or abrogated by the department of health.
§ 102. Terms occurring in laws, contracts and other documents. When-
ever the state education department is referred to or designated in any
law, contract or document pertaining to the functions, powers, obli-
gations and duties hereby transferred and assigned, such reference or
designation shall be deemed to refer to department of health or the
commissioner thereof.
§ 103. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
§ 104. Pending actions or proceedings. No action or proceeding pending
at the time when this act shall take effect relating to the functions,
powers and duties of the state education department transferred pursuant
to this act, brought by or against the state education department or
board of regents shall be affected by any provision of this act, but the
same may be prosecuted or defended in the name of the commissioner of
the department of health. In all such actions and proceedings, the
commissioner of health, upon application to the court, shall be substi-
tuted as a party.
§ 105. Transfer of appropriations heretofore made to the state educa-
tion department. Upon the transfer pursuant to this act of the functions
S. 3007--A 135 A. 3007--A
and powers possessed by and of the obligations and duties of the educa-
tion department, all appropriations and reappropriations which shall
have been made available as of the date of such transfer to the educa-
tion department, or segregated pursuant to law, to the extent of remain-
ing unexpended or unencumbered balances thereof, whether allocated or
unallocated and whether obligated or unobligated, shall be transferred
to and made available for use and expenditure by the department of
health and shall be payable on vouchers certified or approved by the
commissioner of taxation and finance, on audit and warrant of the comp-
troller. Payments of liabilities for expenses of personnel services,
maintenance and operation which shall have been incurred as of the date
of such transfer by the education department, and for liabilities
incurred and to be incurred in completing its affairs, shall also be
made on vouchers certified or approved by the commissioner of education
on audit and warrant of the comptroller.
§ 106. This act shall take effect January 1, 2026, provided, however,
that paragraph (b) of subdivision 2 of section 3702 of the public health
law as added by section nine of this act shall take effect one year
after it shall have become a law; provided, further, that the amendments
to paragraph (a) of subdivision 10 of section 230 of the public health
law made by section thirty-eight of this act shall not affect the expi-
ration of such paragraph and shall be deemed to expire therewith;
provided, further, that the amendments to subdivision 4 of section
2995-a of the public health law made by section forty-two-a of this act
shall take effect on the same date and in the same manner as section 2
of chapter 572 of the laws of 2024, takes effect. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
would have been enacted even if such invalid provisions had not been
included herein.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the applicable effective dates of Subparts A through E of
this act shall be as specifically set forth in the last section of such
Subparts.
PART W
Section 1. Article 170 of the education law is renumbered article 171
and a new article 170 is added to title 8 of the education law to read
as follows:
ARTICLE 170
NURSE LICENSURE COMPACT
SECTION 8900. NURSE LICENSURE COMPACT.
8901. FINDINGS AND DECLARATION OF PURPOSE.
8902. DEFINITIONS.
8903. GENERAL PROVISIONS AND JURISDICTION.
S. 3007--A 136 A. 3007--A
8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS.
8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION.
8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
SURE COMPACT ADMINISTRATORS.
8908. RULEMAKING.
8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
8911. CONSTRUCTION AND SEVERABILITY.
§ 8900. NURSE LICENSURE COMPACT. THE NURSE LICENSE COMPACT AS SET
FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH ALL PARTY
STATES JOINING THEREIN.
§ 8901. FINDINGS AND DECLARATION OF PURPOSE 1. FINDINGS. THE PARTY
STATES FIND THAT:
A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
TO STATE NURSE LICENSURE LAWS;
B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
C. THE EXPANDED MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM
REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
E. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR BOTH NURSES AND
STATES; AND
F. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
2. DECLARATION OF PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
TO:
A. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
C. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
IN EACH JURISDICTION;
E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
ABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH THE
PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL
RECOGNITION OF PARTY STATE LICENSES;
F. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF NURSE
LICENSES; AND
G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY NURSES WHO MEET
UNIFORM LICENSURE REQUIREMENTS.
§ 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
A. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A
LICENSING BOARD OR OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH
AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
S. 3007--A 137 A. 3007--A
TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A
CEASE AND DESIST ACTION.
B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
APPROVED BY A LICENSING BOARD.
C. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED
PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN-
SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
LICENSING BOARDS.
D. "COMMISSION" MEANS THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS.
E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
TO RESPOND, IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
TION; OR
2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
F. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
LICENSING BOARD.
G. "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
STATE OF RESIDENCE.
H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
FOR ISSUING NURSE LICENSES.
I. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE AS A REGISTERED
NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN), WHICH
IS ISSUED BY A HOME STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
SURE PRIVILEGE.
J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
EITHER A RN OR A LPN/VN IN A REMOTE STATE.
K. "NURSE" MEANS RN OR LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH
PARTY STATE'S PRACTICE LAWS.
L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
N. "SINGLE-STATE LICENSE" MEANS A NURSE LICENSE ISSUED BY A PARTY
STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE AND DOES
NOT INCLUDE A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
PARTY STATE.
O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
AND THE DISTRICT OF COLUMBIA.
P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES AND REGU-
LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
"STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE
HOME STATE.
§ 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN
THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
S. 3007--A 138 A. 3007--A
TO PRACTICE AS A REGISTERED NURSE (RN) OR AS A LICENSED
PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
LEGE, IN EACH PARTY STATE.
B. A STATE SHALL IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
HISTORY RECORDS OF APPLICANTS FOR AN INITIAL MULTISTATE LICENSE OR
LICENSURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY APPLICANTS FOR
THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
C. EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE
ONLY IF THE APPLICANT:
I. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
II. (1) HAS GRADUATED OR IS ELIGIBLE TO GRADUATE FROM A LICENSING
BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
(2) HAS GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED ACCREDITING BODY
IN THE APPLICABLE COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
ICENSURE EDUCATION PROGRAM;
III. HAS, IF A GRADUATE OF A FOREIGN PRELICENSURE EDUCATION PROGRAM
NOT TAUGHT IN ENGLISH OR IF ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH PROFICIENCY EXAMINATION THAT
INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
IV. HAS SUCCESSFULLY PASSED AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
RECOGNIZED PREDECESSOR, AS APPLICABLE;
V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
VI. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL
LICENSURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC
DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
RETAINING THAT STATE'S CRIMINAL RECORDS;
VII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
AL CRIMINAL LAW;
VIII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF
NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
X. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT
PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING
STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI-
STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR
ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER
A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINIS-
TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
E. A NURSE PRACTICING IN A PARTY STATE SHALL COMPLY WITH THE STATE
PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
S. 3007--A 139 A. 3007--A
CARE BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY THE STATE
PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF THE LICENSING BOARD,
THE COURTS AND THE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS
LOCATED AT THE TIME SERVICE IS PROVIDED.
F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO
PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
A SINGLE-STATE LICENSE.
G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
I. A NURSE, WHO CHANGES PRIMARY STATE OF RESIDENCE AFTER THIS
COMPACT'S EFFECTIVE DATE, SHALL MEET ALL APPLICABLE REQUIREMENTS SET
FORTH IN THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
STATE.
II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT OCCURRING AFTER
THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE REVOKED
OR DEACTIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE
COMMISSION.
§ 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE. 1. APPLICATIONS
FOR LICENSURE IN A PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
CANT HAS EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE
LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
HAS BEEN TAKEN AGAINST ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE
HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
ING IN AN ALTERNATIVE PROGRAM.
B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
ONLY ONE PARTY STATE AT A TIME.
C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC-
TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE.
II. A MULTISTATE LICENSE SHALL NOT BE ISSUED BY THE NEW HOME STATE
UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
D. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING FROM A
PARTY STATE TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN
THE FORMER HOME STATE.
§ 8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING
BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO THE OTHER POWERS
CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
S. 3007--A 140 A. 3007--A
A. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE WITHIN THAT PARTY STATE.
I. ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION
AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
BOARD SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT
RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN
STATE LAWS TO DETERMINE APPROPRIATE ACTION.
B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
C. COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR
ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
TO THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL
PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
D. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION OF
EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE OF
THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES,
MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
E. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI-
GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
F. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED
NURSE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
G. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF THE REMOTE
STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
TAKING SUCH ADVERSE ACTION.
2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE
AGAINST A NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
PRIVILEGE TO PRACTICE IN ALL OTHER PARTY STATES SHALL BE DEACTIVATED
UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A
NURSE'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE NURSE'S
MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
THE PENDENCY OF THE ORDER.
B. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE
MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
§ 8906. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION. 1. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
OF INFORMATION. A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
S. 3007--A 141 A. 3007--A
LICENSED PRACTICAL/VOCATIONAL NURSES (LPNS/VNS). THIS SYSTEM WILL
INCLUDE INFORMATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF
NURSE LICENSURE AND ENFORCEMENT EFFORTS.
B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
DINATED LICENSURE INFORMATION SYSTEM, SHALL FORMULATE NECESSARY AND
PROPER PROCEDURES FOR THE IDENTIFICATION, COLLECTION AND EXCHANGE OF
INFORMATION UNDER THIS COMPACT.
C. ALL LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED
LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR
SUCH DENIALS AND NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
D. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
NONPUBLIC OR CONFIDENTIAL ALTERNATIVE PROGRAMS SHALL BE TRANSMITTED
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
LICENSING BOARDS.
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
MATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH
NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI-
NATED LICENSURE INFORMATION SYSTEM BY A PARTY STATE LICENSING BOARD
SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY
STATE CONTRIBUTING THE INFORMATION.
G. ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
THE PARTY STATE CONTRIBUTING THAT INFORMATION SHALL ALSO BE EXPUNGED
FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
H. THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH A
UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
WHICH SHALL INCLUDE, AT A MINIMUM:
I. IDENTIFYING INFORMATION;
II. LICENSURE DATA;
III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
IV. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY COMMISSION RULES.
I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
§ 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS. 1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
ISTRATORS. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
ENTITY KNOWN AS THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY
STATES.
2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
TENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS
LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO
THE EXTENT IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
RESOLUTION PROCEEDINGS.
3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO
BE A WAIVER OF SOVEREIGN IMMUNITY.
S. 3007--A 142 A. 3007--A
4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT FOR EACH PARTY
STATE. ANY ADMINISTRATOR MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
PROVIDED BY THE LAW OF THE STATE FROM WHICH THE ADMINISTRATOR IS
APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN
ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMIS-
SION. AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S
PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
C. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
THE COMMISSION.
D. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED EIGHT OF THIS ARTICLE.
5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
LIC MEETING IF THE COMMISSION SHALL DISCUSS:
I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS
COMPACT;
II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
WITH THIS COMPACT; OR
X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE
STATUTE.
B. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS,
PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
S. 3007--A 143 A. 3007--A
APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
COMPACT, INCLUDING BUT NOT LIMITED TO:
I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
(1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
(2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
III. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEET-
INGS AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A MEETING IN
WHOLE OR IN PART. AS SOON AS PRACTICABLE, THE COMMISSION MUST MAKE
PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING REVEALING THE VOTE OF
EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
IV. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE
PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND-
ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF
THE COMMISSION; AND
VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING OF
ALL OF ITS DEBTS AND OBLIGATIONS.
6. GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE
OF THE COMMISSION.
B. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS.
C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
7. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
POWERS:
A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN-
TATION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE
FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
TIONS;
E. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE
COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER
RESOURCES;
F. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
S. 3007--A 144 A. 3007--A
G. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE,
UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL,
PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
ANY APPEARANCE OF IMPROPRIETY;
I. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
K. TO BORROW MONEY;
L. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR
REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
PERSONS;
M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
ENFORCEMENT AGENCIES;
N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
O. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF NURSE LICENSURE AND PRACTICE.
8. FINANCING OF THE COMMISSION. A. THE COMMISSION SHALL PAY, OR
PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISH-
MENT, ORGANIZATION AND ONGOING ACTIVITIES.
B. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES
AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
THAT IS BINDING UPON ALL PARTY STATES.
C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
AUTHORITY OF, SUCH PARTY STATE.
D. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED BY OR ARISING
OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS
FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH
SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
OR WANTON MISCONDUCT OF THAT PERSON.
B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL
S. 3007--A 145 A. 3007--A
ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
SION'S EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON
AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO
PROHIBIT THAT PERSON FROM RETAINING SUCH PERSON'S OWN COUNSEL; AND
PROVIDED FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID
NOT RESULT FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS-
SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCON-
DUCT OF THAT PERSON.
§ 8908. RULEMAKING. 1. RULEMAKING. A. THE COMMISSION SHALL EXERCISE
ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
AND THE RULES ADOPTED THEREUNDER. RULES AND AMENDMENTS SHALL BECOME
BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR
SPECIAL MEETING OF THE COMMISSION.
2. NOTICE. A. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION
SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
I. ON THE WEBSITE OF THE COMMISSION; AND
II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
I. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
PROPOSED RULE;
III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
IV. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
TEN COMMENTS.
C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW
PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC.
3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
ULED PUBLIC HEARING.
I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO
WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
IN WRITING. ALL HEARINGS WILL BE RECORDED, AND A COPY WILL BE MADE
AVAILABLE UPON REQUEST.
S. 3007--A 146 A. 3007--A
II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE
COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
WITH PROMULGATION OF THE PROPOSED RULE.
D. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
4. VOTING ON RULES. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL
ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETER-
MINE THE EFFECTIVE DATE OF THE RULE, IF ANY, BASED ON THE RULEMAKING
RECORD AND THE FULL TEXT OF THE RULE.
5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE
COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR
NOTICE, OPPORTUNITY FOR COMMENT OR HEARING, PROVIDED THAT THE USUAL
RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THE RULE.
FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
BE ADOPTED IMMEDIATELY IN ORDER TO:
A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS REQUIRED BY FEDERAL LAW OR RULE.
6. REVISIONS. THE COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY
ADOPTED RULE OR AMENDMENT FOR PURPOSES OF CORRECTING TYPOGRAPHICAL
ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS.
PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
A PERIOD OF THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A
RULE. A CHALLENGE SHALL BE MADE IN WRITING, AND DELIVERED TO THE
COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE IS
MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION. IF THE
REVISION IS CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE
APPROVAL OF THE COMMISSION.
§ 8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
A. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND
INTENT.
B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
DETERMINES THAT A PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED
RULES, THE COMMISSION SHALL:
I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
S. 3007--A 147 A. 3007--A
B. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND-
ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
C. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS
RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT
EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
E. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN
TERMINATED UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
DEFAULTING STATE.
F. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEYS' FEES.
3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE, THE COMMIS-
SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
C. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
STATES ARISING UNDER THIS COMPACT:
I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT
ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY
STATES INVOLVED IN THE DISPUTE.
II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS
DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
B. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL
DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT
MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
C. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
§ 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1. EFFECTIVE DATE.
A. THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS
THAN TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
S. 3007--A 148 A. 3007--A
OF TWO THOUSAND TWENTY-FIVE THAT ENACTED THIS COMPACT. THEREAFTER, THE
COMPACT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT STATE. ALL PARTY
STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
SURE COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT
WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
B. EACH PARTY STATE TO THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
THE PRIOR COMPACT.
2. WITHDRAWAL. A. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL
NOT TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
UTE.
B. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE
CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS
OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
C. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
3. AMENDMENT. A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE
PARTY STATES UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
STATES.
B. REPRESENTATIVES OF NON-PARTY STATES TO THIS COMPACT SHALL BE
INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
§ 8911. CONSTRUCTION AND SEVERABILITY. 1. CONSTRUCTION AND SEVERABIL-
ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON OR CIRCUMSTANCE IS HELD TO BE INVALID, THE VALIDITY OF THE
REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERN-
MENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY
PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY
STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART X
Section 1. Section 6605-b of the education law, as added by chapter
437 of the laws of 2001 and subdivision 1 as amended by chapter 198 of
the laws of 2022, is amended to read as follows:
§ 6605-b. Dental hygiene restricted local infiltration AND BLOCK
anesthesia/nitrous oxide analgesia certificate. 1. A dental hygienist
shall not administer or monitor nitrous oxide analgesia or local infil-
tration OR BLOCK anesthesia in the practice of dental hygiene without a
dental hygiene restricted local infiltration AND BLOCK
S. 3007--A 149 A. 3007--A
anesthesia/nitrous oxide analgesia certificate and except under the
personal supervision of a dentist and in accordance with regulations
promulgated by the commissioner. Personal supervision, for purposes of
this section, means that the supervising dentist remains in the dental
office where the local infiltration OR BLOCK anesthesia or nitrous oxide
analgesia services are being performed, personally authorizes and
prescribes the use of local infiltration OR BLOCK anesthesia or nitrous
oxide analgesia for the patient and, before dismissal of the patient,
personally examines the condition of the patient after the use of local
infiltration OR BLOCK anesthesia or nitrous oxide analgesia is
completed. It is professional misconduct for a dentist to fail to
provide the supervision required by this section, and any dentist found
guilty of such misconduct under the procedures prescribed in section
sixty-five hundred ten of this title shall be subject to the penalties
prescribed in section sixty-five hundred eleven of this title.
2. The commissioner shall promulgate regulations establishing stand-
ards and procedures for the issuance of such certificate. Such standards
shall require completion of an educational program and/or course of
training or experience sufficient to ensure that a dental hygienist is
specifically trained in the administration and monitoring of nitrous
oxide analgesia and local infiltration OR BLOCK anesthesia, the possible
effects of such use, and in the recognition of and response to possible
emergency situations.
3. The fee for a dental hygiene restricted local infiltration AND
BLOCK anesthesia/nitrous oxide analgesia certificate shall be twenty-
five dollars and shall be paid on a triennial basis upon renewal of such
certificate. A certificate may be suspended or revoked in the same
manner as a license to practice dental hygiene.
§ 2. Subdivision 1 of section 6606 of the education law, as amended by
chapter 239 of the laws of 2013, is amended to read as follows:
1. The practice of the profession of dental hygiene is defined as the
performance of dental services which shall include removing calcareous
deposits, accretions and stains from the exposed surfaces of the teeth
which begin at the epithelial attachment and applying topical agents
indicated for a complete dental prophylaxis, removing cement, placing or
removing rubber dam, removing sutures, placing matrix band, providing
patient education, applying topical medication, PLACING PRE-FIT ORTHO-
DONTIC BANDS, USING LIGHT-CURE COMPOSITE MATERIAL, TAKING CEPHALOMETRIC
RADIOGRAPHS, TAKING TWO-DIMENSIONAL AND THREE-DIMENSIONAL PHOTOGRAPHY OF
DENTITION, ADJUSTING REMOVABLE APPLIANCES INCLUDING NIGHTGUARDS, BLEACH-
ING TRAYS, RETAINERS AND DENTURES, placing and exposing diagnostic
dental X-ray films, performing topical fluoride applications and topical
anesthetic applications, polishing teeth, taking medical history, chart-
ing caries, taking impressions for study casts, placing and removing
temporary restorations, administering and monitoring nitrous oxide
analgesia and administering and monitoring local infiltration AND BLOCK
anesthesia, subject to certification in accordance with section sixty-
six hundred five-b of this article, and any other function in the defi-
nition of the practice of dentistry as may be delegated by a licensed
dentist in accordance with regulations promulgated by the commissioner.
The practice of dental hygiene may be conducted in the office of any
licensed dentist or in any appropriately equipped school or public
institution but must be done either under the supervision of a licensed
dentist or, in the case of a registered dental hygienist working for a
hospital as defined in article twenty-eight of the public health law[,]
OR pursuant to a collaborative arrangement with a licensed and regis-
S. 3007--A 150 A. 3007--A
tered dentist [who has a formal relationship with the same hospital]
PURSUANT TO SECTION SIXTY-SIX HUNDRED SEVEN-A OF THIS ARTICLE AND in
accordance with regulations promulgated by the department in consulta-
tion with the department of health. [Such collaborative arrangement
shall not obviate or supersede any law or regulation which requires
identified services to be performed under the personal supervision of a
dentist. When dental hygiene services are provided pursuant to a colla-
borative agreement, such dental hygienist shall instruct individuals to
visit a licensed dentist for comprehensive examination or treatment.]
§ 3. The education law is amended by adding a new section 6607-a to
read as follows:
§ 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
THE PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
ARTICLE, MAY BE PERFORMED IN COLLABORATION WITH A LICENSED DENTIST
PROVIDED SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A COLLABO-
RATIVE PRACTICE AGREEMENT. UNDER A COLLABORATIVE PRACTICE AGREEMENT,
DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
MAY BE PERFORMED WITHOUT SUPERVISION IN A COLLABORATIVE PRACTICE
SETTING.
2. (A) THE COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC MEDICAL CONDITIONS,
AND AGE-AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF DENTAL HYGIENE
SERVICES AND A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
OCCUR.
(B) THE COLLABORATIVE AGREEMENT SHALL BE:
(I) SIGNED AND MAINTAINED BY THE DENTIST, THE DENTAL HYGIENIST, AND
THE FACILITY, PROGRAM, OR ORGANIZATION;
(II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
IST; AND
(III) MADE AVAILABLE TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
UPON REQUEST.
(C) ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED
DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE AT A
TIME.
3. BEFORE PERFORMING ANY SERVICES AUTHORIZED UNDER THIS SECTION, A
DENTAL HYGIENIST SHALL PROVIDE THE PATIENT WITH A WRITTEN STATEMENT
ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST AND INSTRUCT-
ING INDIVIDUALS TO VISIT A LICENSED DENTIST FOR COMPREHENSIVE EXAMINA-
TION OR TREATMENT. IF THE DENTAL HYGIENIST MAKES ANY REFERRALS TO THE
PATIENT FOR FURTHER DENTAL PROCEDURES, THE DENTAL HYGIENIST MUST FILL
OUT A REFERRAL FORM AND PROVIDE A COPY OF THE FORM TO THE COLLABORATING
DENTIST.
4. THE COLLABORATIVE PRACTICE DENTAL HYGIENIST MAY ENTER INTO A
CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND REGISTERED
DENTIST, HEALTH CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION
TO PERFORM DENTAL HYGIENE SERVICES IN THE FOLLOWING SETTINGS: DENTAL
OFFICES; LONG-TERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR
PRIVATE SCHOOLS; PUBLIC HEALTH AGENCIES/FEDERALLY QUALIFIED HEALTH
CENTERS; CORRECTIONAL FACILITIES; PUBLIC INSTITUTIONS/MENTAL HEALTH
FACILITIES; DRUG TREATMENT FACILITIES; AND DOMESTIC VIOLENCE SHELTERS.
S. 3007--A 151 A. 3007--A
5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS. THE DEPARTMENT
MAY GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON
A CASE-BY-CASE BASIS.
6. A DENTAL HYGIENIST MUST MAKE APPLICATION TO THE DEPARTMENT TO PRAC-
TICE AS A REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP)
AND PAY A FEE SET BY THE DEPARTMENT. AS A CONDITION OF COLLABORATIVE
PRACTICE, THE DENTAL HYGIENIST SHALL HAVE BEEN ENGAGED IN PRACTICE FOR
AT LEAST THREE YEARS WITH A MINIMUM OF FOUR THOUSAND FIVE HUNDRED PRAC-
TICE HOURS AND SHALL COMPLETE AN EIGHT HOUR CONTINUING EDUCATION PROGRAM
THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCEDURES, REVIEW OF
CLINICAL RECOMMENDATIONS AND STANDARDS FOR PROVIDING PREVENTIVE SERVICES
(FOR EXAMPLE SEALANTS AND FLUORIDE VARNISH) IN PUBLIC HEALTH SETTINGS,
RISK MANAGEMENT, DENTAL HYGIENE JURISPRUDENCE AND PROFESSIONAL ETHICS.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART Y
Section 1. Section 2803 of the public health law is amended by adding
a new subdivision 15 to read as follows:
15. SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION AND
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR REGULATION
TO THE CONTRARY, THE COMMISSIONER MAY ALLOW GENERAL HOSPITALS TO PROVIDE
OFF-SITE ACUTE CARE MEDICAL SERVICES, THAT ARE:
(A) NOT HOME CARE SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER OR THE PROFESSIONAL SERVICES
ENUMERATED IN SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE A HOSPITAL FROM
OFFERING HOSPITAL SERVICES AS DEFINED IN SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
(B) PROVIDED BY A MEDICAL PROFESSIONAL, INCLUDING A PHYSICIAN, REGIS-
TERED NURSE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, TO A PATIENT
WITH A PREEXISTING CLINICAL RELATIONSHIP WITH THE GENERAL HOSPITAL, OR
WITH THE HEALTH CARE PROFESSIONAL PROVIDING THE SERVICE;
(C) PROVIDED TO A PATIENT FOR WHOM A MEDICAL PROFESSIONAL HAS DETER-
MINED IS APPROPRIATE TO RECEIVE ACUTE MEDICAL SERVICES AT THEIR RESI-
DENCE; AND
(D) CONSISTENT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, THE
GENERAL HOSPITAL HAS APPROPRIATE DISCHARGE PLANNING IN PLACE TO COORDI-
NATE DISCHARGE TO A HOME CARE AGENCY WHERE MEDICALLY NECESSARY AND
CONSENTED TO BY THE PATIENT AFTER THE PATIENT'S ACUTE CARE EPISODE ENDS.
(E) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE OFF-SITE SERVICES FROM
BEING PROVIDED IN ACCORDANCE WITH SUBDIVISION ELEVEN OF THIS SECTION AND
DEPARTMENT REGULATIONS.
(F) THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MEDICAL ASSISTANCE
PROGRAM RATES TO EFFECTUATE THIS SUBDIVISION. FOR THE PURPOSES OF THE
DEPARTMENT DETERMINING THE APPLICABLE RATES PURSUANT TO SUCH AUTHORITY,
ANY GENERAL HOSPITAL APPROVED PURSUANT TO THIS SUBDIVISION SHALL REPORT
TO THE DEPARTMENT, IN THE FORM AND FORMAT REQUIRED BY THE DEPARTMENT,
ITS ANNUAL OPERATING COSTS AND STATISTICS, SPECIFICALLY FOR SUCH OFF-
SITE ACUTE SERVICES. FAILURE TO TIMELY SUBMIT SUCH COST DATA TO THE
DEPARTMENT MAY RESULT IN REVOCATION OF AUTHORITY TO PARTICIPATE IN A
PROGRAM UNDER THIS SECTION DUE TO THE INABILITY TO ESTABLISH APPROPRIATE
REIMBURSEMENT RATES.
S. 3007--A 152 A. 3007--A
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART Z
Section 1. Section 4 of chapter 565 of the laws of 2022 amending the
state finance law relating to preferred source status for entities that
provide employment to certain persons, is amended to read as follows:
§ 4. This act shall take effect immediately; provided that [section
one of this act shall expire and be deemed repealed three years after
such effective date; and provided further that] this act shall not apply
to any contracts or requests for proposals issued by government entities
before such date.
Section 2. Section 2 of chapter 91 of the laws of 2023 is amended to
read as follows:
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022, amending the state finance law
relating to preferred source status for entities that provide employment
to certain persons, as proposed in legislative bills numbers S. 7578-C
and A. 8549-C, takes effect[, and shall expire and be deemed repealed
three years after such effective date].
§ 3. This act shall take effect immediately.
PART AA
Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority of
the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, as amended by section 1
of part Z of chapter 57 of the laws of 2024, is amended to read as
follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed March 31, 2025].
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the appointment of temporary
operators for the continued operation of programs and the provision of
services for persons with serious mental illness and/or developmental
disabilities and/or chemical dependence, as amended by section 1 of part
OO of chapter 57 of the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016[;
provided, however, that sections one and two of this act shall expire
and be deemed repealed on March 31, 2025].
§ 2. This act shall take effect immediately.
PART CC
Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of
the laws of 2013, amending the social services law and other laws relat-
ing to enacting the major components of legislation necessary to imple-
ment the health and mental hygiene budget for the 2013-2014 state fiscal
S. 3007--A 153 A. 3007--A
year, as amended by section 1 of part EE of chapter 57 of the laws of
2023, is amended to read as follows:
1-a. sections seventy-three through eighty-a shall expire and be
deemed repealed December 31, [2025] 2027;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART DD
Section 1. Subdivision (a) of section 22.11 of the mental hygiene law,
as added by chapter 558 of the laws of 1999, is amended to read as
follows:
(a) For the purposes of this section, the word "minor" shall mean a
person under eighteen years of age, but does not include a person who is
the parent of a child or has married or who is emancipated, OR IS A
HOMELESS YOUTH, AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, OR RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS
YOUTH CRISIS SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAM AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW.
§ 2. Paragraph 1 of subdivision (a) of section 33.21 of the mental
hygiene law, as amended by chapter 461 of the laws of 1994, is amended
to read as follows:
(1) "minor" shall mean a person under eighteen years of age, but shall
not include a person who is the parent of a child, emancipated, has
married or is on voluntary status on [his or her] THEIR own application
pursuant to section 9.13 of this chapter, OR IS A HOMELESS YOUTH, AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, OR
RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS YOUTH CRISIS
SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW;
§ 3. Subdivision 1 of section 2504 of the public health law, as
amended by chapter 107 of the laws of 2023, is amended to read as
follows:
1. Any person who is eighteen years of age or older, or is the parent
of a child or has married, or is a homeless youth as defined in section
five hundred thirty-two-a of the executive law, or receives services at
an approved runaway and homeless youth crisis services program or a
transitional independent living support program as defined in section
five hundred thirty-two-a of the executive law, may give effective
consent for medical, dental, health and hospital services, INCLUDING
BEHAVIORAL HEALTH SERVICES, for themself, and the consent of no other
person shall be necessary.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART EE
Section 1. The second and third undesignated paragraphs of section
9.01 of the mental hygiene law, as amended by chapter 723 of the laws of
1989, are amended to read as follows:
"in need of involuntary care and treatment" means that a person has a
mental illness for which care and treatment as a patient in a hospital
is essential to such person's welfare and whose judgment is so impaired
that [he] THE PERSON is unable to understand the need for such care and
treatment.
S. 3007--A 154 A. 3007--A
"likelihood to result in serious harm" or "likely to result in serious
harm" means (a) a substantial risk of physical harm to the person as
manifested by threats of or attempts at suicide or serious bodily harm
or other conduct demonstrating that the person is dangerous to [himself
or herself] THEMSELF, or (b) a substantial risk of physical harm to
other persons as manifested by homicidal or other violent behavior by
which others are placed in reasonable fear of serious physical harm, OR
(C) A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABILI-
TY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR THEIR
OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY, OR
SHELTER.
§ 2. The mental hygiene law is amended by adding a new section 9.04 to
read as follows:
§ 9.04 CLINICAL DETERMINATION OF LIKELIHOOD TO RESULT IN SERIOUS HARM.
IN MAKING A CLINICAL DETERMINATION OF WHETHER A PERSON'S MENTAL
ILLNESS IS LIKELY TO RESULT IN SERIOUS HARM TO SELF OR OTHERS, THE EVAL-
UATING CLINICIAN SHALL REVIEW:
1. MEDICAL RECORDS AVAILABLE TO THE EVALUATING CLINICIAN;
2. ALL CREDIBLE REPORTS OF THE PERSON'S RECENT BEHAVIOR;
3. ANY CREDIBLE, KNOWN INFORMATION RELATED TO THE PERSON'S MEDICAL AND
BEHAVIORAL HISTORY; AND
4. ANY OTHER AVAILABLE RELEVANT INFORMATION.
§ 3. Subdivisions (a), (d), (e), and (i) of section 9.27 of the mental
hygiene law, as renumbered by chapter 978 of the laws of 1977 and subdi-
vision (i) as amended by chapter 847 of the laws of 1987, are amended to
read as follows:
(a) The director of a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon the [certificate] CERTIFICATES of two examining
physicians, OR UPON THE CERTIFICATES OF AN EXAMINING PHYSICIAN AND A
PSYCHIATRIC NURSE PRACTITIONER. SUCH CERTIFICATES SHALL BE accompanied
by an application for the admission of such person. The examination may
be conducted jointly but each [examining physician] CERTIFYING PRACTI-
TIONER shall execute a separate certificate.
(d) Before an examining physician OR PSYCHIATRIC NURSE PRACTITIONER
completes the certificate of examination of a person for involuntary
care and treatment, [he] THEY shall consider alternative forms of care
and treatment that might be adequate to provide for the person's needs
without requiring involuntary hospitalization. If the examining physi-
cian OR PSYCHIATRIC NURSE PRACTITIONER knows that the person [he is]
THEY ARE examining for involuntary care and treatment has been under
prior treatment, [he] THEY shall, insofar as possible, consult with the
physician or psychologist furnishing such prior treatment prior to
completing [his] THEIR certificate. Nothing in this section shall
prohibit or invalidate any involuntary admission made in accordance with
the provisions of this chapter.
(e) The director of the hospital where such person is brought shall
cause such person to be examined forthwith by a physician who shall be a
member of the psychiatric staff of such hospital other than the original
examining physicians OR PSYCHIATRIC NURSE PRACTITIONER whose certificate
or certificates accompanied the application and, if such person is found
to be in need of involuntary care and treatment, [he] THEY may be admit-
ted thereto as a patient as herein provided.
(i) After an application for the admission of a person has been
completed and both [physicians] CERTIFYING PRACTITIONERS have examined
such person and separately certified that [he or she] SUCH PERSON is
S. 3007--A 155 A. 3007--A
mentally ill and in need of involuntary care and treatment in a hospi-
tal, either [physician] CERTIFYING PRACTITIONER is authorized to request
peace officers, when acting pursuant to their special duties, or police
officers, who are members of an authorized police department or force or
of a sheriff's department, to take into custody and transport such
person to a hospital for determination by the director whether such
person qualifies for admission pursuant to this section. Upon the
request of either [physician] CERTIFYING PRACTITIONER, an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, is authorized to transport such person to a
hospital for determination by the director whether such person qualifies
for admission pursuant to this section.
§ 4. Subsection (a) of section 9.37 of the mental hygiene law, as
renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
(a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by [him]
THEM, may receive and care for in such hospital as a patient any person
who, in the opinion of the director of community services or [his] THEIR
designee, has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and which is likely to result in
serious harm to [himself] THEMSELF or others; "likelihood of serious
harm" shall mean:
1. substantial risk of physical harm to [himself] THEMSELF as mani-
fested by threats of or attempts at suicide or serious bodily harm or
other conduct demonstrating that [he is] THEY ARE dangerous to [himself]
THEMSELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear or serious physical harm[.]; OR
3. A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABIL-
ITY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR
THEIR OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY,
OR SHELTER.
The need for immediate hospitalization shall be confirmed by a staff
physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is
to be retained for care and treatment beyond such time and [he does]
THEY DO not agree to remain in such hospital as a voluntary patient, the
certificate of another examining physician who is a member of the
psychiatric staff of the hospital that the patient is in need of invol-
untary care and treatment shall be filed with the hospital. From the
time of [his] THEIR admission under this section the retention of such
patient for care and treatment shall be subject to the provisions for
notice, hearing, review, and judicial approval of continued retention or
transfer and continued retention provided by this article for the admis-
sion and retention of involuntary patients, provided that, for the
purposes of such provisions, the date of admission of the patient shall
be deemed to be the date when the patient was first received in the
hospital under this section.
§ 5. Subsection (a) of section 9.39 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(a) The director of any hospital maintaining adequate staff and facil-
ities for the observation, examination, care, and treatment of persons
alleged to be mentally ill and approved by the commissioner to receive
S. 3007--A 156 A. 3007--A
and retain patients pursuant to this section may receive and retain
therein as a patient for a period of fifteen days any person alleged to
have a mental illness for which immediate observation, care, and treat-
ment in a hospital is appropriate and which is likely to result in seri-
ous harm to [himself] THEMSELF or others. "Likelihood to result in seri-
ous harm" as used in this article shall mean:
1. substantial risk of physical harm to [himself] THEMSELF as mani-
fested by threats of or attempts at suicide or serious bodily harm or
other conduct demonstrating that [he is] THEY ARE dangerous to [himself]
THEMSELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm[.], OR
3. A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON DUE TO AN INABIL-
ITY OR REFUSAL, AS A RESULT OF THEIR MENTAL ILLNESS, TO PROVIDE FOR
THEIR OWN ESSENTIAL NEEDS SUCH AS FOOD, CLOTHING, MEDICAL CARE, SAFETY,
OR SHELTER.
§ 6. Subdivision (a) of section 9.45 of the mental hygiene law, as
amended by section 6 of part AA of chapter 57 of the laws of 2021, is
amended to read as follows:
(a) The director of community services or the director's designee
shall have the power to direct the removal of any person, within [his or
her] THEIR jurisdiction, to a hospital approved by the commissioner
pursuant to subdivision (a) of section 9.39 of this article, or to a
comprehensive psychiatric emergency program pursuant to subdivision (a)
of section 9.40 of this article, if the parent, adult sibling, spouse
[or], DOMESTIC PARTNER AS DEFINED IN SECTION TWENTY-NINE HUNDRED NINE-
TY-FOUR-A OF THE PUBLIC HEALTH LAW, child of the person, COHABITANT OF
THE PERSON'S RESIDENTIAL UNIT, the committee or legal guardian of the
person, a licensed psychologist, registered professional nurse or certi-
fied social worker currently responsible for providing treatment
services to the person, a supportive or intensive case manager currently
assigned to the person by a case management program which program is
approved by the office of mental health for the purpose of reporting
under this section, a licensed physician, health officer, peace officer
or police officer reports to [him or her] THE DIRECTOR OF COMMUNITY
SERVICES OR THE DIRECTOR'S DESIGNEE that such person has a mental
illness for which immediate care and treatment is appropriate and
[which] THAT is likely to result in serious harm to [himself or herself]
SELF or others. It shall be the duty of peace officers, when acting
pursuant to their special duties, or police officers[,] who are members
of an authorized police department, or force or of a sheriff's depart-
ment to assist representatives of such director to take into custody and
transport any such person. Upon the request of a director of community
services or the director's designee, an ambulance service, as defined in
subdivision two of section three thousand one of the public health law,
is authorized to transport any such person. Such person may then be
retained in a hospital pursuant to the provisions of section 9.39 of
this article or in a comprehensive psychiatric emergency program pursu-
ant to the provisions of section 9.40 of this article.
§ 7. Subparagraph (iii) of paragraph 4 and paragraph 7 of subdivision
(c), subparagraph (ii) of paragraph 1 of subdivision (e), paragraph 2 of
subdivision (h), and paragraph 3 of subdivision (i) of section 9.60 of
the mental hygiene law, as amended by chapter 158 of the laws of 2005,
and subparagraph (iii) of paragraph 4 of subdivision (c) and paragraph 2
S. 3007--A 157 A. 3007--A
of subdivision (h) as amended by section 2 of subpart H of part UU of
chapter 56 of the laws of 2022, are amended to read as follows:
(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,
resulted in the issuance of a court order for assisted outpatient treat-
ment [which] THAT has expired within the last six months, and since the
expiration of the order[,]; (A) the person has experienced a substantial
increase in symptoms of mental illness [and such symptoms] THAT substan-
tially interferes with or limits [one or more major life activities as
determined by a director of community services who previously was
required to coordinate and monitor the care of any individual who was
subject to such expired assisted outpatient treatment order. The appli-
cable director of community services or their designee shall arrange for
the individual to be evaluated by a physician. If the physician deter-
mines court ordered services are clinically necessary and the least
restrictive option, the director of community services may initiate a
court proceeding.] THE PERSON'S ABILITY TO MAINTAIN THEIR HEALTH OR
SAFETY; OR (B) THE PERSON, DUE TO A LACK OF COMPLIANCE WITH RECOMMENDED
TREATMENT, HAS RECEIVED EMERGENCY TREATMENT OR INPATIENT CARE OR HAS
BEEN INCARCERATED;
(7) is likely to benefit from assisted outpatient treatment. PREVIOUS
NON-COMPLIANCE WITH COURT OVERSIGHT OR MANDATED TREATMENT SHALL NOT
PRECLUDE A FINDING THAT THE PERSON IS LIKELY TO BENEFIT FROM ASSISTED
OUTPATIENT TREATMENT.
(ii) the parent, spouse, DOMESTIC PARTNER, sibling eighteen years of
age or older, or child eighteen years of age or older of the subject of
the petition; or
(2) The court shall not order assisted outpatient treatment unless an
examining physician, who recommends assisted outpatient treatment and
has personally examined the subject of the petition no more than ten
days before the filing of the petition, testifies in person or by video-
conference at the hearing. [Provided however, a physician shall only be
authorized to testify by video conference when it has been: (i) shown
that diligent efforts have been made to attend such hearing in person
and the subject of the petition consents to the physician testifying by
video conference; or (ii) the court orders the physician to testify by
video conference upon a finding of good cause.] Such physician shall
state the facts and clinical determinations which support the allegation
that the subject of the petition meets each of the criteria for assisted
outpatient treatment.
(3) The court shall not order assisted outpatient treatment unless a
physician appearing on behalf of a director testifies IN PERSON OR BY
VIDEO CONFERENCE to explain the written proposed treatment plan. Such
physician shall state the categories of assisted outpatient treatment
recommended, the rationale for each such category, facts which establish
that such treatment is the least restrictive alternative, and, if the
recommended assisted outpatient treatment plan includes medication, such
physician shall state the types or classes of medication recommended,
the beneficial and detrimental physical and mental effects of such medi-
cation, and whether such medication should be self-administered or
administered by an authorized professional. If the subject of the peti-
tion has executed a health care proxy, such physician shall state the
consideration given to any directions included in such proxy in develop-
ing the written treatment plan. If a director is the petitioner, testi-
mony pursuant to this paragraph shall be given at the hearing on the
petition. If a person other than a director is the petitioner, such
S. 3007--A 158 A. 3007--A
testimony shall be given on the date set by the court pursuant to para-
graph three of subdivision (j) of this section.
§ 8. The mental hygiene law is amended by adding a new section 9.64 to
read as follows:
§ 9.64 NOTICE OF ADMISSION DETERMINATION TO COMMUNITY PROVIDER.
UPON AN ADMISSION TO A HOSPITAL OR RECEIVED AS A PATIENT IN A COMPRE-
HENSIVE PSYCHIATRIC EMERGENCY PROGRAM PURSUANT TO THE PROVISIONS OF THIS
ARTICLE, THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM SHALL ENSURE THAT
REASONABLE EFFORTS ARE MADE TO IDENTIFY AND PROMPTLY NOTIFY OF SUCH
DETERMINATION ANY COMMUNITY PROVIDER OF MENTAL HEALTH SERVICES THAT
MAINTAINS SUCH PERSON ON ITS CASELOAD.
§ 9. Subdivision (f) of section 29.15 of the mental hygiene law, as
amended by chapter 135 of the laws of 1993, is amended to read as
follows:
(f) The discharge or conditional release of all clients at develop-
mental centers, patients at psychiatric centers or patients at psychiat-
ric inpatient services subject to licensure by the office of mental
health shall be in accordance with a written service plan prepared by
staff familiar with the case history of the client or patient to be
discharged or conditionally released and in cooperation with appropriate
social services officials and directors of local governmental units. In
causing such plan to be prepared, the director of the facility shall
take steps to assure that the following persons are interviewed,
provided an opportunity to actively participate in the development of
such plan and advised of whatever services might be available to the
patient through the mental hygiene legal service: the patient to be
discharged or conditionally released; A REPRESENTATIVE OF A COMMUNITY
PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF CASE MANAGE-
MENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; an authorized
representative of the patient, to include the parent or parents if the
patient is a minor, unless such minor sixteen years of age or older
objects to the participation of the parent or parents and there has been
a clinical determination by a physician that the involvement of the
parent or parents is not clinically appropriate and such determination
is documented in the clinical record and there is no plan to discharge
or release the minor to the home of such parent or parents; and upon the
request of the patient sixteen years of age or older, [a significant] AN
individual SIGNIFICANT to the patient including any relative, close
friend or individual otherwise concerned with the welfare of the
patient, other than an employee of the facility.
§ 10. This act shall take effect ninety days after it shall have
become a law; provided, however, section four of this act shall take
effect on the same date as the reversion of subsection (a) of section
9.37 of the mental hygiene law as provided in section 21 of chapter 723
of the laws of 1989, as amended; provided further, however, the amend-
ments to section 9.45 of the mental hygiene law made by section six of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith; and provided further, however, the amendments to
section 9.60 of the mental hygiene law made by section seven of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.
PART FF
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
S. 3007--A 159 A. 3007--A
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, and the state office
for the aging (hereinafter "the commissioners") shall establish a state
fiscal year 2025-2026 targeted inflationary increase, effective April 1,
2025, for projecting for the effects of inflation upon rates of
payments, contracts, or any other form of reimbursement for the programs
and services listed in subdivision four of this section. The targeted
inflationary increase established herein shall be applied to the appro-
priate portion of reimbursable costs or contract amounts. Where appro-
priate, transfers to the department of health (DOH) shall be made as
reimbursement for the state and/or local share of medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefor, for the period of April 1, 2025 through March 31, 2026, the
commissioners shall provide funding to support a two and one-tenth
percent (2.1%) targeted inflationary increase under this section for all
eligible programs and services as determined pursuant to subdivision
four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 2.1 percent targeted inflationary
increase established herein shall be inclusive of all other inflationary
increases, cost of living type increases, inflation factors, or trend
factors that are newly applied effective April 1, 2025. Except for the
2.1 percent targeted inflationary increase established herein, for the
period commencing on April 1, 2025 and ending March 31, 2026 the commis-
sioners shall not apply any other new targeted inflationary increases or
cost of living adjustments for the purpose of establishing rates of
payments, contracts or any other form of reimbursement. The phrase "all
other inflationary increases, cost of living type increases, inflation
factors, or trend factors" as defined in this subdivision shall not
include payments made pursuant to the American Rescue Plan Act or other
federal relief programs related to the Coronavirus Disease 2019 (COVID-
19) pandemic public health emergency. This subdivision shall not
prevent the office of children and family services from applying addi-
tional trend factors or staff retention factors to eligible programs and
services under paragraph (v) of subdivision four of this section.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic (mental health
outpatient treatment and rehabilitative services programs), continuing
day treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; supported single room occupancy; supported
housing programs/services excluding rent; treatment congregate;
supported congregate; community residence - children and youth;
treatment/apartment; supported apartment; community residence single
room occupancy; on-site rehabilitation; employment programs; recreation;
respite care; transportation; psychosocial club; assertive community
treatment; case management; care coordination, including health home
plus services; local government unit administration; monitoring and
S. 3007--A 160 A. 3007--A
evaluation; children and youth vocational services; single point of
access; school-based mental health program; family support children and
youth; advocacy/support services; drop in centers; recovery centers;
transition management services; bridger; home and community based waiver
services; behavioral health waiver services authorized pursuant to the
section 1115 MRT waiver; self-help programs; consumer service dollars;
conference of local mental hygiene directors; multicultural initiative;
ongoing integrated supported employment services; supported education;
mentally ill/chemical abuse (MICA) network; personalized recovery
oriented services; children and family treatment and support services;
residential treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
health family treatment and support; coordinated children's service
initiative; homeless services; and promise zones.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; community transi-
tion services; family education and training; fiscal intermediary;
support broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: medically supervised withdrawal
services - residential; medically supervised withdrawal services -
outpatient; medically managed detoxification; inpatient rehabilitation
services; outpatient opioid treatment; residential opioid treatment;
residential opioid treatment to abstinence; problem gambling treatment;
medically supervised outpatient; outpatient rehabilitation; specialized
services substance abuse programs; home and community based waiver
services pursuant to subdivision 9 of section 366 of the social services
law; children and family treatment and support services; continuum of
care rental assistance case management; NY/NY III post-treatment hous-
ing; NY/NY III housing for persons at risk for homelessness; permanent
supported housing; youth clubhouse; recovery community centers; recovery
community organizing initiative; residential rehabilitation services for
youth (RRSY); intensive residential; community residential; supportive
living; residential services; job placement initiative; case management;
family support navigator; local government unit administration; peer
engagement; vocational rehabilitation; HIV early intervention services;
dual diagnosis coordinator; problem gambling resource centers; problem
gambling prevention; prevention resource centers; primary prevention
services; other prevention services; comprehensive outpatient clinic;
jail-based supports; and regional addiction resource centers.
S. 3007--A 161 A. 3007--A
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: the nutrition outreach and education
program (NOEP).
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the targeted infla-
tionary increase established herein, pending federal approval where
applicable, include: programs for which the office of children and fami-
ly services establishes maximum state aid rates pursuant to section
398-a of the social services law and section 4003 of the education law;
emergency foster homes; foster family boarding homes and therapeutic
foster homes; supervised settings as defined by subdivision twenty-two
of section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law; and
congregate and scattered supportive housing programs and supportive
services provided under the NY/NY III supportive housing agreement to
young adults leaving or having recently left foster care.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the targeted inflationary
increase established herein, pending federal approval where applicable,
include: community services for the elderly; expanded in-home services
for the elderly; and the wellness in nutrition program.
5. Each local government unit or direct contract provider receiving
funding for the targeted inflationary increase established herein shall
submit a written certification, in such form and at such time as each
commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of support staff,
direct care staff, clinical staff, non-executive administrative staff,
or respond to other critical non-personal service costs prior to
supporting any salary increases or other compensation for executive
level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners shall be authorized to recoup funding from a local
governmental unit or direct contract provider for the targeted infla-
tionary increase established herein determined to have been used in a
manner inconsistent with the appropriation, or any other provision of
this section. Such agency commissioners shall be authorized to employ
any legal mechanism to recoup such funds, including an offset of other
funds that are owed to such local governmental unit or direct contract
provider.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through FF of this act shall be
as specifically set forth in the last section of such Parts.
2025-S3007B (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3007B (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; repeals the state Medicaid spending cap and related processes (Part A); extends the effectiveness of various provisions relating to social services and healthcare and determines which contracts shall expire September 30, 2025 until September 30, 2026 (Part B); relates to supplemental hospital payments (Part D)
2025-S3007B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3007--B
I N S E N A T E
January 22, 2025
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to repeal sections 91 and 92 of part H of chapter 59 of the laws
of 2011 relating to the year to year rate of growth of Department of
Health state funds and Medicaid funding, relating to the state Medi-
caid spending cap and related processes (Part A); to amend part B of
chapter 57 of the laws of 2015, amending the social services law and
other laws relating to supplemental rebates, in relation to extending
the expiration thereof; to amend chapter 942 of the laws of 1983 and
chapter 541 of the laws of 1984 relating to foster family care demon-
stration programs, in relation to extending the expirations thereof;
to amend chapter 256 of the laws of 1985, amending the social services
law and other laws relating to foster family care demonstration
programs, in relation to extending the expiration thereof; to amend
part C of chapter 58 of the laws of 2009, amending the public health
law relating to payment by governmental agencies for general hospital
inpatient services, in relation to the effectiveness thereof; to amend
chapter 474 of the laws of 1996, amending the education law and other
laws relating to rates for residential healthcare facilities, in
relation to the effectiveness thereof; to amend the public health law,
in relation to extending certain mobile integrated and community
paramedicine programs; to amend section 2 of chapter 137 of the laws
of 2023, amending the public health law relating to establishing a
community-based paramedicine demonstration program, in relation to
extending the effectiveness thereof; to amend chapter 81 of the laws
of 1995, amending the public health law and other laws relating to
medical reimbursement and welfare reform, in relation to extending the
effectiveness of certain provisions thereof; to amend part FFF of
chapter 59 of the laws of 2018, amending the public health law relat-
ing to authorizing the commissioner of health to redeploy excess
reserves of certain not-for-profit managed care organizations, in
relation to the effectiveness thereof; to amend chapter 451 of the
laws of 2007, amending the public health law, the social services law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-04-5
S. 3007--B 2
and the insurance law relating to providing enhanced consumer and
provider protections, in relation to the effectiveness of certain
provisions relating to contracts between plans, insurers, or corpo-
rations and hospitals; to amend the public health law, in relation to
reimbursement rate promulgation for residential health care facili-
ties, and in relation to certified home health agency services
payments; to amend part C of chapter 60 of the laws of 2014, amending
the social services law relating to fair hearings within the Fully
Integrated Duals Advantage program, in relation to the effectiveness
thereof; to amend chapter 884 of the laws of 1990, amending the public
health law relating to authorizing bad debt and charity care allow-
ances for certified home health agencies, in relation to extending the
provisions thereof; to amend chapter 81 of the laws of 1995, amending
the public health law and other laws relating to medical reimbursement
and welfare reform, in relation to the effectiveness of certain
provisions thereof; to amend part A of chapter 56 of the laws of 2013,
amending chapter 59 of the laws of 2011 amending the public health law
and other laws relating to general hospital reimbursement for annual
rates, in relation to extending government rates for behavioral
services; to amend the public health law, in relation to gross
receipts for general hospital assessments; to amend part MM of chapter
57 of the laws of 2021 amending the public health law relating to
aiding in the transition to adulthood for children with medical
fragility living in pediatric nursing homes and other settings, in
relation to the effectiveness thereof; to amend chapter 633 of the
laws of 2006, amending the public health law relating to the home
based primary care for the elderly demonstration project, in relation
to the effectiveness thereof; to amend chapter 19 of the laws of 1998,
amending the social services law relating to limiting the method of
payment for prescription drugs under the medical assistance program,
in relation to the effectiveness thereof; to amend part BBB of chapter
56 of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program
eligibility from two hundred to two hundred fifty percent, in relation
to extending certain provisions related to providing long-term
services and supports under the essential plan; to amend the social
services law, in relation to which contracts stay in force after
September 30, 2025; and to amend part MM of chapter 56 of the laws of
2020 directing the department of health to establish or procure the
services of an independent panel of clinical professionals and to
develop and implement a uniform task-based assessment tool, in
relation to which contracts stay in force after September 30, 2025
(Part B); intentionally omitted (Part C); to amend the public health
law, in relation to supplemental hospital payments (Part D); to amend
the social services law, in relation to shifting long-term nursing
home stays from managed care to fee for service, and authorizing
penalties for managed care plans that do not meet contractual obli-
gations (Part E); to amend the public health law, in relation to
establishing a tax on managed care providers; to amend the state
finance law, in relation to the healthcare stability fund; to amend
part I of chapter 57 of the laws of 2022 providing a one percent
across the board payment increase to all qualifying fee-for-service
Medicaid rates, in relation to certain Medicaid payments made for
certain medical services; and to amend the public health law, in
S. 3007--B 3
relation to federally qualified health center rate adequacy and gener-
al hospital inpatient reimbursement (Part F); to amend chapter 266 of
the laws of 1986 amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, in
relation to extending the effectiveness of certain provisions thereof;
to amend part J of chapter 63 of the laws of 2001 amending chapter 266
of the laws of 1986 amending the civil practice law and rules and
other laws relating to malpractice and professional medical conduct,
in relation to extending certain provisions concerning the hospital
excess liability pool; and to amend part H of chapter 57 of the laws
of 2017 amending the New York Health Care Reform Act of 1996 and other
laws relating to extending certain provisions relating thereto, in
relation to extending provisions relating to excess coverage (Part G);
intentionally omitted (Part H); to amend the public health law, in
relation to eliminating the fees paid by funeral directors for permits
for burials and removals which are used to support the electronic
death registration system; and to repeal certain provisions of such
law relating thereto (Part I); to amend the public health law, in
relation to the due date for awards applied for under the statewide
health care facility transformation III program (Part J); to amend the
public health law, in relation to appointing a temporary operator for
general hospitals, diagnostic and treatment centers, and adult care
facilities (Part K); intentionally omitted (Part L); to amend the
public health law, in relation to requiring general hospitals to
report community benefit spending (Part M); to amend the public health
law, in relation to expanding the purposes of the spinal cord injury
research board; and to amend the state finance law, in relation to the
spinal cord injury research trust fund (Part N); to amend the public
health law, in relation to authorizing institutional dispensers to
dispense controlled substances for use off premises in an emergency
situation for at least three days; to amend the judiciary law, the
mental hygiene law, the public health law, the county law, and the
general city law, in relation to replacing the words addict and
addicts with the words person with substance use disorder or variation
thereof; and to amend the public health law, in relation to dispensing
certain controlled substances for use by a person with a substance use
disorder (Part O); to amend the public health law, in relation to
requiring hospitals to provide stabilizing care to pregnant individ-
uals; and to repeal section 2803-o-1 of the public health law, relat-
ing to required protocols for fetal demise (Part P); to amend the
social services law and the public health law, in relation to estab-
lishing increased coverage of care as well as availability of care for
infertility treatments; and to repeal section 4 of part K of chapter
82 of the laws of 2002 amending the insurance law and the public
health law relating to coverage for the diagnosis and treatment of
infertility, relating to the establishment of a program to provide
grants to health care providers for improving access to infertility
services; and directing the department of health to establish an
alternative payment methodology (APM) for federally qualified health
centers to preserve and improve patient access to fertility care (Part
Q); to amend the general municipal law and the public health law, in
relation to emergency medical services (Part R); to amend the public
health law, in relation to strengthening material transactions report-
ing requirements (Part S); to amend the public health law and the
executive law, in relation to requiring hospitals to maintain sexual
assault forensic examiners at their facilities (Part T); intentionally
S. 3007--B 4
omitted (Part U); intentionally omitted (Part V); intentionally omit-
ted (Part W); intentionally omitted (Part X); to amend the public
health law, in relation to extending hospital services outside the
facility and into patients' residences; and providing for the repeal
of such provisions upon expiration thereof (Part Y); to amend chapter
565 of the laws of 2022 amending the state finance law relating to
preferred source status for entities that provide employment to
certain persons, in relation to the effectiveness thereof; and to
amend chapter 91 of the laws of 2023 amending the state finance law
relating to establishing a threshold for the amount of work needed to
be performed by a preferred source which is an approved charitable
non-profit-making agency for the blind, in relation to the effective-
ness thereof (Part Z); to amend part NN of chapter 58 of the laws of
2015, amending the mental hygiene law relating to clarifying the
authority of the commissioners in the department of mental hygiene to
design and implement time-limited demonstration programs, in relation
to the effectiveness thereof (Part AA); to amend part L of chapter 59
of the laws of 2016, amending the mental hygiene law relating to the
appointment of temporary operators for the continued operation of
programs and the provision of services for persons with serious mental
illness and/or developmental disabilities and/or chemical depend-
ence, in relation to the effectiveness thereof (Part BB); to amend
part A of chapter 56 of the laws of 2013, amending the social services
law and other laws relating to enacting the major components of legis-
lation necessary to implement the health and mental hygiene budget for
the 2013-2014 state fiscal year, in relation to the effectiveness of
certain provisions thereof (Part CC); to amend the mental hygiene law
and the public health law, in relation to adding homeless youth to the
definition of minors for the purpose of consent for certain treatment,
and clarifying that behavioral health services includes mental health
and substance use treatment (Part DD); to amend the mental hygiene
law, in relation to community provider notice of admission and
involvement in release of certain persons in in-patient facilities
(Part EE); in relation to establishing a targeted inflationary
increase for designated human services programs (Part FF); to amend
the social services law, in relation to reimbursement for early and
periodic screening, diagnosis and treatment (Part GG); to amend the
public health law, in relation to the functions of the Medicaid
inspector general with respect to audit and review of medical assist-
ance program funds (Part HH); to amend the public health law and the
insurance law, in relation to providing information to patients and
the public on hospital rule-based exclusions (Part II); to amend the
public health law, in relation to establishing the "Sickle Cell Treat-
ment Act" (Part JJ); to amend the public health law, in relation to
preserving access to affordable drugs (Part KK); to amend the mental
hygiene law, in relation to establishing the statewide emergency and
crisis response council to plan and provide support regarding the
operation and financing of high-quality emergency and crisis response
services for persons experiencing a mental health, alcohol use, or
substance use crisis (Part LL); to amend the public health law, in
relation to reporting pregnancy losses and clarifying which agencies
are responsible for such reports; and providing for the repeal of
certain provisions upon expiration thereof (Part MM); to amend the
public health law, in relation to enacting the New York state abortion
clinical training program act (Part NN); to amend the insurance law
and the social services law, in relation to primary care investment
S. 3007--B 5
(Part OO); to amend the social services law, in relation to including
services provided by certified recovery peer advocates and certain
services provided at inpatient facilities as part of standard coverage
(Part PP); to amend the public health law, in relation to establishing
a drug checking program including requirements for enhanced drug
checking service delivery and public health surveillance (Part QQ); to
amend the public health law, in relation to a review and recommenda-
tions of reimbursement adequacy and other matters relating to early
intervention (Part RR); to amend the social services law, in relation
to authorizing licensed creative arts therapists to bill Medicaid
directly for their services (Part SS); to amend the public health law,
in relation to establishing an office of the state medical indemnity
fund ombudsperson and a medical indemnity fund advisory panel (Part
TT); to amend the public health law, in relation to expanding health
care services provided by telehealth; and to amend part V of chapter
57 of the laws of 2022, amending the public health law and the insur-
ance law relating to reimbursement for commercial and Medicaid
services provided via telehealth, in relation to the effectiveness
thereof (Part UU); to amend the social services law, in relation to
coverage for services provided by school-based health centers for
medical assistance recipients (Part VV); to amend the social services
law, in relation to including dental implants, replacement dental
prosthetic appliances, crowns and root canals as medically necessary
dental care and services for coverage under the Medicaid program (Part
WW); to amend chapter 769 of the laws of 2023, amending the public
health law relating to the adult cystic fibrosis assistance program,
in relation to the effectiveness thereof (Part XX); to amend the
public health law, in relation to expanding the Doctors Across New
York program to include dentists (Part YY); to amend the social
services law, in relation to increasing the amount of the savings
exemption for eligibility for Medicaid (Part ZZ); to amend the public
health law, in relation to requiring annual reports on tick-borne
illnesses; and to require the superintendent of financial services to
review the status of health insurance coverage for the treatment of
Lyme disease and other tick-borne related diseases (Part AAA); relat-
ing to establishing a direct support wage enhancement to employees
that provide direct care support or any other form of treatment, to
individuals with developmental disabilities (Part BBB); to amend part
KK of chapter 57 of the laws of 2024 amending the public health law
relating to the creation of a community doula expansion grant program,
and repealing such program upon expiration thereof, in relation to
removing the expiration of such provisions (Part CCC); to amend the
mental hygiene law, in relation to funds received pursuant to a New
York opioid settlement sharing agreement; to amend the state finance
law, in relation to the opioid stewardship fund (Part DDD); to amend
the public health law, in relation to minimum direct resident care
spending by residential health care facilities (Part EEE); to amend
the public health law, in relation to managed long term care plans
(Part FFF); and to amend the public health law, in relation to estab-
lishing the upstate CINERGY demonstration program (Part GGG)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
S. 3007--B 6
Section 1. This act enacts into law major components of legislation
necessary to implement the state health and mental hygiene budget for
the 2025-2026 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through GGG. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
PART A
Section 1. Sections 91 and 92 of part H of chapter 59 of the laws of
2011 relating to the year to year rate of growth of Department of Health
state funds and Medicaid funding are REPEALED.
§ 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of
the laws of 2015, amending the social services law and other laws relat-
ing to supplemental rebates, as amended by section 10 of part BB of
chapter 56 of the laws of 2020, is amended to read as follows:
1-a. section fifty-two of this act shall expire and be deemed repealed
March 31, [2025] 2030;
§ 2. Section 3 of chapter 942 of the laws of 1983, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire December
31, [2025] 2027.
§ 3. Section 3 of chapter 541 of the laws of 1984, relating to foster
family care demonstration programs, as amended by chapter 264 of the
laws of 2021, is amended to read as follows:
§ 3. This section and subdivision two of section two of this act shall
take effect immediately and the remaining provisions of this act shall
take effect on the one hundred twentieth day next thereafter. This act
shall expire December 31, [2025] 2027.
§ 4. Section 6 of chapter 256 of the laws of 1985, amending the social
services law and other laws relating to foster family care demonstration
programs, as amended by chapter 264 of the laws of 2021, is amended to
read as follows:
§ 6. This act shall take effect immediately and shall expire December
31, [2025] 2027 and upon such date the provisions of this act shall be
deemed to be repealed.
§ 5. Intentionally omitted.
§ 6. Subdivision (f) of section 129 of part C of chapter 58 of the
laws of 2009, amending the public health law relating to payment by
governmental agencies for general hospital inpatient services, as
amended by section 2 of part CC of chapter 57 of the laws of 2022, is
amended to read as follows:
(f) section twenty-five of this act shall expire and be deemed
repealed April 1, [2025] 2028;
§ 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of
the laws of 1996, amending the education law and other laws relating to
S. 3007--B 7
rates for residential healthcare facilities, as amended by section 4 of
part CC of chapter 57 of the laws of 2022, is amended to read as
follows:
(a) Notwithstanding any inconsistent provision of law or regulation to
the contrary, effective beginning August 1, 1996, for the period April
1, 1997 through March 31, 1998, April 1, 1998 for the period April 1,
1998 through March 31, 1999, August 1, 1999, for the period April 1,
1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
through March 31, 2001, April 1, 2001, for the period April 1, 2001
through March 31, 2002, April 1, 2002, for the period April 1, 2002
through March 31, 2003, and for the state fiscal year beginning April 1,
2005 through March 31, 2006, and for the state fiscal year beginning
April 1, 2006 through March 31, 2007, and for the state fiscal year
beginning April 1, 2007 through March 31, 2008, and for the state fiscal
year beginning April 1, 2008 through March 31, 2009, and for the state
fiscal year beginning April 1, 2009 through March 31, 2010, and for the
state fiscal year beginning April 1, 2010 through March 31, 2016, and
for the state fiscal year beginning April 1, 2016 through March 31,
2019, and for the state fiscal year beginning April 1, 2019 through
March 31, 2022, and for the state fiscal year beginning April 1, 2022
through March 31, 2025, AND FOR THE STATE FISCAL YEAR BEGINNING APRIL 1,
2025 THROUGH MARCH 31, 2028, the department of health is authorized to
pay public general hospitals, as defined in subdivision 10 of section
2801 of the public health law, operated by the state of New York or by
the state university of New York or by a county, which shall not include
a city with a population of over one million, of the state of New York,
and those public general hospitals located in the county of Westchester,
the county of Erie or the county of Nassau, additional payments for
inpatient hospital services as medical assistance payments pursuant to
title 11 of article 5 of the social services law for patients eligible
for federal financial participation under title XIX of the federal
social security act in medical assistance pursuant to the federal laws
and regulations governing disproportionate share payments to hospitals
up to one hundred percent of each such public general hospital's medical
assistance and uninsured patient losses after all other medical assist-
ance, including disproportionate share payments to such public general
hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on
reported 1994 reconciled data as further reconciled to actual reported
1996 reconciled data, and for 1997 based initially on reported 1995
reconciled data as further reconciled to actual reported 1997 reconciled
data, for 1998 based initially on reported 1995 reconciled data as
further reconciled to actual reported 1998 reconciled data, for 1999
based initially on reported 1995 reconciled data as further reconciled
to actual reported 1999 reconciled data, for 2000 based initially on
reported 1995 reconciled data as further reconciled to actual reported
2000 data, for 2001 based initially on reported 1995 reconciled data as
further reconciled to actual reported 2001 data, for 2002 based initial-
ly on reported 2000 reconciled data as further reconciled to actual
reported 2002 data, and for state fiscal years beginning on April 1,
2005, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2005, and for state fiscal years
beginning on April 1, 2006, based initially on reported 2000 reconciled
data as further reconciled to actual reported data for 2006, for state
fiscal years beginning on and after April 1, 2007 through March 31,
2009, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2007 and 2008, respectively, for state
S. 3007--B 8
fiscal years beginning on and after April 1, 2009, based initially on
reported 2007 reconciled data, adjusted for authorized Medicaid rate
changes applicable to the state fiscal year, and as further reconciled
to actual reported data for 2009, for state fiscal years beginning on
and after April 1, 2010, based initially on reported reconciled data
from the base year two years prior to the payment year, adjusted for
authorized Medicaid rate changes applicable to the state fiscal year,
and further reconciled to actual reported data from such payment year,
and to actual reported data for each respective succeeding year. The
payments may be added to rates of payment or made as aggregate payments
to an eligible public general hospital.
§ 8. Subdivision 3 of section 3018 of the public health law, as added
by chapter 137 of the laws of 2023, is amended to read as follows:
3. This program shall authorize mobile integrated and community param-
edicine programs presently operating and approved by the department as
of May eleventh, two thousand twenty-three, under the authority of Exec-
utive Order Number 4 of two thousand twenty-one, entitled "Declaring a
Statewide Disaster Emergency Due to Healthcare staffing shortages in the
State of New York" to continue in the same manner and capacity as
currently approved for a period of [two] FOUR years following the effec-
tive date of this section.
§ 8-a. Section 2 of chapter 137 of the laws of 2023, amending the
public health law relating to establishing a community-based paramedi-
cine demonstration program, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [2] 4 years after such date; provided, however, that if
this act shall have become a law on or after May 22, 2023 this act shall
take effect immediately and shall be deemed to have been in full force
and effect on and after May 22, 2023.
§ 9. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by chapter 161 of the laws
of 2023, is amended to read as follows:
12. Sections one hundred five-b through one hundred five-f of this act
shall expire June 30, [2025] 2027.
§ 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of
2018, amending the public health law relating to authorizing the commis-
sioner of health to redeploy excess reserves of certain not-for-profit
managed care organizations, as amended by chapter 197 of the laws of
2023, is amended to read as follows:
§ 2. This act shall take effect August 1, 2018 and shall expire and be
deemed repealed August 1, [2025] 2027, but, shall not apply to any enti-
ty or any subsidiary or affiliate of such entity that disposes of all or
a material portion of its assets pursuant to a transaction that: (1) was
the subject of a request for regulatory approval first made to the
commissioner of health between January 1, 2017, and December 31, 2017;
and (2) receives regulatory approval from the commissioner of health
prior to July 31, 2018.
§ 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
amending the public health law, the social services law and the insur-
ance law relating to providing enhanced consumer and provider
protections, as amended by section 1 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
1. sections four, eleven and thirteen of this act shall take effect
immediately and shall expire and be deemed repealed June 30, [2025]
2027;
S. 3007--B 9
§ 12. Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 12 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal years beginning April first, two
thousand ten and ending March thirty-first, two thousand [twenty-five]
TWENTY-SEVEN, the commissioner shall not be required to revise certified
rates of payment established pursuant to this article for rate periods
prior to April first, two thousand [twenty-five] TWENTY-SEVEN, based on
consideration of rate appeals filed by residential health care facili-
ties or based upon adjustments to capital cost reimbursement as a result
of approval by the commissioner of an application for construction under
section twenty-eight hundred two of this article, in excess of an aggre-
gate annual amount of eighty million dollars for each such state fiscal
year provided, however, that for the period April first, two thousand
eleven through March thirty-first, two thousand twelve such aggregate
annual amount shall be fifty million dollars. In revising such rates
within such fiscal limit, the commissioner shall, in prioritizing such
rate appeals, include consideration of which facilities the commissioner
determines are facing significant financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve multiple pending rate appeals
based upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any amounts owed by the facility to the
department, including, but not limited to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described shall continue
on and after April first, two thousand [twenty-five] TWENTY-SEVEN. Rate
adjustments made pursuant to this paragraph remain fully subject to
approval by the director of the budget in accordance with the provisions
of subdivision two of section twenty-eight hundred seven of this arti-
cle.
§ 13. Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as amended by section 13 of part B of chapter 57 of the laws
of 2023, is amended to read as follows:
(a) Notwithstanding any inconsistent provision of law or regulation
and subject to the availability of federal financial participation,
effective April first, two thousand twelve through March thirty-first,
two thousand [twenty-five] TWENTY-SEVEN, payments by government agencies
for services provided by certified home health agencies, except for such
services provided to children under eighteen years of age and other
discreet groups as may be determined by the commissioner pursuant to
regulations, shall be based on episodic payments. In establishing such
payments, a statewide base price shall be established for each sixty day
episode of care and adjusted by a regional wage index factor and an
individual patient case mix index. Such episodic payments may be further
adjusted for low utilization cases and to reflect a percentage limita-
tion of the cost for high-utilization cases that exceed outlier thresh-
olds of such payments.
§ 14. Subdivision 4-a of section 71 of part C of chapter 60 of the
laws of 2014, amending the social services law relating to fair hearings
within the Fully Integrated Duals Advantage program, as amended by
section 27 of part B of chapter 57 of the laws of 2023, is amended to
read as follows:
S. 3007--B 10
4-a. section twenty-two of this act shall take effect April 1, 2014,
and shall be deemed expired January 1, [2026] 2028;
§ 15. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 29
of part B of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996,
(b) sections four through ten shall expire on June 30, [2025] 2027,
and
(c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration of such
section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 16. Subdivision 5-a of section 246 of chapter 81 of the laws of
1995, amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 30 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
and on and after April 1, 2019 through March 31, 2021, and on and after
April 1, 2021 through March 31, 2023, and on and after April 1, 2023
through March 31, 2025, AND ON AND AFTER APRIL 1, 2025 THROUGH MARCH 31,
2027;
§ 17. Section 64-b of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical reimbursement and
welfare reform, as amended by section 31 of part B of chapter 57 of the
laws of 2023, is amended to read as follows:
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, 2025, AND ON AND AFTER APRIL 1, 2025 THROUGH
MARCH 31, 2027.
§ 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
ing chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual rates,
as amended by section 32 of part B of chapter 57 of the laws of 2023, is
amended to read as follows:
S. 3007--B 11
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, 2017 through March 31, [2025] 2027, for inpa-
tient and outpatient services provided by general hospitals, for inpa-
tient services and adult day health care outpatient services provided by
residential health care facilities pursuant to article 28 of the public
health law, except for residential health care facilities or units of
such facilities providing services primarily to children under twenty-
one years of age, for home health care services provided pursuant to
article 36 of the public health law by certified home health agencies,
long term home health care programs and AIDS home care programs, and for
personal care services provided pursuant to section 365-a of the social
services law, the commissioner of health shall apply no greater than
zero trend factors attributable to the 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024 [and], 2025, 2026 AND 2027 calendar years in accordance
with paragraph (c) of subdivision 10 of section 2807-c of the public
health law, provided, however, that such no greater than zero trend
factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022, 2023,
2024 [and], 2025, 2026 AND 2027 calendar years shall also be applied to
rates of payment provided on and after January 1, 2017 through March 31,
[2025] 2027 for personal care services provided in those local social
services districts, including New York city, whose rates of payment for
such services are established by such local social services districts
pursuant to a rate-setting exemption issued by the commissioner of
health to such local social services districts in accordance with appli-
cable regulations; and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary 1, 2017 through March 31, [2025] 2027, such trend factors attribut-
able to the 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 [and], 2025,
2026 AND 2027 calendar years shall be established at no greater than
zero percent.
§ 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 33 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, and on and
after April 1, 2021 through March 31, 2023, and on and after April 1,
2023 through March 31, [2025] 2027;
§ 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 34 of part B of
chapter 57 of the laws of 2023, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
S. 3007--B 12
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, and further provided that for all such gross receipts
received on or after April first, two thousand seventeen through March
thirty-first, two thousand nineteen such assessment shall be six
percent, and further provided that for all such gross receipts received
on or after April first, two thousand nineteen through March thirty-
first, two thousand twenty-one such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand twenty-one through March thirty-first, two
thousand twenty-three such assessment shall be six percent, and further
provided that for all such gross receipts received on or after April
first, two thousand twenty-three through March thirty-first, two thou-
sand twenty-five such assessment shall be six percent, AND FURTHER
PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE SUCH ASSESSMENT SHALL BE SIX PERCENT.
§ 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending
the public health law relating to aiding in the transition to adulthood
for children with medical fragility living in pediatric nursing homes
and other settings, as amended by section 35 of part B of chapter 57 of
the laws of 2023, is amended to read as follows:
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that section one of this
act shall expire and be deemed repealed [four] SIX years after such
effective date; and provided further, that section two of this act shall
expire and be deemed repealed [five] SEVEN years after such effective
date.
§ 22. Section 2 of chapter 633 of the laws of 2006, amending the
public health law relating to the home based primary care for the elder-
ly demonstration project, as amended by section 1 of item OOO of subpart
B of part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed January 1, [2026] 2031.
S. 3007--B 13
§ 23. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 14 of
part B of chapter 57 of the laws of 2023, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2025] 2027.
§ 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56
of the laws of 2022, amending the public health law and other laws
relating to permitting the commissioner of health to submit a waiver
that expands eligibility for New York's basic health program and
increases the federal poverty limit cap for basic health program eligi-
bility from two hundred to two hundred fifty percent, as amended by
section 3 of part J of chapter 57 of the laws of 2024, are amended to
read as follows:
(b) section four of this act shall expire and be deemed repealed
December 31, [2025] 2030; provided, however, the amendments to paragraph
(c) of subdivision 1 of section 369-gg of the social services law made
by such section of this act shall be subject to the expiration and
reversion of such paragraph pursuant to section 2 of part H of chapter
57 of the laws of 2021 when upon such date, the provisions of section
five of this act shall take effect; provided, however, the amendments to
such paragraph made by section five of this act shall expire and be
deemed repealed December 31, [2025] 2030;
(c) section six of this act shall take effect January 1, [2026] 2031;
provided, however, the amendments to paragraph (c) of subdivision 1 of
section 369-gg of the social services law made by such section of this
act shall be subject to the expiration and reversion of such paragraph
pursuant to section 2 of part H of chapter 57 of the laws of 2021 when
upon such date, the provisions of section seven of this act shall take
effect; and
§ 25. Subdivision 10 of section 365-a of the social services law, as
amended by section 1 of part QQ of chapter 57 of the laws of 2022, is
amended to read as follows:
10. The department of health shall establish or procure the services
of an independent assessor or assessors no later than October 1, 2022,
in a manner and schedule as determined by the commissioner of health, to
take over from local departments of social services, Medicaid Managed
Care providers, and Medicaid managed long term care plans performance of
assessments and reassessments required for determining individuals'
needs for personal care services, including as provided through the
consumer directed personal assistance program, and other services or
programs available pursuant to the state's medical assistance program as
determined by such commissioner for the purpose of improving efficiency,
quality, and reliability in assessment and to determine individuals'
eligibility for Medicaid managed long term care plans. Notwithstanding
the provisions of section one hundred sixty-three of the state finance
law, or sections one hundred forty-two and one hundred forty-three of
the economic development law, or any contrary provision of law,
contracts may be entered or the commissioner may amend and extend the
terms of a contract awarded prior to the effective date and entered into
to conduct enrollment broker and conflict-free evaluation services for
the Medicaid program, if such contract or contract amendment is for the
purpose of procuring such assessment services from an independent asses-
sor. Contracts entered into, amended, or extended pursuant to this
subdivision shall not remain in force beyond September 30, [2025] 2026.
S. 3007--B 14
§ 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct-
ing the department of health to establish or procure the services of an
independent panel of clinical professionals and to develop and implement
a uniform task-based assessment tool, as amended by section 3 of part QQ
of chapter 57 of the laws of 2022, is amended to read as follows:
§ 20. The department of health shall establish or procure services of
an independent panel or panels of clinical professionals no later than
October 1, 2022, in a manner and schedule as determined by the commis-
sioner of health, to provide as appropriate independent physician or
other applicable clinician orders for personal care services, including
as provided through the consumer directed personal assistance program,
available pursuant to the state's medical assistance program and to
determine eligibility for the consumer directed personal assistance
program. Notwithstanding the provisions of section 163 of the state
finance law, or sections 142 and 143 of the economic development law, or
any contrary provision of law, contracts may be entered or the commis-
sioner of health may amend and extend the terms of a contract awarded
prior to the effective date and entered into to conduct enrollment
broker and conflict-free evaluation services for the Medicaid program,
if such contract or contract amendment is for the purpose of establish-
ing an independent panel or panels of clinical professionals as
described in this section. Contracts entered into, amended, or extended
pursuant to this section shall not remain in force beyond September 30,
[2025] 2026.
§ 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025 provided,
however, the amendments to subdivision 3 of section 3018 of the public
health law made by section eight of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.
PART C
Intentionally Omitted
PART D
Section 1. The opening paragraph of subparagraph (i) of paragraph (i)
of subdivision 35 of section 2807-c of the public health law, as amended
by section 5 of part D of chapter 57 of the laws of 2024, is amended to
read as follows:
Notwithstanding any inconsistent provision of this subdivision or any
other contrary provision of law and subject to the availability of
federal financial participation, for each state fiscal year from July
first, two thousand ten through December thirty-first, two thousand
twenty-four; and for the calendar year January first, two thousand twen-
ty-five through December thirty-first, two thousand twenty-five; and for
each calendar year thereafter, the commissioner shall make additional
inpatient hospital payments up to the aggregate upper payment limit for
inpatient hospital services after all other medical assistance payments,
but not to exceed two hundred thirty-five million five hundred thousand
dollars for the period July first, two thousand ten through March thir-
ty-first, two thousand eleven, three hundred fourteen million dollars
for each state fiscal year beginning April first, two thousand eleven,
through March thirty-first, two thousand thirteen, and no less than
three hundred thirty-nine million dollars for each state fiscal year
S. 3007--B 15
until December thirty-first, two thousand twenty-four; and then from
calendar year January first, two thousand twenty-five through December
thirty-first, two thousand twenty-five; and for each calendar year ther-
eafter, to general hospitals, other than major public general hospitals,
providing emergency room services and including safety net hospitals,
which shall, for the purpose of this paragraph, be defined as having
either: a Medicaid share of total inpatient hospital discharges of at
least thirty-five percent, including both fee-for-service and managed
care discharges for acute and exempt services; or a Medicaid share of
total discharges of at least thirty percent, including both fee-for-ser-
vice and managed care discharges for acute and exempt services, and also
providing obstetrical services. PROVIDED HOWEVER, THAT IN CALENDAR YEAR
JANUARY FIRST, TWO THOUSAND TWENTY-SIX THROUGH DECEMBER THIRTY-FIRST,
TWO THOUSAND TWENTY-SIX; AND FOR EACH CALENDAR YEAR THEREAFTER, SUCH
ADDITIONAL PAYMENTS SHALL NOT BE MADE IN ANY CALENDAR YEAR IN WHICH THE
MEDICAID RATES OF PAYMENT APPROVED AND IN EFFECT FOR GENERAL HOSPITALS
OPERATED BY THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION AS ESTAB-
LISHED BY CHAPTER ONE THOUSAND SIXTEEN OF THE LAWS OF NINETEEN HUNDRED
SIXTY-NINE, AS AMENDED, RESULT IN SUCH HOSPITALS BEING INELIGIBLE TO
RECEIVE MEDICAID DISPROPORTIONATE SHARE HOSPITAL ("DSH") PAYMENTS FOR
THAT CALENDAR YEAR. Eligibility to receive such additional payments
shall be based on data from the period two years prior to the rate year,
as reported on the institutional cost report submitted to the department
as of October first of the prior rate year. Such payments shall be made
as medical assistance payments for fee-for-service inpatient hospital
services pursuant to title eleven of article five of the social services
law for patients eligible for federal financial participation under
title XIX of the federal social security act and in accordance with the
following:
§ 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision
5-d of section 2807-k of the public health law, as amended by section 1
of part E of chapter 57 of the laws of 2023, is amended to read as
follows:
(A) (1) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals;
(2) FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-FIVE AND THEREAFTER, IN
ANY CALENDAR YEAR IN WHICH THE MEDICAID RATES OF PAYMENT APPROVED AND IN
EFFECT FOR GENERAL HOSPITALS OPERATED BY THE NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION AS ESTABLISHED BY CHAPTER ONE THOUSAND SIXTEEN OF
THE LAWS OF NINETEEN HUNDRED SIXTY-NINE, AS AMENDED, RESULT IN SUCH
HOSPITALS BEING INELIGIBLE TO RECEIVE MEDICAID DSH PAYMENTS FOR THAT
CALENDAR YEAR, THE TOTAL DISTRIBUTIONS TO MAJOR PUBLIC GENERAL HOSPITALS
SHALL BE SUBJECT TO AN AGGREGATE REDUCTION OF ONE HUNDRED THIRTEEN
MILLION FOUR HUNDRED THOUSAND DOLLARS; and
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART E
Section 1. Intentionally omitted.
§ 2. Subdivision 3 of section 364-j of the social services law is
amended by adding a new paragraph (d-4) to read as follows:
(D-4) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE FOLLOWING
MEDICAL ASSISTANCE RECIPIENTS SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
THE MANAGED CARE PROGRAM AUTHORIZED BY THIS SECTION OR OTHER CARE COOR-
S. 3007--B 16
DINATION MODEL ESTABLISHED BY ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW: ANY PERSON WHO IS PERMANENTLY PLACED IN A RESIDENTIAL HEALTH CARE
FACILITY FOR A CONSECUTIVE PERIOD OF THREE MONTHS OR MORE. HOWEVER,
NOTHING IN THIS PARAGRAPH SHOULD BE CONSTRUED TO APPLY TO ENROLLEES IN
THE MEDICAID ADVANTAGE PLUS PROGRAM, DEVELOPED TO ENROLL PERSONS IN
MANAGED LONG-TERM CARE WHO ARE NURSING HOME CERTIFIABLE AND WHO ARE
DUALLY ELIGIBLE PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-F OF THE
PUBLIC HEALTH LAW. IN IMPLEMENTING THIS PROVISION, THE DEPARTMENT SHALL
CONTINUE TO SUPPORT SERVICE DELIVERY AND OUTCOMES THAT RESULT IN COMMU-
NITY LIVING FOR ENROLLEES.
§ 3. Section 364-j of the social services law is amended by adding a
new subdivision 40 to read as follows:
40. (A) THE COMMISSIONER SHALL BE ENTITLED TO PENALIZE MANAGED CARE
PROVIDERS FOR FAILURE TO MEET THE CONTRACTUAL OBLIGATIONS AND PERFORM-
ANCE STANDARDS OF THE EXECUTED CONTRACT BETWEEN THE STATE AND A MANAGED
CARE PROVIDER IN PLACE AT THE TIME OF THE FAILURE.
(B) THE COMMISSIONER SHALL HAVE SOLE DISCRETION IN DETERMINING WHETHER
TO IMPOSE A PENALTY FOR NONCOMPLIANCE WITH ANY PROVISION OF SUCH
CONTRACT.
(C) (I) PENALTIES IMPOSED BY THIS SUBDIVISION AGAINST A MANAGED CARE
PROVIDER SHALL BE FROM TWO HUNDRED FIFTY DOLLARS UP TO TWENTY-FIVE THOU-
SAND DOLLARS PER VIOLATION DEPENDING ON THE SEVERITY OF THE NONCOMPLI-
ANCE AS DETERMINED BY THE COMMISSIONER.
(I-A) ANY PENALTIES ASSESSED AS A RESULT OF THE REVIEW REQUIRED BY
THIS SUBDIVISION SHALL BE DUE AND PAYABLE SIXTY CALENDAR DAYS FROM THE
ISSUANCE OF A STATEMENT OF PENALTIES REGARDLESS OF ANY DISPUTE IN THE
AMOUNT OR INTERPRETATION OF THE AMOUNT CONTAINED WITHIN THE STATEMENT OF
PENALTIES.
(II) THE COMMISSIONER MAY ELECT, IN THEIR SOLE DISCRETION, TO ASSESS
PENALTIES IMPOSED BY THIS SECTION FROM, AND AS A SET OFF AGAINST,
PAYMENTS DUE TO THE MANAGED CARE PROVIDER, OR PAYMENTS THAT BECOME DUE
ANY TIME AFTER THE ASSESSMENT OF PENALTIES. DEDUCTIONS MAY CONTINUE
UNTIL THE FULL AMOUNT OF THE NOTICED PENALTIES ARE PAID IN FULL.
(III) ALL PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS
SUBDIVISION SHALL BE PAID OUT OF THE ADMINISTRATIVE COSTS AND PROFITS OF
THE MANAGED CARE PROVIDER. THE MANAGED CARE PROVIDER SHALL NOT PASS THE
PENALTIES IMPOSED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION
THROUGH TO ANY MEDICAL SERVICES PROVIDER AND/OR SUBCONTRACTOR.
(D) FOR THE PURPOSES OF THIS SUBDIVISION A VIOLATION SHALL MEAN A
DETERMINATION BY THE COMMISSIONER THAT THE MANAGED CARE ORGANIZATION
FAILED TO ACT AS REQUIRED UNDER THE MODEL CONTRACT OR APPLICABLE FEDERAL
AND STATE STATUTES, RULES OR REGULATIONS GOVERNING MANAGED CARE ORGAN-
IZATIONS. FOR THE PURPOSES OF THIS SUBDIVISION, A VIOLATION SHALL ALSO
MEAN EACH INSTANCE FOR WHICH A DETERMINATION HAS BEEN MADE BY THE
COMMISSIONER THAT A MANAGED CARE ORGANIZATION FAILED TO FURNISH NECES-
SARY AND/OR REQUIRED MEDICAL SERVICES OR ITEMS TO EACH ENROLLEE. EACH
DAY THAT AN ONGOING VIOLATION CONTINUES SHALL BE A SEPARATE VIOLATION.
(E) (I) A MANAGED CARE ORGANIZATION MAY DISPUTE THE IMPOSITION OF
PENALTIES IN WRITING, AND IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER, WITHIN THIRTY CALENDAR DAYS FROM THE DATE OF THE STATEMENT
OF PENALTIES.
(II) DISPUTES THAT ARE NOT DELIVERED IN THE FORMAT AND TIMEFRAME SPEC-
IFIED BY THE DEPARTMENT SHALL BE DENIED BY THE DEPARTMENT AND DEEMED
WAIVED BY THE MANAGED CARE ORGANIZATION.
(III) A MANAGED CARE ORGANIZATION SHALL WAIVE ANY ARGUMENTS, MATERI-
ALS, DATA, AND INFORMATION NOT CONTAINED IN OR ACCOMPANYING A TIMELY
S. 3007--B 17
SUBMITTED WRITTEN DISPUTE, INCLUDING FOR USE IN ANY SUBSEQUENT LEGAL OR
ADMINISTRATIVE PROCEEDING.
(IV) NO PENALTIES SHALL BE ASSESSED PURSUANT TO THIS SUBDIVISION WITH-
OUT PROVIDING AN OPPORTUNITY FOR A FORMAL HEARING CONDUCTED IN ACCORD-
ANCE WITH SECTION TWELVE-A OF THE PUBLIC HEALTH LAW.
(F) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT THE IMPOSITION OF
DAMAGES, PENALTIES OR OTHER RELIEF, OTHERWISE AUTHORIZED BY LAW, INCLUD-
ING BUT NOT LIMITED TO CASES OF FRAUD, WASTE OR ABUSE.
(G) THE COMMISSIONER MAY PROMULGATE ANY REGULATIONS NECESSARY TO
IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall apply to disputes filed with the super-
intendent of financial services pursuant to article six of the financial
services law on or after such effective date; provided further, howev-
er, that section two of this act is subject to federal financial partic-
ipation; and provided further, however, that the amendments to section
364-j of the social services law made by sections two and three of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
PART F
Section 1. Section 2807-ff of the public health law, as added by
section 1 of part II of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 2807-ff. New York managed care organization provider tax. 1. The
commissioner, subject to the approval of the director of the budget,
shall: apply for a waiver or waivers of the broad-based and uniformity
requirements related to the establishment of a New York managed care
organization provider tax (the "MCO provider tax") in order to secure
federal financial participation for the costs of the medical assistance
program; [issue regulations to implement the MCO provider tax;] and,
subject to approval by the centers for [medicare and medicaid] MEDICARE
AND MEDICAID services, impose the MCO provider tax as an assessment upon
insurers, health maintenance organizations, and managed care organiza-
tions (COLLECTIVELY REFERRED TO AS "HEALTH PLAN") offering the following
plans or products:
(a) Medical assistance program coverage provided by managed care
providers pursuant to section three hundred sixty-four-j of the social
services law;
(b) A [child] health insurance plan [certified] SERVING INDIVIDUALS
ENROLLED pursuant to [section twenty-five hundred eleven] TITLE 1-A OF
ARTICLE TWENTY-FIVE of this chapter;
(c) Essential plan coverage certified pursuant to [section three
hundred sixty-nine-gg] TITLE 11-D OF ARTICLE FIVE of the social services
law;
(d) Coverage purchased on the New York insurance exchange established
pursuant to section two hundred sixty-eight-b of this chapter; or
(e) Any other comprehensive coverage subject to articles thirty-two,
forty-two and forty-three of the insurance law, or article forty-four of
this chapter.
2. The MCO provider tax shall comply with all relevant provisions of
federal laws, rules and regulations.
3. THE DEPARTMENT SHALL POST ON ITS WEBSITE THE MCO PROVIDER TAX
APPROVAL LETTER BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (THE
"APPROVAL LETTER").
S. 3007--B 18
4. A HEALTH PLAN, AS DEFINED IN SUBDIVISION ONE OF THIS SECTION, SHALL
PAY THE MCO PROVIDER TAX FOR EACH CALENDAR YEAR AS FOLLOWS:
(A) FOR MEDICAID MEMBER MONTHS BELOW TWO HUNDRED FIFTY THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY ONE HUNDRED TWENTY-SIX DOLLARS PER
MEMBER MONTH;
(B) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS BUT LESS THAN FIVE HUNDRED THOUSAND MEMBER
MONTHS, A HEALTH PLAN SHALL PAY EIGHTY-EIGHT DOLLARS PER MEMBER MONTH;
(C) FOR MEDICAID MEMBER MONTHS GREATER THAN OR EQUAL TO FIVE HUNDRED
THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWENTY-FIVE DOLLARS PER
MEMBER MONTH;
(D) FOR ESSENTIAL PLAN MEMBER MONTHS LESS THAN TWO HUNDRED FIFTY THOU-
SAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY THIRTEEN DOLLARS PER MEMBER
MONTH;
(E) FOR ESSENTIAL PLAN MEMBER MONTHS GREATER THAN OR EQUAL TO TWO
HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY SEVEN
DOLLARS PER MEMBER MONTH;
(F) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS, CONSISTING OF
THE POPULATIONS COVERED BY THE PRODUCTS DESCRIBED IN PARAGRAPHS (B),
(D), AND (E) OF SUBDIVISION ONE OF THIS SECTION, LESS THAN TWO HUNDRED
FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL PAY TWO DOLLARS PER
MEMBER MONTH; AND
(G) FOR NON-ESSENTIAL PLAN NON-MEDICAID MEMBER MONTHS GREATER THAN OR
EQUAL TO TWO HUNDRED FIFTY THOUSAND MEMBER MONTHS, A HEALTH PLAN SHALL
PAY ONE DOLLAR AND FIFTY CENTS PER MEMBER MONTH.
5. A HEALTH PLAN SHALL REMIT THE MCO PROVIDER TAX DUE PURSUANT TO THIS
SECTION TO THE COMMISSIONER OR THEIR DESIGNEE QUARTERLY OR AT A FREQUEN-
CY DEFINED BY THE COMMISSIONER.
6. FUNDS ACCUMULATED FROM THE MCO PROVIDER TAX, INCLUDING INTEREST AND
PENALTIES, SHALL BE DEPOSITED AND CREDITED BY THE COMMISSIONER, OR THE
COMMISSIONER'S DESIGNEE, TO THE HEALTHCARE STABILITY FUND ESTABLISHED IN
SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
7. (A) EVERY HEALTH PLAN SUBJECT TO THE APPROVED MCO PROVIDER TAX
SHALL SUBMIT REPORTS IN A FORM PRESCRIBED BY THE COMMISSIONER TO ACCU-
RATELY DISCLOSE INFORMATION REQUIRED TO IMPLEMENT THIS SECTION.
(B) IF A HEALTH PLAN FAILS TO FILE REPORTS REQUIRED PURSUANT TO THIS
SUBDIVISION WITHIN SIXTY DAYS OF THE DATE SUCH REPORTS ARE DUE AND AFTER
NOTIFICATION OF SUCH REPORTING DELINQUENCY, THE COMMISSIONER MAY ASSESS
A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH FAILURE;
PROVIDED, HOWEVER, THAT SUCH CIVIL PENALTY SHALL NOT BE IMPOSED IF THE
HEALTH PLAN DEMONSTRATES GOOD CAUSE FOR THE FAILURE TO TIMELY FILE SUCH
REPORTS.
8. (A) IF A PAYMENT MADE PURSUANT TO THIS SECTION IS NOT TIMELY,
INTEREST SHALL BE PAYABLE IN THE SAME RATE AND MANNER AS DEFINED IN
SUBDIVISION EIGHT OF SECTION TWENTY-EIGHT HUNDRED SEVEN-J OF THIS ARTI-
CLE.
(B) THE COMMISSIONER MAY WAIVE A PORTION OR ALL OF EITHER THE INTEREST
OR PENALTIES, OR BOTH, ASSESSED UNDER THIS SECTION IF THE COMMISSIONER
DETERMINES, IN THEIR SOLE DISCRETION, THAT THE HEALTH PLAN HAS DEMON-
STRATED THAT IMPOSITION OF THE FULL AMOUNT OF THE MCO PROVIDER TAX
PURSUANT TO THE TIMELINES APPLICABLE UNDER THE APPROVAL LETTER HAS A
HIGH LIKELIHOOD OF CREATING AN UNDUE FINANCIAL HARDSHIP FOR THE HEALTH
PLAN OR CREATES A SIGNIFICANT FINANCIAL DIFFICULTY IN PROVIDING NEEDED
SERVICES TO MEDICAID BENEFICIARIES. IN ADDITION, THE COMMISSIONER MAY
WAIVE A PORTION OR ALL OF EITHER THE INTEREST OR PENALTIES, OR BOTH,
ASSESSED UNDER THIS SECTION IF THE COMMISSIONER DETERMINES, IN THEIR
S. 3007--B 19
SOLE DISCRETION, THAT THE HEALTH PLAN DID NOT HAVE THE INFORMATION
NECESSARY FROM THE DEPARTMENT TO PAY THE TAX REQUIRED IN THIS SECTION.
WAIVER OF SOME OR ALL OF THE INTEREST OR PENALTIES PURSUANT TO THIS
SUBDIVISION SHALL BE CONDITIONED ON THE HEALTH PLAN'S AGREEMENT TO MAKE
MCO PROVIDER TAX PAYMENTS ON AN ALTERNATIVE SCHEDULE DEVELOPED BY THE
DEPARTMENT THAT TAKES INTO ACCOUNT THE FINANCIAL SITUATION OF THE HEALTH
PLAN AND THE POTENTIAL IMPACT ON THE DELIVERY OF SERVICES TO MEDICAID
BENEFICIARIES.
(C) OVERPAYMENT BY OR ON BEHALF OF A HEALTH PLAN OF A PAYMENT SHALL BE
APPLIED TO ANY OTHER PAYMENT DUE FROM THE HEALTH PLAN PURSUANT TO THIS
SECTION, OR, IF NO PAYMENT IS DUE, AT THE ELECTION OF THE HEALTH PLAN,
SHALL BE APPLIED TO FUTURE PAYMENTS OR REFUNDED TO THE HEALTH PLAN.
INTEREST SHALL BE PAID ON OVERPAYMENTS FROM THE DATE OF OVERPAYMENT TO
THE DATE OF CREDITING OR REFUNDING AT THE RATE DETERMINED IN ACCORDANCE
WITH THIS SUBDIVISION ONLY IF THE OVERPAYMENT WAS MADE AT THE DIRECTION
OF THE COMMISSIONER. INTEREST UNDER THIS PARAGRAPH SHALL NOT BE PAID IF
THE AMOUNT THEREOF IS LESS THAN ONE DOLLAR.
9. PAYMENTS AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO THE
COMMISSIONER PURSUANT TO THIS SECTION BY A HEALTH PLAN SHALL BE SUBJECT
TO AUDIT BY THE COMMISSIONER FOR A PERIOD OF SIX YEARS FOLLOWING THE
CLOSE OF THE CALENDAR YEAR IN WHICH SUCH PAYMENTS AND REPORTS ARE DUE,
AFTER WHICH SUCH PAYMENTS SHALL BE DEEMED FINAL AND NOT SUBJECT TO
FURTHER ADJUSTMENT OR RECONCILIATION, INCLUDING THROUGH OFFSET ADJUST-
MENTS OR RECONCILIATIONS MADE BY A HEALTH PLAN; PROVIDED, HOWEVER, THAT
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PRECLUDING THE COMMISSION-
ER FROM PURSUING COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS
DELINQUENT WITHIN SUCH SIX-YEAR PERIOD, OR WHICH ARE IDENTIFIED AS
DELINQUENT AS A RESULT OF AN AUDIT COMMENCED WITHIN SUCH SIX-YEAR PERI-
OD, OR FROM CONDUCTING AN AUDIT OF ANY ADJUSTMENT OR RECONCILIATION MADE
BY A HEALTH PLAN, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
SUCH SIX-YEAR PERIOD WHICH ARE FOUND TO BE COMMINGLED WITH PAYMENTS
WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
10. IN THE EVENT OF A MERGER, ACQUISITION, ESTABLISHMENT, OR ANY OTHER
SIMILAR TRANSACTION THAT RESULTS IN THE TRANSFER OF HEALTH PLAN RESPON-
SIBILITY FOR ALL ENROLLEES UNDER THIS SECTION FROM A HEALTH PLAN TO
ANOTHER HEALTH PLAN OR SIMILAR ENTITY, AND THAT OCCURS AT ANY TIME
DURING WHICH THIS SECTION IS EFFECTIVE, THE RESULTANT HEALTH PLAN OR
SIMILAR ENTITY SHALL BE RESPONSIBLE FOR PAYING THE FULL TAX AMOUNT AS
PROVIDED IN THIS SECTION THAT WOULD HAVE BEEN THE RESPONSIBILITY OF THE
HEALTH PLAN TO WHICH THAT FULL TAX AMOUNT WAS ASSESSED UPON THE EFFEC-
TIVE DATE OF ANY SUCH TRANSACTION. IF A MERGER, ACQUISITION, ESTABLISH-
MENT, OR ANY OTHER SIMILAR TRANSACTION RESULTS IN THE TRANSFER OF HEALTH
PLAN RESPONSIBILITY FOR ONLY SOME OF A HEALTH PLAN'S ENROLLEES UNDER
THIS SECTION BUT NOT ALL ENROLLEES, THE FULL TAX AMOUNT AS PROVIDED IN
THIS SECTION SHALL REMAIN THE RESPONSIBILITY OF THAT HEALTH PLAN TO
WHICH THAT FULL TAX AMOUNT WAS ASSESSED.
§ 2. Section 99-rr of the state finance law, as added by section 2 of
part II of chapter 57 of the laws of 2024, is renumbered section 99-ss
and is amended to read to as follows:
§ 99-ss. Healthcare stability fund. 1. There is hereby established in
the joint custody of the state comptroller and the commissioner of taxa-
tion and finance a special fund to be known as the "healthcare stability
fund" ("fund").
2. (A) The fund shall consist of monies received from the imposition
of the centers for medicare and medicaid services-approved MCO provider
tax established pursuant to section twenty-eight hundred seven-ff of the
S. 3007--B 20
public health law, and all other monies appropriated, credited, or
transferred thereto from any other fund or source pursuant to law.
(B) THE POOL ADMINISTRATOR UNDER CONTRACT WITH THE COMMISSIONER OF
HEALTH PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-Y OF THE PUBLIC
HEALTH LAW SHALL COLLECT MONEYS REQUIRED TO BE COLLECTED AS A RESULT OF
THE IMPLEMENTATION OF THE MCO PROVIDER TAX.
3. Notwithstanding any provision of law to the contrary and subject to
available legislative appropriation and approval of the director of the
budget, monies of the fund may be available [for] TO THE DEPARTMENT OF
HEALTH FOR THE PURPOSE OF:
(a) funding the non-federal share of increased capitation payments to
managed care providers, as defined in section three hundred sixty-four-j
of the social services law, for the medical assistance program, pursuant
to a plan developed and approved by the director of the budget;
(b) funding the non-federal share of the medical assistance program,
including supplemental support for the delivery of health care services
to medical assistance program enrollees and quality incentive programs;
(c) reimbursement to the general fund for expenditures incurred in the
medical assistance program, including, but not limited to, reimbursement
pursuant to a savings allocation plan established in accordance with
section ninety-two of part H of chapter fifty-nine of the laws of two
thousand eleven, as amended; and
(d) transfer to the capital projects fund, or any other capital
projects fund of the state to support the delivery of health care
services.
4. THE MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY THE COMMISSIONER.
[4.] 5. Monies disbursed from the fund shall be exempt from the calcu-
lation of department of health state funds medicaid expenditures under
subdivision one of section ninety-two of part H of chapter fifty-nine of
the laws of two thousand eleven, as amended.
[5.] 6. Monies in such fund shall be kept separate from and shall not
be commingled with any other monies in the custody of the comptroller or
the commissioner of taxation and finance. Any monies of the fund not
required for immediate use may, at the discretion of the comptroller, in
consultation with the director of the budget, be invested by the comp-
troller in obligations of the United States or the state. Any income
earned by the investment of such monies shall be added to and become a
part of and shall be used for the purposes of such fund.
[6.] 7. The director of the budget shall provide quarterly reports to
the speaker of the assembly, the temporary president of the senate, the
chair of the senate finance committee and the chair of the assembly ways
and means committee, on the receipts and distributions of the healthcare
stability fund, including an itemization of such receipts and disburse-
ments, the historical and projected expenditures, and the projected fund
balance.
8. THE COMPTROLLER SHALL PROVIDE THE POOL ADMINISTRATOR WITH ANY
INFORMATION NEEDED, IN A FORM OR FORMAT PRESCRIBED BY THE POOL ADMINIS-
TRATOR, TO MEET REPORTING REQUIREMENTS AS SET FORTH IN SECTION TWENTY-
EIGHT HUNDRED SEVEN-Y OF THE PUBLIC HEALTH LAW OR AS OTHERWISE PROVIDED
BY LAW.
§ 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
S. 3007--B 21
for-service Medicaid rates, as amended by section 1 of part NN of chap-
ter 57 of the laws of 2024, is amended to read as follows:
§ 1-a. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of hospital inpatient services
shall be subject to a uniform rate increase of seven and one-half
percent in addition to the increase contained in section one of this
act, subject to the approval of the commissioner of health and the
director of the budget. Notwithstanding any provision of law to the
contrary, for the state fiscal years beginning April 1, 2023, and there-
after, Medicaid payments made for the operating component of hospital
outpatient services shall be subject to a uniform rate increase of six
and one-half percent in addition to the increase contained in section
one of this act, subject to the approval of the commissioner of health
and the director of the budget. Notwithstanding any provision of law to
the contrary, for the period April 1, 2024 through March 31, 2025 Medi-
caid payments made for hospital services shall be increased by an aggre-
gate amount of up to $525,000,000 in addition to the increase contained
in sections one and one-b of this act subject to the approval of the
commissioner of health and the director of the budget. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGIN-
NING APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPER-
ATING COMPONENT OF HOSPITAL OUTPATIENT SERVICES SHALL BE SUBJECT TO A
UNIFORM RATE INCREASE PURSUANT TO A PLAN APPROVED BY THE DIRECTOR OF THE
BUDGET IN ADDITION TO THE APPLICABLE INCREASE CONTAINED IN SECTION ONE
OF THIS ACT AND THIS SECTION, SUBJECT TO THE APPROVAL OF THE COMMISSION-
ER OF HEALTH AND THE DIRECTOR OF THE BUDGET. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, FOR THE PERIOD APRIL 1, 2025, AND
THEREAFTER, MEDICAID PAYMENTS MADE FOR HOSPITAL SERVICES SHALL BE
INCREASED BY AN AGGREGATE AMOUNT OF UP TO $725,000,000 IN ADDITION TO
THE INCREASE CONTAINED IN SECTION ONE OF THIS ACT AND THIS SECTION,
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR
OF THE BUDGET. Such rate increases shall be subject to federal financial
participation AND THE PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS
ACT.
§ 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 2 of part NN of chap-
ter 57 of the laws of 2024, is amended to read as follows:
§ 1-b. (1) Notwithstanding any provision of law to the contrary, for
the state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of residential health care
facilities services shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in subdivision 1 of
section 1 of this part, subject to the approval of the commissioner of
the department of health and the director of the division of the budget;
provided, however, that such Medicaid payments shall be subject to a
uniform rate increase of up to 7.5 percent in addition to the increase
contained in subdivision 1 of section 1 of this part contingent upon
approval of the commissioner of the department of health, the director
of the division of the budget, and the Centers for Medicare and Medicaid
Services. Notwithstanding any provision of law to the contrary, for the
period BEGINNING April 1, 2024 [through March 31, 2025], AND ANNUALLY
THEREAFTER Medicaid payments made for nursing home services shall be
increased by an aggregate amount of up to $285,000,000 in addition to
the increase contained in THIS SECTION AND sections one and one-c of
S. 3007--B 22
this act subject to the approval of the commissioner of health and the
director of the budget. Such rate increases shall be subject to federal
financial participation. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOR STATE FISCAL YEARS BEGINNING APRIL 1, 2025, AND THEREAFTER
MEDICAID PAYMENTS MADE FOR NURSING HOME SERVICES SHALL BE INCREASED BY
AN AGGREGATE AMOUNT OF UP TO $500,000,000 IN ADDITION TO THE INCREASE
CONTAINED IN SECTION ONE OF THIS ACT AND THIS SECTION, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET.
SUCH RATE INCREASES SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION
AND THE PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS ACT.
(2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR STATE
FISCAL YEARS BEGINNING APRIL 1, 2025, AND THEREAFTER, PURSUANT TO THE
INCREASES IN THIS SECTION AND SECTION ONE OF THIS ACT, MEDICAID PAYMENTS
MADE FOR THE OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE FACILITIES
SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE AT A PERCENTAGE
WHICH PROVIDES AN AGGREGATE AMOUNT OF UP TO ONE HUNDRED MILLION DOLLARS,
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE DEPARTMENT OF HEALTH
AND THE DIRECTOR OF THE DIVISION OF THE BUDGET. SUCH RATE INCREASES
SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION; PROVIDED HOWEVER
THAT THE STATE SHARE OF SUCH INCREASES MAY BE PAID REGARDLESS OF
APPROVAL BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES.
§ 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022
providing a one percent across the board payment increase to all quali-
fying fee-for-service Medicaid rates, are renumbered sections 1-d and
1-e and a new section 1-c is added to read as follows:
§ 1-C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
PERIOD APRIL 1, 2025, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR CLINIC
SERVICE PROVIDED BY FEDERALLY QUALIFIED HEALTH CENTERS AND DIAGNOSTIC
AND TREATMENT CENTERS SHALL BE INCREASED BY AN AGGREGATE AMOUNT OF UP TO
$100,000,000 IN ADDITION TO ANY APPLICABLE INCREASE CONTAINED IN SECTION
ONE OF THIS ACT SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASES SHALL BE SUBJECT TO
FEDERAL FINANCIAL PARTICIPATION AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 3 of part NN of chap-
ter 57 of the laws of 2024, and as renumbered by section five of this
act, is amended to read as follows:
§ 1-d. Notwithstanding any provision of law to the contrary, for the
state fiscal years beginning April 1, 2023, and thereafter, Medicaid
payments made for the operating component of assisted living programs as
defined by paragraph (a) of subdivision one of section 461-l of the
social services law shall be subject to a uniform rate increase of 6.5
percent in addition to the increase contained in section one of this
part, subject to the approval of the commissioner of the department of
health and the director of division of the budget. Notwithstanding any
provision of law to the contrary, for the period April 1, 2024 through
March 31, 2025, Medicaid payments for assisted living programs shall be
increased by up to $15,000,000 in addition to the increase contained in
this section subject to the approval of the commissioner of health and
the director of the budget. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND
THEREAFTER, MEDICAID PAYMENTS FOR ASSISTED LIVING PROGRAMS SHALL BE
INCREASED BY UP TO $30,000,000 IN ADDITION TO THE INCREASE CONTAINED IN
THIS SECTION SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND
S. 3007--B 23
THE DIRECTOR OF THE BUDGET. Such rate increases shall be subject to
federal financial participation AND THE PROVISIONS ESTABLISHED UNDER
SECTION ONE-F OF THIS ACT.
§ 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as added by section 4 of part NN of chapter
57 of the laws of 2024, and as renumbered by section five of this act,
is amended and six new sections 1-f, 1-g, 1-h, 1-i, 1-j, and 1-k are
added to read as follows:
§ 1-e. Such increases as added by the chapter of the laws of 2024 that
added this section may take the form of increased rates of payment in
Medicaid fee-for-service and/or Medicaid managed care, lump sum
payments, or state directed payments under 42 CFR 438.6(c). Such rate
increases shall be subject to federal financial participation AND THE
PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS ACT.
§ 1-F. SUCH INCREASES AS ADDED BY THE CHAPTER OF THE LAWS OF 2025 THAT
ADDED THIS SECTION SHALL BE CONTINGENT UPON THE AVAILABILITY OF FUNDS
WITHIN THE HEALTHCARE STABILITY FUND ESTABLISHED BY SECTION 99-SS OF THE
STATE FINANCE LAW. UPON A DETERMINATION BY THE DIRECTOR OF THE BUDGET
THAT THE BALANCE OF SUCH FUND IS PROJECTED TO BE INSUFFICIENT TO SUPPORT
THE CONTINUATION OF SUCH INCREASES, THE COMMISSIONER OF HEALTH, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL TAKE STEPS NECES-
SARY TO SUSPEND OR TERMINATE SUCH INCREASES, UNTIL A DETERMINATION IS
MADE THAT THERE ARE SUFFICIENT BALANCES TO SUPPORT THESE INCREASES.
§ 1-G. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND THEREAFTER, MEDICAID
PAYMENTS FOR PHYSICIANS SHALL BE INCREASED BY UP TO $100,000,000
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIREC-
TOR OF THE BUDGET.
§ 1-H. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND THEREAFTER, MEDICAID
PAYMENTS FOR EARLY INTERVENTION PROVIDERS SHALL BE INCREASED BY UP
TO $90,000,000 SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET.
§ 1-I. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND THEREAFTER, MEDICAID
PAYMENTS FOR CERTIFIED HOME HEALTH AGENCIES SHALL BE INCREASED BY UP
TO $30,000,000 SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET.
§ 1-J. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND THEREAFTER, MEDICAID
PAYMENTS FOR EMERGENCY MEDICAL SERVICE PROVIDERS SHALL BE INCREASED
BY UP TO $20,000,000 SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF
HEALTH AND THE DIRECTOR OF THE BUDGET.
§ 1-K. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
STATE FISCAL YEARS BEGINNING ON APRIL 1, 2025 AND THEREAFTER, MEDICAID
PAYMENTS FOR DENTAL PROVIDERS SHALL BE INCREASED BY UP TO $20,000,000
SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIREC-
TOR OF THE BUDGET.
§ 7-a. Paragraph (b) of subdivision 8 of section 2807 of the public
health law, as added by section 28 of part B of chapter 1 of the laws of
2002, is amended to read as follows:
(b) For each twelve month period following September thirtieth, two
thousand one AND CONTINUING THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND
TWENTY-FIVE, the operating cost component of such rates of payment shall
reflect the operating cost component in effect on September thirtieth of
S. 3007--B 24
the prior period as increased by the percentage increase in the Medicare
Economic Index as computed in accordance with the requirements of 42 USC
§ 1396a(aa)(3) and as adjusted pursuant to applicable regulations to
take into account any increase or decrease in the scope of services
furnished by the facility. FOR EACH TWELVE MONTH PERIOD FOLLOWING
SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FIVE, THE OPERATING COST COMPO-
NENT SHALL BE CALCULATED CONSISTENT WITH RATES OF PAYMENT ESTABLISHED
PURSUANT TO PARAGRAPH (C-1) OF THIS SUBDIVISION, AND THEN ANNUALLY
ADJUSTED BY USING THE FQHC MARKET BASKET INFLATOR AS CALCULATED UNDER
FEDERAL LAW, AND AS ADJUSTED PURSUANT TO APPLICABLE REGULATIONS TO TAKE
INTO ACCOUNT ANY INCREASE OR DECREASE IN THE SCOPE OF SERVICES FURNISHED
BY THE FACILITY; PROVIDED, HOWEVER, THAT NO FACILITY SHALL BE SUBJECT TO
AN OPERATING COST COMPONENT LOWER THAN WHAT WAS APPLIED PRIOR TO SEPTEM-
BER THIRTIETH, TWO THOUSAND TWENTY-FIVE.
§ 7-b. Subdivision 8 of section 2807 of the public health law is
amended by adding a new paragraph (c-1) to read as follows:
(C-1) AS SOON AS PRACTICABLE THE DEPARTMENT SHALL ANALYZE THE ACTUAL
FEDERALLY QUALIFIED HEALTH CENTER COSTS FILED AS REQUIRED BY DEPARTMENT
REGULATIONS, DURING THE PRIOR FIVE YEAR REPORTING PERIODS. IN ADDITION
TO SUCH DATA, THE COMMISSIONER SHALL CONSIDER THE SCOPE OF SERVICES,
INCLUDING TYPE, INTENSITY, DURATION AND AMOUNT, PROVIDED BY SUCH FACILI-
TIES; STAFFING TO MEET COMPETITIVE MARKET AND CASE MIX NEEDS OF POPU-
LATIONS SERVED; PHYSICAL PLANT AND MAINTENANCE COSTS; INFRASTRUCTURE
COSTS; TECHNOLOGY COSTS ASSOCIATED WITH TELEHEALTH MODALITY OF SERVICE
DELIVERY; INFORMATIONAL TECHNOLOGY COSTS; AND OTHER COSTS DEEMED NECES-
SARY BY THE COMMISSIONER. NOTWITHSTANDING ANY OTHER STATUTE, RULE, OR
REGULATION OTHERWISE IMPOSING CEILINGS OR CAPS ON PAYMENTS TO FEDERALLY
QUALIFIED HEALTH CENTERS, PROVIDED THAT SUCH PAYMENTS ARE STILL SUBJECT
TO FEDERAL FINANCIAL PARTICIPATION, BEGINNING ON APRIL FIRST, TWO THOU-
SAND TWENTY-FIVE, AND THEN AGAIN EVERY THREE YEARS THEREAFTER, THE
DEPARTMENT SHALL DEVELOP AND ISSUE UPDATED RATES OF PAYMENTS REFLECTING
THE ACTUAL COSTS AND UPDATED AGGREGATED DATA CONSISTENT WITH THE METHOD-
OLOGY DESCRIBED IN THIS PARAGRAPH; PROVIDED, HOWEVER, THAT NO FACILITY
SHALL BE SUBJECT TO A RATE THAT IS LESS THAN THE RATE USED PRIOR TO
SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FIVE.
§ 7-c. Subparagraph (iv) of paragraph (b) of subdivision 2-b of
section 2808 of the public health law, as amended by section 2 of part E
of chapter 57 of the laws of 2024, is amended to read as follows:
(iv) The capital cost component of rates on and after January first,
two thousand nine shall: (A) fully reflect the cost of local property
taxes and payments made in lieu of local property taxes, as reported in
each facility's cost report submitted for the year two years prior to
the rate year; (B) provided, however, notwithstanding any inconsistent
provision of this article, commencing April first, two thousand twenty
for rates of payment for patients eligible for payments made by state
governmental agencies, the capital cost component determined in accord-
ance with this subparagraph and inclusive of any shared savings for
eligible facilities that elect to refinance their mortgage loans pursu-
ant to paragraph (d) of subdivision two-a of this section, shall be
reduced by the commissioner by five percent; and (C) provided, however,
notwithstanding any inconsistent provision of this article, commencing
April first, two thousand twenty-four AND ENDING ON MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-FIVE, for rates of payment for patients eligible for
payments made by state governmental agencies, the capital cost component
determined in accordance with this subparagraph and inclusive of any
shared savings for eligible facilities that elect to refinance their
S. 3007--B 25
mortgage loans pursuant to paragraph (d) of subdivision two-a of this
section, shall be reduced by the commissioner by an additional ten
percent, provided, however, that such reduction shall not apply to rates
of payment for patients in pediatric residential health care facilities
as defined in paragraph (c) of subdivision two of section twenty-eight
hundred eight-e of this article.
§ 7-d. Paragraph (c) of subdivision 8 of section 2807-c of the public
health law, as amended by section 1 of part D of chapter 57 of the laws
of 2024, is amended to read as follows:
(c) In order to reconcile capital related inpatient expenses included
in rates of payment based on a budget to actual expenses and statistics
for the rate period for a general hospital, rates of payment for a
general hospital shall be adjusted to reflect the dollar value of the
difference between capital related inpatient expenses included in the
computation of rates of payment for a prior rate period based on a budg-
et and actual capital related inpatient expenses for such prior rate
period, each as determined in accordance with paragraph (a) of this
subdivision, adjusted to reflect increases or decreases in volume of
service in such prior rate period compared to statistics applied in
determining the capital related inpatient expenses component of rates of
payment based on a budget for such prior rate period.
For rates effective April first, two thousand twenty through March
thirty-first, two thousand twenty-one, the budgeted capital-related
expenses add-on as described in paragraph (a) of this subdivision, based
on a budget submitted in accordance to paragraph (a) of this subdivi-
sion, shall be reduced by five percent relative to the rate in effect on
such date; and the actual capital expenses add-on as described in para-
graph (a) of this subdivision, based on actual expenses and statistics
through appropriate audit procedures in accordance with paragraph (a) of
this subdivision shall be reduced by five percent relative to the rate
in effect on such date.
For rates effective April first, two thousand twenty-one through
September thirtieth, two thousand twenty-four, the budgeted capital-re-
lated expenses add-on as described in paragraph (a) of this subdivision,
based on a budget submitted in accordance to paragraph (a) of this
subdivision, shall be reduced by ten percent relative to the rate in
effect on such date; and the actual capital expenses add-on as described
in paragraph (a) of this subdivision, based on actual expenses and
statistics through appropriate audit procedures in accordance with para-
graph (a) of this subdivision shall be reduced by ten percent relative
to the rate in effect on such date.
For rates effective on and after October first, two thousand twenty-
four, the budgeted capital-related expenses add-on as described in para-
graph (a) of this subdivision, based on a budget submitted in accordance
with paragraph (a) of this subdivision, shall be reduced by [twenty] TEN
percent relative to the rate in effect on such date; and the actual
capital expenses add-on as described in paragraph (a) of this subdivi-
sion shall be reduced by [twenty] TEN percent relative to the rate in
effect on such date.
For any rate year, all reconciliation add-on amounts calculated for
the period of April first, two thousand twenty through September thirti-
eth, two thousand twenty-four shall be reduced by ten percent, and all
reconciliation recoupment amounts calculated for the period of April
first, two thousand twenty through September thirtieth, two thousand
twenty-four shall increase by ten percent.
S. 3007--B 26
For any rate year, all reconciliation add-on amounts calculated on and
after October first, two thousand twenty-four shall be reduced by [twen-
ty] TEN percent, and all reconciliation recoupment amounts calculated on
or after October first, two thousand twenty-four shall increase by
[twenty] TEN percent.
Notwithstanding any inconsistent provision of subparagraph (i) of
paragraph (e) of subdivision nine of this section, capital related inpa-
tient expenses of a general hospital included in the computation of
rates of payment based on a budget shall not be included in the computa-
tion of a volume adjustment made in accordance with such subparagraph.
Adjustments to rates of payment for a general hospital made pursuant to
this paragraph shall be made in accordance with paragraph (c) of subdi-
vision eleven of this section. Such adjustments shall not be carried
forward except for such volume adjustment as may be authorized in
accordance with subparagraph (i) of paragraph (e) of subdivision nine of
this section for such general hospital.
§ 8. This act shall take effect immediately; provided, however, that
sections three, four, five, six, seven, seven-a, seven-b, seven-c, and
seven-d of this act shall be deemed to have been in full force and
effect on and after April 1, 2025; and provided further, however, that
modifications made to rates, or reconciliation add-on amounts or recoup-
ments as outlined in sections four, five, six, seven, seven-a, seven-b,
seven-c, and seven-d of this act shall be applied on a prospective
basis.
PART G
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part K of chapter 57 of the laws of 2024, is
amended to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
S. 3007--B 27
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
and June 30, 2020, between July 1, 2020 and June 30, 2021, between July
1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023,
between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 and
June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 or reimburse
the hospital where the hospital purchases equivalent excess coverage as
defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this
section for medical or dental malpractice occurrences between July 1,
1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between
July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991,
between July 1, 1991 and June 30, 1992, between July 1, 1992 and June
30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994
and June 30, 1995, between July 1, 1995 and June 30, 1996, between July
1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998,
between July 1, 1998 and June 30, 1999, between July 1, 1999 and June
30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001
and June 30, 2002, between July 1, 2002 and June 30, 2003, between July
1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005,
between July 1, 2005 and June 30, 2006, between July 1, 2006 and June
30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008
and June 30, 2009, between July 1, 2009 and June 30, 2010, between July
1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012,
between July 1, 2012 and June 30, 2013, between July 1, 2013 and June
30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015
and June 30, 2016, between July 1, 2016 and June 30, 2017, between July
1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019,
between July 1, 2019 and June 30, 2020, between July 1, 2020 and June
30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022
and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between
July 1, 2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30,
2026 for physicians or dentists certified as eligible for each such
period or periods pursuant to subdivision 2 of this section by a general
hospital licensed pursuant to article 28 of the public health law;
provided that no single insurer shall write more than fifty percent of
the total excess premium for a given policy year; and provided, however,
that such eligible physicians or dentists must have in force an individ-
ual policy, from an insurer licensed in this state of primary malprac-
tice insurance coverage in amounts of no less than one million three
hundred thousand dollars for each claimant and three million nine
hundred thousand dollars for all claimants under that policy during the
period of such excess coverage for such occurrences or be endorsed as
additional insureds under a hospital professional liability policy which
is offered through a voluntary attending physician ("channeling")
program previously permitted by the superintendent of financial services
during the period of such excess coverage for such occurrences. During
such period, such policy for excess coverage or such equivalent excess
coverage shall, when combined with the physician's or dentist's primary
malpractice insurance coverage or coverage provided through a voluntary
attending physician ("channeling") program, total an aggregate level of
two million three hundred thousand dollars for each claimant and six
S. 3007--B 28
million nine hundred thousand dollars for all claimants from all such
policies with respect to occurrences in each of such years provided,
however, if the cost of primary malpractice insurance coverage in excess
of one million dollars, but below the excess medical malpractice insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance coverage in excess of one million dollars for each claimant shall
be in an amount of not less than the dollar amount of such coverage
available at nine percent per annum; the required level of such coverage
for all claimants under that policy shall be in an amount not less than
three times the dollar amount of coverage for each claimant; and excess
coverage, when combined with such primary malpractice insurance cover-
age, shall increase the aggregate level for each claimant by one million
dollars and three million dollars for all claimants; and provided
further, that, with respect to policies of primary medical malpractice
coverage that include occurrences between April 1, 2002 and June 30,
2002, such requirement that coverage be in amounts no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part K of chapter 57 of the laws of 2024, is amended to read as follows:
(3)(a) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance for medical or dental malpractice
occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013,
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016
and June 30, 2017, between July 1, 2017 and June 30, 2018, between July
1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
between July 1, 2020 and June 30, 2021, between July 1, 2021 and June
30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023
and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, AND
BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allocable to each general hospi-
tal for physicians or dentists certified as eligible for purchase of a
policy for excess insurance coverage by such general hospital in accord-
ance with subdivision 2 of this section, and may amend such determi-
nation and certification as necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
S. 3007--B 29
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
between July 1, 2021 and June 30, 2022, between July 1, 2022 and June
30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1,
2024 and June 30, 2025, AND BETWEEN JULY 1, 2025 AND JUNE 30, 2026 allo-
cable to each general hospital for physicians or dentists certified as
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage by such general hospital in accordance with
subdivision 2 of this section, and may amend such determination and
certification as necessary. The superintendent of financial services
shall determine and certify to each general hospital and to the commis-
sioner of health the ratable share of such cost allocable to the period
July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June
30, 1988, to the period July 1, 1988 to December 31, 1988, to the period
January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December
31, 1989, to the period January 1, 1990 to June 30, 1990, to the period
July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June
30, 1991, to the period July 1, 1991 to December 31, 1991, to the period
January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
S. 3007--B 30
period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
30, 2019, to the period July 1, 2019 to June 30, 2020, to the period
July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30,
2022, to the period July 1, 2022 to June 30, 2023, to the period July 1,
2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30,
2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE 30, 2026.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
18 of chapter 266 of the laws of 1986, amending the civil practice law
and rules and other laws relating to malpractice and professional
medical conduct, as amended by section 3 of part K of chapter 57 of the
laws of 2024, are amended to read as follows:
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
30, 2012, during the period July 1, 2012 to June 30, 2013, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
during the period July 1, 2019 to June 30, 2020, during the period July
1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30,
2022, during the period July 1, 2022 to June 30, 2023, during the period
July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to
June 30, 2025, AND DURING THE PERIOD JULY 1, 2025 TO JUNE 30 2026 allo-
cated or reallocated in accordance with paragraph (a) of subdivision 4-a
of this section to rates of payment applicable to state governmental
agencies, each physician or dentist for whom a policy for excess insur-
ance coverage or equivalent excess coverage is purchased for such period
shall be responsible for payment to the provider of excess insurance
coverage or equivalent excess coverage of an allocable share of such
insufficiency, based on the ratio of the total cost of such coverage for
such physician to the sum of the total cost of such coverage for all
physicians applied to such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
S. 3007--B 31
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, or covering the peri-
od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or
covering the period July 1, 2024 to June 30, 2025, OR COVERING THE PERI-
OD JULY 1, 2025 TO JUNE 30, 2026 shall notify a covered physician or
dentist by mail, mailed to the address shown on the last application for
excess insurance coverage or equivalent excess coverage, of the amount
due to such provider from such physician or dentist for such coverage
period determined in accordance with paragraph (a) of this subdivision.
Such amount shall be due from such physician or dentist to such provider
of excess insurance coverage or equivalent excess coverage in a time and
manner determined by the superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
S. 3007--B 32
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, or covering the period July 1,
2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
2023, or covering the period July 1, 2023 to June 30, 2024, or covering
the period July 1, 2024 to June 30, 2025, OR COVERING THE PERIOD JULY 1,
2025 TO JUNE 30, 2026 determined in accordance with paragraph (a) of
this subdivision fails, refuses or neglects to make payment to the
provider of excess insurance coverage or equivalent excess coverage in
such time and manner as determined by the superintendent of financial
services pursuant to paragraph (b) of this subdivision, excess insurance
coverage or equivalent excess coverage purchased for such physician or
dentist in accordance with this section for such coverage period shall
be cancelled and shall be null and void as of the first day on or after
the commencement of a policy period where the liability for payment
pursuant to this subdivision has not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
covering the period July 1, 2021 to June 30, 2022, or covering the peri-
od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to
June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, OR
COVERING THE PERIOD JULY 1, 2025 TO JUNE 30, 2026 that has made payment
to such provider of excess insurance coverage or equivalent excess
coverage in accordance with paragraph (b) of this subdivision and of
each physician and dentist who has failed, refused or neglected to make
such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
S. 3007--B 33
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
to the period July 1, 2014 to June 30, 2015, and to the period July 1,
2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
and to the period July 1, 2020 to June 30, 2021, and to the period July
1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30,
2023, and to the period July 1, 2023 to June 30, 2024, and to the period
July 1, 2024 to June 30, 2025, AND TO THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 received from the hospital excess liability pool for purchase
of excess insurance coverage or equivalent excess coverage covering the
period July 1, 1992 to June 30, 1993, and covering the period July 1,
1993 to June 30, 1994, and covering the period July 1, 1994 to June 30,
1995, and covering the period July 1, 1995 to June 30, 1996, and cover-
ing the period July 1, 1996 to June 30, 1997, and covering the period
July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to
June 30, 1999, and covering the period July 1, 1999 to June 30, 2000,
and covering the period July 1, 2000 to June 30, 2001, and covering the
period July 1, 2001 to October 29, 2001, and covering the period April
1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June
30, 2003, and covering the period July 1, 2003 to June 30, 2004, and
covering the period July 1, 2004 to June 30, 2005, and covering the
period July 1, 2005 to June 30, 2006, and covering the period July 1,
2006 to June 30, 2007, and covering the period July 1, 2007 to June 30,
2008, and covering the period July 1, 2008 to June 30, 2009, and cover-
ing the period July 1, 2009 to June 30, 2010, and covering the period
July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to
June 30, 2012, and covering the period July 1, 2012 to June 30, 2013,
and covering the period July 1, 2013 to June 30, 2014, and covering the
period July 1, 2014 to June 30, 2015, and covering the period July 1,
2015 to June 30, 2016, and covering the period July 1, 2016 to June 30,
2017, and covering the period July 1, 2017 to June 30, 2018, and cover-
ing the period July 1, 2018 to June 30, 2019, and covering the period
July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to
June 30, 2021, and covering the period July 1, 2021 to June 30, 2022,
and covering the period July 1, 2022 to June 30, 2023 for, and covering
the period July 1, 2023 to June 30, 2024, and covering the period July
1, 2024 to June 30, 2025, AND COVERING THE PERIOD JULY 1, 2025 TO JUNE
30, 2026 a physician or dentist where such excess insurance coverage or
equivalent excess coverage is cancelled in accordance with paragraph (c)
of this subdivision.
§ 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 4 of part K of chap-
ter 57 of the laws of 2024, is amended to read as follows:
S. 3007--B 34
§ 40. The superintendent of financial services shall establish rates
for policies providing coverage for physicians and surgeons medical
malpractice for the periods commencing July 1, 1985 and ending June 30,
[2025] 2026; provided, however, that notwithstanding any other provision
of law, the superintendent shall not establish or approve any increase
in rates for the period commencing July 1, 2009 and ending June 30,
2010. The superintendent shall direct insurers to establish segregated
accounts for premiums, payments, reserves and investment income attrib-
utable to such premium periods and shall require periodic reports by the
insurers regarding claims and expenses attributable to such periods to
monitor whether such accounts will be sufficient to meet incurred claims
and expenses. On or after July 1, 1989, the superintendent shall impose
a surcharge on premiums to satisfy a projected deficiency that is
attributable to the premium levels established pursuant to this section
for such periods; provided, however, that such annual surcharge shall
not exceed eight percent of the established rate until July 1, [2025]
2026, at which time and thereafter such surcharge shall not exceed twen-
ty-five percent of the approved adequate rate, and that such annual
surcharges shall continue for such period of time as shall be sufficient
to satisfy such deficiency. The superintendent shall not impose such
surcharge during the period commencing July 1, 2009 and ending June 30,
2010. On and after July 1, 1989, the surcharge prescribed by this
section shall be retained by insurers to the extent that they insured
physicians and surgeons during the July 1, 1985 through June 30, [2025]
2026 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
S. 3007--B 35
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
§ 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 266 of the laws of
1986, amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 5
of part K of chapter 57 of the laws of 2024, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
June 15, 2023, June 15, 2024, [and] June 15, 2025, AND JUNE 15, 2026 the
amount of funds available in the hospital excess liability pool, created
pursuant to section 18 of chapter 266 of the laws of 1986, and whether
such funds are sufficient for purposes of purchasing excess insurance
coverage for eligible participating physicians and dentists during the
period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003,
or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,
2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
S. 3007--B 36
2024, or July 1, 2024 to June 30, 2025, OR JULY 1, 2025 TO JUNE 30, 2026
as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024,
[and] June 15, 2025, AND JUNE 15, 2026 as applicable.
§ 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 6 of part K
of chapter 57 of the laws of 2024, is amended to read as follows:
§ 20. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the thirtieth of June,
two thousand [twenty-four] TWENTY-FIVE, shall be eligible to apply for
such coverage for the coverage period beginning the first of July, two
thousand [twenty-four] TWENTY-FIVE; provided, however, if the total
number of physicians or dentists for whom such excess coverage or equiv-
alent excess coverage was purchased for the policy year ending the thir-
tieth of June, two thousand [twenty-four] TWENTY-FIVE exceeds the total
number of physicians or dentists certified as eligible for the coverage
period beginning the first of July, two thousand [twenty-four] TWENTY-
FIVE, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand [twenty-four] TWENTY-FIVE, as applied to the differ-
ence between the number of eligible physicians or dentists for whom a
policy for excess coverage or equivalent excess coverage was purchased
for the coverage period ending the thirtieth of June, two thousand
[twenty-four] TWENTY-FIVE and the number of such eligible physicians or
dentists who have applied for excess coverage or equivalent excess
coverage for the coverage period beginning the first of July, two thou-
sand [twenty-four] TWENTY-FIVE.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART H
Intentionally Omitted
S. 3007--B 37
PART I
Section 1. Subdivision 1 of section 4148 of the public health law, as
added by chapter 352 of the laws of 2013, is amended to read as follows:
1. The department is hereby authorized and directed to design, imple-
ment and maintain an electronic death registration system for collect-
ing, storing, recording, transmitting, amending, correcting and authen-
ticating information, as necessary and appropriate to complete a death
registration, and to generate such documents as determined by the
department in relation to a death occurring in this state. As part of
the design and implementation of the system established by this section,
the department shall consult with all persons authorized to use such
system to the extent practicable and feasible. [The payment referenced
in subdivision five of this section shall be collected for each burial
or removal permit issued on or after the effective date of this section
from the licensed funeral director or undertaker to whom such permit is
issued, in the manner specified by the department and shall be used
solely for the purpose set forth in subdivision five of this section.]
Except as specifically provided in this section, the existing general
duties of, and remuneration received by, local registrars in accepting
and filing certificates of death and issuing burial and removal permits
pursuant to any statute or regulation shall be maintained, and not
altered or abridged in any way by this section.
§ 2. Subdivision 5 of section 4148 of the public health law is
REPEALED.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART J
Section 1. The opening paragraph of subdivision 3 of section 2825-g of
the public health law, as added by section 1 of part K of chapter 57 of
the laws of 2022, is amended to read as follows:
Notwithstanding subdivision two of this section or any inconsistent
provision of law to the contrary, and upon approval of the director of
the budget, the commissioner may, subject to the availability of lawful
appropriation, award up to four hundred fifty million dollars of the
funds made available pursuant to this section for unfunded project
applications submitted in response to the request for application number
18406 issued by the department on September thirtieth, two thousand
twenty-one pursuant to section twenty-eight hundred twenty-five-f of
this article. Authorized amounts to be awarded pursuant to applications
submitted in response to the request for application number 18406 shall
be awarded no later than [December thirty-first, two thousand twenty-
two] FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-THREE. Provided, howev-
er, that a minimum of:
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART K
Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 2806-a of the
public health law, as added by section 50 of part E of chapter 56 of the
laws of 2013, paragraph (g) of subdivision 1 as added by section 7,
paragraph (a) of subdivision 2 as amended by section 8, and subparagraph
S. 3007--B 38
(iii) of paragraph (c) of subdivision 5 as amended by section 9 of part
K of chapter 57 of the laws of 2015, are amended to read as follows:
1. For the purposes of this section:
(a) "adult care facility" shall mean an adult home or enriched housing
program licensed pursuant to article seven of the social services law or
an assisted living residence licensed pursuant to article forty-six-B of
this chapter;
(b) "established operator" shall mean the operator of [an adult care
facility, a general hospital or a diagnostic and treatment center that
has been established and issued an operating certificate as such pursu-
ant to this article] A FACILITY, INCLUDING CORPORATIONS ESTABLISHED
PURSUANT TO ARTICLE TEN-C OF THE PUBLIC AUTHORITIES LAW;
(c) "facility" shall mean (i) a general hospital or a diagnostic and
treatment center that has been issued an operating certificate as such
pursuant to this article; or (ii) an adult care facility;
(d) "temporary operator" shall mean any person or entity that:
(i) agrees to operate a facility on a temporary basis in the best
interests of its residents or patients and the community served by the
facility; and
(ii) has demonstrated that [he or she has] THEY HAVE the character,
competence and financial ability to operate the facility in compliance
with applicable standards;
(e) "serious financial instability" shall include but not be limited
to defaulting or violating key covenants of loans, or missed mortgage
payments, or general untimely payment of obligations, including but not
limited to employee benefit fund, PAYROLL OR payroll tax, and insurance
premium obligations, or failure to maintain required debt service cover-
age ratios or, as applicable, factors that have triggered a written
event of default notice to the department by the dormitory authority of
the state of New York; and
(f) "extraordinary financial assistance" shall mean state funds
provided to a facility upon such facility's request for the purpose of
assisting the facility to address serious financial instability. Such
funds may be derived from existing programs within the department,
special appropriations, or other funds.
(g) "improper delegation of management authority by the governing
authority or operator" of a general hospital shall include, but not be
limited to, the delegation to an entity that has not been established as
an operator of the general hospital of (i) authority to hire or fire the
administrator or other key management employees; (ii) maintenance and
control of the books and records; (iii) authority over the disposition
of assets and the incurring of liabilities on behalf of the facility;
and (iv) the adoption and enforcement of policies regarding the opera-
tion of the facility. The criteria set forth in this paragraph shall not
be the sole determining factors, but indicators to be considered with
such other factors that may be pertinent in particular instances.
Professional expertise shall be exercised in the utilization of the
criteria. All of the listed indicia need not be present in a given
instance for there to be an improper delegation of authority.
2. (a) In the event that: (i) a facility seeks extraordinary financial
assistance [and] OR the commissioner finds that the facility is experi-
encing serious financial instability that is jeopardizing existing or
continued access to essential services within the community[,]; or (ii)
the commissioner finds that there are conditions within the facility
that seriously endanger the life, health or safety of residents or
patients[, the commissioner may appoint a temporary operator to assume
S. 3007--B 39
sole control and sole responsibility for the operations of that facili-
ty,]; or (iii) the commissioner finds that there has been an improper
delegation of management authority by the governing authority or opera-
tor of a general hospital[,]; the commissioner [shall] MAY appoint a
temporary operator to assume sole control and sole responsibility for
the operations of that facility. The appointment of the temporary opera-
tor shall be effectuated pursuant to this section and shall be in addi-
tion to any other remedies provided by law.
(b) The established operator of a facility may at any time request the
commissioner to appoint a temporary operator. Upon receiving such a
request, the commissioner may, if [he or she determines] THEY DETERMINE
that such an action is necessary to restore or maintain the provision of
quality care to the residents or patients, or alleviate the facility's
financial instability, enter into an agreement with the established
operator for the appointment of a temporary operator to assume sole
control and sole responsibility for the operations of that facility.
3. (a) A temporary operator appointed pursuant to this section shall,
prior to [his or her] THEIR appointment as temporary operator, provide
the commissioner with a work plan satisfactory to the commissioner to
address the facility's deficiencies and serious financial instability
and a schedule for implementation of such plan. [A work plan shall not
be required prior to the appointment of the temporary operator pursuant
to clause (ii) of paragraph (a) of subdivision two of this section if
the commissioner has determined that the immediate appointment of a
temporary operator is necessary because public health or safety is in
imminent danger or there exists any condition or practice or a continu-
ing pattern of conditions or practices which poses imminent danger to
the health or safety of any patient or resident of the facility. Where
such immediate appointment has been found to be necessary, the temporary
operator shall provide the commissioner with a work plan satisfactory to
the commissioner as soon as practicable.]
(b) The temporary operator shall use [his or her] THEIR best efforts
to implement the work plan provided to the commissioner, if applicable,
and to correct or eliminate any deficiencies or financial instability in
the facility and to promote the quality and accessibility of health care
services in the community served by the facility. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE TEMPORARY OPERATOR'S AUTHORITY SHALL
INCLUDE, BUT NOT BE LIMITED TO, HIRING OR FIRING OF THE FACILITY ADMIN-
ISTRATOR AND OTHER KEY MANAGEMENT EMPLOYEES; MAINTENANCE AND CONTROL OF
THE BOOKS AND RECORDS; AUTHORITY OVER THE DISPOSITION OF ASSETS AND THE
INCURRING OF LIABILITIES ON BEHALF OF THE FACILITY; AND THE ADOPTION AND
ENFORCEMENT OF POLICIES REGARDING THE OPERATION OF THE FACILITY. Such
correction or elimination of deficiencies or serious financial instabil-
ity shall not include major alterations of the physical structure of the
facility. During the term of [his or her] THEIR appointment, the tempo-
rary operator shall have the sole authority to direct the management of
the facility in all aspects of operation and shall be afforded full
access to the accounts and records of the facility. The temporary opera-
tor shall, during this period, operate the facility in such a manner as
to promote safety and the quality and accessibility of health care
services or residential care in the community served by the facility.
The temporary operator shall have the power to let contracts therefor or
incur expenses on behalf of the facility, provided that where individual
items of repairs, improvements or supplies exceed ten thousand dollars,
the temporary operator shall obtain price quotations from at least three
reputable sources. The temporary operator shall not be required to file
S. 3007--B 40
any bond. No security interest in any real or personal property
comprising the facility or contained within the facility, or in any
fixture of the facility, shall be impaired or diminished in priority by
the temporary operator. Neither the temporary operator nor the depart-
ment shall engage in any activity that constitutes a confiscation of
property without the payment of fair compensation.
4. The temporary operator shall be entitled to a reasonable fee, as
determined by the commissioner, and necessary expenses incurred during
[his or her] THEIR performance as temporary operator, to be paid from
the revenue of the facility. The temporary operator shall collect incom-
ing payments from all sources and apply them to the reasonable fee and
to costs incurred in the performance of [his or her] THEIR functions as
temporary operator in correcting deficiencies and causes of serious
financial instability. The temporary operator shall be liable only in
[his or her] THEIR capacity as temporary operator for injury to person
and property by reason of conditions of the facility in a case where an
established operator would have been liable; [he or she] THEY shall not
have any liability in [his or her] THEIR personal capacity, except for
gross negligence and intentional acts.
5. (a) The initial term of the appointment of the temporary operator
shall not exceed one hundred eighty days. After one hundred eighty days,
if the commissioner determines that termination of the temporary opera-
tor would cause significant deterioration of the quality of, or access
to, health care or residential care in the community or that reappoint-
ment is necessary to correct the conditions within the facility that
seriously endanger the life, health or safety of residents or patients,
or the financial instability that required the appointment of the tempo-
rary operator, the commissioner may authorize up to two additional
[ninety-day] INITIAL OR ADDITIONAL terms.
(b) Upon the completion of the [two ninety-day] INITIAL OR ADDITIONAL
terms referenced in paragraph (a) of this subdivision,
(i) if the established operator is the debtor in a bankruptcy proceed-
ing, and the commissioner determines that the temporary operator
requires additional terms to operate the facility during the pendency of
the bankruptcy proceeding and to carry out any plan resulting from the
proceeding, the commissioner may reappoint the temporary operator for
additional ninety-day terms until the termination of the bankruptcy
proceeding, provided that the commissioner shall provide for notice and
a hearing as set forth in subdivision six of this section; or
(ii) if the established operator requests the reappointment of the
temporary operator, the commissioner may reappoint the temporary opera-
tor for one additional ninety-day term, pursuant to an agreement between
the established operator, the temporary operator and the department.
(c) [Within fourteen] NO SOONER THAN SIXTY DAYS AND NO LATER THAN
THIRTY days prior to the termination of each term of the appointment of
the temporary operator, the temporary operator shall submit to the
commissioner and to the established operator a report describing:
(i) the actions taken during the appointment to address [such] THE
deficiencies and financial instability THAT LED TO APPOINTMENT OF THE
TEMPORARY OPERATOR,
(ii) objectives for the continuation of the temporary operatorship if
necessary and a schedule for satisfaction of such objectives,
(iii) recommended actions for the ongoing operation of the facility
subsequent to the term of the temporary operator including recommenda-
tions regarding the proper management of the facility and ongoing agree-
S. 3007--B 41
ments with individuals or entities with proper delegation of management
authority; and
(iv) [with respect to the first ninety-day term referenced in para-
graph (a) of this subdivision,] a plan AND TIMELINE for sustainable
operation to avoid closure, or FOR THE transformation of the facility
which may include any option permissible under this chapter or the
social services law and implementing regulations thereof; AND, WHERE
APPLICABLE, A RECOMMENDATION WITH RATIONALE FOR AN ADDITIONAL TEMPORARY
OPERATOR TERM. The report shall reflect best efforts to produce a full
and complete accounting.
EACH REPORT PURSUANT TO THIS PARAGRAPH SHALL BE REVIEWED BY THE COMMIS-
SIONER, WHO MAY CONSULT WITH THE TEMPORARY OPERATOR AND THE ESTABLISHED
OPERATOR AND MAKE CORRECTIONS IF NECESSARY. PRIOR TO EXPIRATION OF THE
TEMPORARY OPERATOR'S FINAL TERM, A FINAL REPORT SHALL BE SUBMITTED BY
THE TEMPORARY OPERATOR AND APPROVED BY THE COMMISSIONER. THE ESTAB-
LISHED OPERATOR SHALL IMPLEMENT THE RECOMMENDED ACTIONS ACCORDING TO THE
FINAL REPORT. IF THE ESTABLISHED OPERATOR AT ANY TIME DEMONSTRATES
UNWILLINGNESS TO MAKE OR IMPLEMENT CHANGES IDENTIFIED IN THE FINAL
REPORT, THE COMMISSIONER MAY EXTEND THE TERM OF, OR REINSTATE, THE
TEMPORARY OPERATOR, AND/OR THE COMMISSIONER MAY MOVE TO AMEND OR REVOKE
THE ESTABLISHED OPERATOR'S OPERATING CERTIFICATE.
(d) The term of the initial appointment and of any subsequent reap-
pointment may be terminated prior to the expiration of the designated
term, if the established operator and the commissioner agree on a plan
of correction and the implementation of such plan.
6. (a) The commissioner, upon making a determination to appoint a
temporary operator pursuant to paragraph (a) of subdivision two of this
section shall, prior to the commencement of the appointment, cause the
established operator of the facility to be notified of the determination
by registered or certified mail addressed to the principal office of the
established operator. Such notification shall include a detailed
description of the findings underlying the determination to appoint a
temporary operator, and the date and time of a required meeting with the
commissioner and/or [his or her] THEIR designee within ten business days
of the date of such notice. At such meeting, the established operator
shall have the opportunity to review and discuss all relevant findings.
At such meeting [or within ten additional business days,] the commis-
sioner and the established operator shall attempt to develop a mutually
satisfactory plan of correction and schedule for implementation. In the
event such plan of correction is agreed upon, the commissioner shall
notify the established operator that the commissioner no longer intends
to appoint a temporary operator. A meeting shall not be required prior
to the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility. Where such immediate appointment
has been found to be necessary, the commissioner shall provide the
established operator with a notice as required under this paragraph on
the date of the appointment of the temporary operator.
(b) Should the commissioner and the established operator be unable to
establish a plan of correction pursuant to paragraph (a) of this subdi-
vision, or should the established operator fail to respond to the
commissioner's initial notification, a temporary operator shall be
S. 3007--B 42
appointed as soon as is practicable and shall operate pursuant to the
provisions of this section.
(c) The established operator shall be afforded an opportunity for an
administrative hearing on the commissioner's determination to appoint a
temporary operator. Such administrative hearing shall occur prior to
such appointment, except that the hearing shall not be required prior to
the appointment of the temporary operator pursuant to clause (ii) of
paragraph (a) of subdivision two of this section if the commissioner has
determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility. An administrative hearing as
provided for under this paragraph shall begin no later than [sixty]
THIRTY days from the date [of the notice to the established operator]
THE TEMPORARY OPERATOR IS APPOINTED and shall not be extended without
the consent of both parties. Any such hearing shall be strictly limited
to the issue of whether the determination of the commissioner to appoint
a temporary operator is supported by substantial evidence. A [copy of
the] decision shall be MADE AND sent to the [established operator]
PARTIES NO LATER THAN TEN BUSINESS DAYS AFTER COMPLETION OF THE HEARING.
(d) The commissioner shall, upon making a determination to reappoint a
temporary operator for the first of an additional [ninety-day] ONE
HUNDRED EIGHTY-DAY term pursuant to paragraph (a) of subdivision five of
this section, cause the established operator of the facility to be noti-
fied of the determination by registered or certified mail addressed to
the principal office of the established operator. If the commissioner
determines that additional reappointments pursuant to subparagraph (i)
of paragraph (b) of subdivision five of this section are required, the
commissioner shall again cause the established operator of the facility
to be notified of such determination by registered or certified mail
addressed to the principal office of the established operator at the
commencement of the first of every two additional terms. Upon receipt of
such notification at the principal office of the established operator
and before the expiration of ten days thereafter, the established opera-
tor may request an administrative hearing on the determination, to begin
no later than [sixty] THIRTY days from the date of the reappointment of
the temporary operator. Any such hearing shall be strictly limited to
the issue of whether the determination of the commissioner to reappoint
the temporary operator is supported by substantial evidence.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 2806-a of the public health law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART L
Intentionally Omitted
PART M
Section 1. Subdivision 4 of section 2805-a of the public health law,
as renumbered by chapter 2 of the laws of 1988, is renumbered subdivi-
sion 5 and a new subdivision 4 is added to read as follows:
S. 3007--B 43
4. EVERY GENERAL HOSPITAL OPERATING UNDER THE PROVISIONS OF THIS ARTI-
CLE SHALL FILE WITH THE COMMISSIONER AND PROVIDE A COPY TO THE ATTORNEY
GENERAL, IN A FORMAT PRESCRIBED BY THE DEPARTMENT, WITHIN ONE HUNDRED
EIGHTY DAYS AFTER THE END OF ITS FISCAL YEAR, A CERTIFIED REPORT, TO BE
CONSPICUOUSLY POSTED ON THE DEPARTMENT'S WEBSITE, SHOWING HOW THE HOSPI-
TAL SPENT COMMUNITY BENEFIT EXPENSES, INCLUDING SPECIFIC MENTION OF ANY
COMMUNITY BENEFIT EXPENSES SUPPORTING THE HOSPITAL'S LOCAL COMMUNITY, AS
WELL AS, BUT NOT LIMITED TO:
(A) FINANCIAL ASSISTANCE AT COST, WHICH SHALL INCLUDE ANY FREE OR
DISCOUNTED SERVICES FOR THOSE WHO CANNOT AFFORD TO PAY AND MEET THE
HOSPITAL'S FINANCIAL ASSISTANCE CRITERIA;
(B) UNREIMBURSED COSTS FROM MEDICAID;
(C) UNREIMBURSED COSTS FROM THE CHILDREN'S HEALTH INSURANCE PROGRAM OR
OTHER MEANS-TESTED GOVERNMENT PROGRAMS;
(D) COMMUNITY HEALTH IMPROVEMENT SERVICES AND COMMUNITY BENEFIT OPER-
ATIONS, WHICH SHALL INCLUDE COSTS ASSOCIATED WITH PLANNING OR OPERATING
COMMUNITY BENEFIT PROGRAMS, BUT SHALL NOT INCLUDE ACTIVITIES OR PROGRAMS
IF THEY ARE PROVIDED PRIMARILY FOR MARKETING PURPOSES OR IF THEY ARE
MORE BENEFICIAL TO THE HOSPITAL THAN TO THE COMMUNITY;
(E) HEALTH PROFESSIONS EDUCATION PROGRAMS THAT RESULT IN A DEGREE OR
CERTIFICATE OR TRAINING NECESSARY FOR RESIDENTS OR INTERNS TO BE CERTI-
FIED;
(F) SUBSIDIZED HEALTH SERVICES, WHICH SHALL INCLUDE SERVICES WITH A
NEGATIVE MARGIN, SERVICES THAT MEET AN IDENTIFIABLE COMMUNITY NEED AND
SERVICES THAT IF NO LONGER OFFERED WOULD BE UNAVAILABLE OR FALL TO THE
RESPONSIBILITY OF ANOTHER NONPROFIT OR GOVERNMENT AGENCY;
(G) RESEARCH THAT PRODUCES GENERALIZABLE KNOWLEDGE AND IS FUNDED BY
TAX-EXEMPT SOURCES;
(H) CASH AND IN-KIND CONTRIBUTIONS FOR COMMUNITY BENEFIT, FOR WHICH
IN-KIND DONATIONS MAY INCLUDE THE INDIRECT COST OF SPACE DONATED TO
COMMUNITY GROUPS AND THE DIRECT COST OF DONATED FOOD OR SUPPLIES; AND
(I) HOW SUCH COMMUNITY BENEFIT EXPENSES SUPPORT THE PRIORITIES OF NEW
YORK STATE, AS OUTLINED IN GUIDANCE, INCLUDING BUT NOT LIMITED TO THE
NEW YORK STATE PREVENTION AGENDA AS DEVELOPED BY THE DEPARTMENT.
§ 2. This act shall take effect October 1, 2025. Effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART N
Section 1. Subdivision 1 of section 250 of the public health law, as
added by chapter 338 of the laws of 1998, is amended to read as follows:
1. A spinal cord injury research board is hereby created within the
department for the purpose of administering spinal cord injury research
projects and administering the spinal cord injury research trust fund
created pursuant to section ninety-nine-f of the state finance law. The
purpose of research projects administered by the board shall be [neuro-
logical] research towards TREATMENT AND a cure for such injuries and
their effects INCLUDING, BUT NOT LIMITED TO, HEALTH-RELATED QUALITY OF
LIFE IMPROVEMENTS AND CASES WHERE THERE IS SPINAL CORD INJURY AS A
RESULT OF A TRAFFIC OR VEHICLE ACCIDENT. The members of the spinal cord
injury research board shall include but not be limited to represen-
tatives of the following fields: neuroscience, neurology, neuro-surgery,
neuro-pharmacology, and spinal cord rehabilitative medicine. The board
shall be composed of thirteen members, seven of whom shall be appointed
S. 3007--B 44
by the governor, two of whom shall be appointed by the temporary presi-
dent of the senate, two of whom shall be appointed by the speaker of the
assembly, one of whom shall be appointed by the minority leader of the
senate, and one of whom shall be appointed by the minority leader of the
assembly.
§ 2. Subdivision 2 of section 251 of the public health law, as added
by chapter 338 of the laws of 1998, is amended to read as follows:
2. Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the spinal cord injury research trust fund, created pursuant
to section ninety-nine-f of the state finance law, to conduct research
programs which focus on the treatment and cure of spinal cord [injury]
INJURIES AND THEIR EFFECTS. The board shall make recommendations to the
commissioner, and the commissioner shall, in [his or her] THEIR
discretion, grant approval of applications for grants from those appli-
cations recommended by the board.
§ 2-a. Subdivision 2 of section 99-f of the state finance law, as
amended by chapter 565 of the laws of 2024, is amended to read as
follows:
2. The fund shall consist of all monies appropriated for its purpose,
all monies required by this section or any other provision of law to be
paid into or credited to such fund, and monies of at least [eight] TWEN-
TY million [five hundred thousand] dollars collected by the mandatory
surcharges imposed pursuant to subdivision one of section eighteen
hundred nine of the vehicle and traffic law. Nothing contained herein
shall prevent the department of health from receiving grants, gifts or
bequests for the purposes of the fund as defined in this section and
depositing them into the fund according to law.
§ 3. This act shall take effect immediately.
PART O
Section 1. Intentionally omitted.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. Intentionally omitted.
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
§ 15. Intentionally omitted.
§ 16. Intentionally omitted.
§ 17. Intentionally omitted.
§ 18. Intentionally omitted.
§ 19. Intentionally omitted.
§ 20. Subdivision 2 of section 3342 of the public health law, as
amended by chapter 466 of the laws of 2024, is amended and a new subdi-
vision 2-a is added to read as follows:
2. An institutional dispenser may dispense controlled substances for
use off its premises only pursuant to a prescription, prepared and filed
S. 3007--B 45
in conformity with this title, provided, however, that, in an emergency
situation as defined by rule or regulation of the department, a practi-
tioner in a hospital without a full-time pharmacy may dispense
controlled substances to a patient in a hospital emergency room for use
off the premises of the institutional dispenser for a period not to
exceed twenty-four hours[, unless the federal drug enforcement adminis-
tration has authorized a longer time period for the purpose of initiat-
ing maintenance treatment, detoxification treatment, or both].
2-A. A PRACTITIONER IN ANY INSTITUTIONAL DISPENSER MAY DISPENSE
CONTROLLED SUBSTANCES AS EMERGENCY TREATMENT TO A PATIENT FOR USE OFF
THE PREMISES OF THE INSTITUTIONAL DISPENSER AS AUTHORIZED BY THE FEDERAL
DRUG ENFORCEMENT ADMINISTRATION FOR THE PURPOSE OF INITIATING MAINTE-
NANCE TREATMENT, DETOXIFICATION TREATMENT, OR BOTH.
§ 20-a. Paragraph a of subdivision 1 of section 35 of the judiciary
law, as amended by chapter 479 of the laws of 2022, is amended to read
as follows:
a. When a court orders a hearing in a proceeding upon a writ of habeas
corpus to inquire into the cause of detention of a person in custody in
a state institution, or when it orders a hearing in a civil proceeding
to commit or transfer a person to or retain [him] A PERSON in a state
institution when such person is alleged to be mentally ill, mentally
defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, or
when it orders a hearing for the commitment of the guardianship and
custody of a child to an authorized agency by reason of the mental
illness or developmental disability of a parent, or when it orders a
hearing to determine whether consent to the adoption of a child shall be
required of a parent who is alleged to be mentally ill or develop-
mentally disabled, or when it orders a hearing to determine the best
interests of a child when the parent of the child revokes a consent to
the adoption of such child and such revocation is opposed or in any
adoption or custody proceeding if it determines that assignment of coun-
sel in such cases is mandated by the constitution of this state or of
the United States, the court may assign counsel to represent such person
if it is satisfied that [he] SUCH PERSON is financially unable to obtain
counsel. Upon an appeal taken from an order entered in any such proceed-
ing, the appellate court may assign counsel to represent such person
upon the appeal if it is satisfied that [he] SUCH PERSON is financially
unable to obtain counsel.
§ 20-b. Subdivision 4 of section 35 of the judiciary law, as amended
by section 3 of part GG of chapter 56 of the laws of 2023, is amended to
read as follows:
4. In any proceeding described in paragraph a of subdivision one of
this section, when a person is alleged to be mentally ill, mentally
defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, the
court which ordered the hearing may appoint no more than two psychia-
trists, certified psychologists or physicians to examine and testify at
the hearing upon the condition of such person. A psychiatrist, psychol-
ogist or physician so appointed shall, upon completion of their
services, receive reimbursement for expenses reasonably incurred and
reasonable compensation for such services, to be fixed by the court.
Such compensation shall not exceed three thousand dollars, except that
in extraordinary circumstances the court may provide for compensation in
excess of the foregoing limits.
§ 20-c. Paragraph (i) of subdivision (b) of section 32.05 of the
mental hygiene law, as amended by section 3 of part Z of chapter 57 of
the laws of 2019, is amended to read as follows:
S. 3007--B 46
(i) Methadone, or such other controlled substance designated by the
commissioner of health as appropriate for such use, may be administered
to [an addict] A PERSON WITH SUBSTANCE USE DISORDER, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical facili-
ties certified pursuant to article twenty-eight or thirty-three of the
public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal govern-
ment to administer buprenorphine to [addicts] PEOPLE WITH SUBSTANCE USE
DISORDER may do so without obtaining an operating certificate from the
commissioner.
§ 20-d. Paragraph 5 of subdivision (b) of section 32.09 of the mental
hygiene law, as added by chapter 558 of the laws of 1999, is amended to
read as follows:
5. the applicant will establish procedures to effectively implement a
detoxification program to further relieve [addicts] PEOPLE WITH
SUBSTANCE USE DISORDER from dependence upon methadone or such other
controlled substances prescribed for treatment in subject maintenance
programs.
§ 21. Subdivision 1 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
1. ["Addict"] "PERSON WITH SUBSTANCE USE DISORDER" means a person who
habitually uses a controlled substance for a non-legitimate or unlawful
use, and who by reason of such use is dependent thereon.
§ 22. Subdivision 1 of section 3331 of the public health law, as added
by chapter 878 of the laws of 1972, is amended to read as follows:
1. Except as provided in titles III or V of this article, no substance
in schedules II, III, IV, or V may be prescribed for or dispensed or
administered to [an addict] A PERSON WITH SUBSTANCE USE DISORDER or
habitual user.
§ 23. The title heading of title V of article 33 of the public health
law, as added by chapter 878 of the laws of 1972, is amended to read as
follows:
DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE USE
DISORDER AND HABITUAL USERS
§ 24. Section 3350 of the public health law, as added by chapter 878
of the laws of 1972, is amended to read as follows:
§ 3350. Dispensing prohibition. Controlled substances may not be
prescribed for, or administered or dispensed to [addicts] PERSONS WITH
SUBSTANCE USE DISORDER or habitual users of controlled substances,
except as provided by this title or title III OF THIS ARTICLE.
§ 25. Section 3351 of the public health law, as added by chapter 878
of the laws of 1972, subdivision 5 as amended by chapter 558 of the laws
of 1999, is amended to read as follows:
§ 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to [an addict] A PERSON
WITH SUBSTANCE USE DISORDER or habitual user:
(a) during emergency medical treatment unrelated to [abuse] SUCH
SUBSTANCE USE DISORDER OR HABITUAL USE of controlled substances;
S. 3007--B 47
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis; OR
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
1-A. A PRACTITIONER MAY PRESCRIBE, ADMINISTER AND DISPENSE ANY SCHED-
ULE III, IV, OR V NARCOTIC DRUG APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION SPECIFICALLY FOR USE IN MAINTENANCE OR DETOXIFICATION
TREATMENT TO A PERSON WITH A SUBSTANCE USE DISORDER OR HABITUAL USER.
2. Controlled substances may be ordered for use by [an addict] A
PERSON WITH SUBSTANCE USE DISORDER or habitual user by a practitioner
and administered by a practitioner [or], registered nurse, OR EMERGENCY
MEDICAL TECHNICIAN-PARAMEDIC, ACTING WITHIN THEIR SCOPE OF PRACTICE, to
relieve acute withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use [of an
addict] BY A PERSON WITH SUBSTANCE USE DISORDER by a practitioner and
dispensed or administered by a practitioner or [his] THEIR designated
agent as interim treatment for [an addict] A PERSON WITH SUBSTANCE USE
DISORDER on a waiting list for admission to an authorized maintenance
program OR WHILE ARRANGEMENTS ARE BEING MADE FOR REFERRAL TO TREATMENT
FOR SUCH SUBSTANCE USE DISORDER.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to [an
addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by
[his] THEIR designated agent acting under the direction and supervision
of a practitioner, as part of a [regime] REGIMEN designed and intended
AS MAINTENANCE OR DETOXIFICATION TREATMENT OR to withdraw a patient from
addiction to controlled substances.
5. [Methadone] NOTWITHSTANDING ANY OTHER LAW AND CONSISTENT WITH
FEDERAL REQUIREMENTS, METHADONE, or such other controlled substance
designated by the commissioner as appropriate for such use, may be
administered OR DISPENSED DIRECTLY to [an addict] A PERSON WITH
SUBSTANCE USE DISORDER by a practitioner or by [his] THEIR designated
agent acting under the direction and supervision of a practitioner, as
part of a substance [abuse] USE or chemical dependence program approved
pursuant to article [twenty-three or] thirty-two of the mental hygiene
law.
§ 26. Section 3372 of the public health law, as amended by chapter 195
of the laws of 1973, is amended to read as follows:
§ 3372. Practitioner patient reporting. It shall be the duty of every
attending practitioner and every consulting practitioner to report
promptly to the commissioner, or [his] THE COMMISSIONER'S duly desig-
nated agent, the name and, if possible, the address of, and such other
data as may be required by the commissioner with respect to, any person
under treatment if [he] THE PRACTITIONER finds that such person is [an
addict] A PERSON WITH SUBSTANCE USE DISORDER or a habitual user [of any
narcotic drug]. Such report shall be kept confidential and may be
utilized only for statistical, epidemiological or research purposes,
except that those reports which originate in the course of a criminal
proceeding other than under section 81.25 of the mental hygiene law
shall be subject only to the confidentiality requirements of section
thirty-three hundred seventy-one of this article.
§ 26-a. Subdivisions 2 and 3 of section 396-h of the county law, as
added by chapter 818 of the laws of 1971, are amended to read as
follows:
S. 3007--B 48
2. To establish in-patient and out-patient treatment facilities for
persons [addicted to the use of drugs and drug abusers] WITH SUBSTANCE
USE DISORDERS. Such facilities shall include, but shall not be limited
to:
a. detoxification centers and clinics for the out-patient treatment of
[drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
b. a treatment center where [drug abusers and addicts] PERSONS WITH
SUBSTANCE USE DISORDERS may obtain professional counseling from physi-
cians, psychologists, psychiatrists and where possible, [former drug
abusers and addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
c. half-way houses to provide continuing treatment for [drug abusers
and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
3. To create a referral program whereby [drug abusers, addicts]
PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies concerned
with their treatment will make use of the aforementioned treatment
facilities;
§ 26-b. Subdivisions 2 and 3 of section 121 of the general city law,
as added by chapter 820 of the laws of 1971, are amended to read as
follows:
2. To establish in-patient and out-patient treatment facilities for
persons [addicted to the use of drugs and drug abusers] WITH SUBSTANCE
USE DISORDERS. Such facilities shall include, but shall not be limited
to:
a. detoxification centers and clinics for the out-patient treatment of
[drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
b. a treatment center where [addicts] PERSONS WITH SUBSTANCE USE
DISORDERS may obtain professional counseling from physicians, psychol-
ogists, psychiatrists and where possible, [former drug abusers and
addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
c. half-way houses to provide continuing treatment for [drug abusers
and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
3. To create a referral program whereby [drug abusers, addicts]
PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies concerned
with their treatment will make use of the aforementioned treatment
facilities;
§ 27. This act shall take effect immediately.
PART P
Section 1. Legislative findings. The legislature finds that for nearly
40 years, the federal Emergency Medical Treatment and Labor Act (EMTALA)
has required emergency rooms to provide stabilizing treatment to
patients in emergency situations. Moreover, for decades the federal
government has consistently recognized that EMTALA requires hospitals to
provide emergency care, including abortion care, for pregnant patients
in need.
However, the legislature finds that in the wake of the overturning of
Roe v. Wade, states hostile to reproductive freedom have banned or
severely restricted abortion care and asserted that EMTALA protections
do not apply to emergent pregnancy complications, leading to hospitals
delaying or denying care, forcing pregnant people to experience life and
health-altering complications. The judiciary's support for such inter-
pretations of EMTALA has made it clear that New York State can no longer
rely on federal protections, and it is incumbent on the state to encode
the obligation of all hospitals to provide stabilizing care, including
S. 3007--B 49
abortion, to all individuals in need in order to safeguard the health of
pregnant New Yorkers.
§ 2. Section 2805-b of the public health law, as amended by chapter
787 of the laws of 1983, subdivision 1 as amended by chapter 121 of the
laws of 1987, subdivision 3 as amended by chapter 723 of the laws of
1989, and subdivision 5 as amended by section 77 of part PP of chapter
56 of the laws of 2022, is amended to read as follows:
§ 2805-b. Admission of patients and emergency treatment of nonadmitted
patients. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A)(I) "EMERGENCY MEDICAL CONDITION" SHALL MEAN:
(1) A MEDICAL CONDITION MANIFESTING ITSELF BY ACUTE SYMPTOMS OF SUFFI-
CIENT SEVERITY (INCLUDING SEVERE PAIN) SUCH THAT THE ABSENCE OF IMMEDI-
ATE MEDICAL ATTENTION COULD REASONABLY BE EXPECTED TO RESULT IN:
(A) SERIOUS INJURY OR ILLNESS;
(B) PLACING THE HEALTH OF THE INDIVIDUAL IN SERIOUS JEOPARDY;
(C) SERIOUS IMPAIRMENT TO BODILY FUNCTIONS, INCLUDING RISKS TO FUTURE
FERTILITY;
(D) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART; OR
(2) WITH RESPECT TO A PREGNANT PERSON WHO IS IN ACTIVE LABOR:
(A) THAT THERE IS INADEQUATE TIME TO EFFECT A SAFE TRANSFER TO ANOTHER
HOSPITAL BEFORE DELIVERY; OR
(B) THAT TRANSFER POSES A THREAT TO THE HEALTH OR SAFETY OF THE PREG-
NANT PERSON OR THE PREGNANCY.
(II) "EMERGENCY MEDICAL CONDITION" INCLUDES, BUT IS NOT LIMITED TO,
ECTOPIC PREGNANCY; COMPLICATIONS OF OR RESULTING FROM PREGNANCY, PREG-
NANCY LOSS, OR ATTEMPTED TERMINATION OF PREGNANCY; RISKS OF INFECTION;
RISKS TO FUTURE FERTILITY; SEPSIS; ACUTE BLOOD LOSS; PREVIABLE PRETERM
PREMATURE RUPTURE OF MEMBRANES (PPROM) OR CERVICAL INSUFFICIENCY;
PLACENTA ABNORMALITIES; ACUTE MENTAL ILLNESS; ACUTE OR EMERGENT HYPER-
TENSIVE DISORDERS, SUCH AS PREECLAMPSIA, OR ANY OTHER CONDITION A HEALTH
CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE EIGHT
OF THE EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE
DETERMINES, IN THE PRACTITIONER'S REASONABLE MEDICAL JUDGMENT, TO BE AN
EMERGENCY, AS DEFINED IN THIS PARAGRAPH.
(B) "STABILIZE" SHALL MEAN, WITH RESPECT TO AN EMERGENCY MEDICAL
CONDITION DESCRIBED IN CLAUSE ONE OF SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF THIS SUBDIVISION, TO PROVIDE SUCH MEDICAL TREATMENT OF THE CONDITION
AS MAY BE NECESSARY TO ASSURE, WITHIN REASONABLE MEDICAL PROBABILITY,
THAT NO MATERIAL DETERIORATION OF THE CONDITION IS LIKELY TO RESULT FROM
OR OCCUR DURING THE TRANSFER OF THE INDIVIDUAL FROM A FACILITY, OR, WITH
RESPECT TO AN EMERGENCY MEDICAL CONDITION DESCRIBED IN CLAUSE TWO OF
SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION, TO DELIVER,
INCLUDING THE PLACENTA. "STABILIZING TREATMENT" INCLUDES ABORTION PURSU-
ANT TO SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE WHEN
FAILURE TO PROVIDE AN ABORTION WILL, WITHIN REASONABLE PROBABILITY,
RESULT IN MATERIAL DETERIORATION OF THE PATIENT'S CONDITION UPON OR
DURING TRANSFER OF THE PATIENT FROM THE FACILITY.
(C) "TRANSFER" SHALL MEAN THE MOVEMENT (INCLUDING THE DISCHARGE) OF AN
INDIVIDUAL OUTSIDE OF A GENERAL HOSPITAL'S FACILITIES AT THE DIRECTION
OF ANY PERSON EMPLOYED BY, OR AFFILIATED OR ASSOCIATED, DIRECTLY OR
INDIRECTLY, WITH, THE GENERAL HOSPITAL, BUT DOES NOT INCLUDE SUCH A
MOVEMENT OF AN INDIVIDUAL WHO (I) HAS BEEN DECLARED DEAD, OR (II) LEAVES
THE FACILITY WITHOUT THE PERMISSION OF ANY SUCH PERSON.
(D) "APPROPRIATE TRANSFER" SHALL MEAN A TRANSFER TO A MEDICAL FACILI-
TY:
S. 3007--B 50
(I) IN WHICH THE TRANSFERRING GENERAL HOSPITAL PROVIDES THE MEDICAL
TREATMENT WITHIN ITS CAPACITY WHICH MINIMIZES THE RISKS TO THE INDIVID-
UAL'S HEALTH;
(II) IN WHICH THE RECEIVING FACILITY:
(1) HAS AVAILABLE SPACE AND QUALIFIED PERSONNEL FOR THE TREATMENT OF
THE INDIVIDUAL; AND
(2) HAS AGREED TO ACCEPT TRANSFER OF THE INDIVIDUAL AND TO PROVIDE
APPROPRIATE MEDICAL TREATMENT;
(III) IN WHICH THE TRANSFERRING GENERAL HOSPITAL SENDS TO THE RECEIV-
ING FACILITY ALL MEDICAL RECORDS RELATED TO THE EMERGENCY CONDITION FOR
WHICH THE INDIVIDUAL HAS PRESENTED AVAILABLE AT THE TIME OF THE TRANS-
FER, INCLUDING RECORDS RELATED TO THE INDIVIDUAL'S EMERGENCY MEDICAL
CONDITION, OBSERVATIONS OF SIGNS OR SYMPTOMS, PRELIMINARY DIAGNOSIS,
TREATMENT PROVIDED, RESULTS OF ANY TESTS AND THE INFORMED WRITTEN
CONSENT OR CERTIFICATION OR COPY THEREOF PROVIDED UNDER PARAGRAPH (D) OF
SUBDIVISION THREE OF THIS SECTION, UNLESS THE PATIENT OBJECTS;
(IV) IN WHICH THE TRANSFER IS EFFECTED THROUGH QUALIFIED PERSONNEL AND
TRANSPORTATION EQUIPMENT, AS REQUIRED, INCLUDING THE USE OF NECESSARY
AND MEDICALLY APPROPRIATE LIFE SUPPORT MEASURES DURING THE TRANSFER; AND
(V) IN WHICH PRIOR TO THE TRANSFER, THE EMERGENCY MEDICAL TECHNICIAN
OR PARAMEDIC ASSIGNED TO ACCOMPANY THE PATIENT IN THE AMBULANCE SHALL BE
PROVIDED WITH A COMPLETED FORM WHICH SHALL INCLUDE AT LEAST THE FOLLOW-
ING INFORMATION AND SUCH ADDITIONAL INFORMATION AS THE COMMISSIONER MAY
REQUIRE:
(1) THE PATIENT'S NAME;
(2) THE DIAGNOSED CONDITION OF THE PATIENT;
(3) ANY TREATMENT ADMINISTERED TO THE PATIENT;
(4) ANY MEDICATION GIVEN TO THE PATIENT;
(5) THE NAME OF THE HEALTH CARE PRACTITIONER ORDERING THE TRANSFER;
(6) THE NAME OF THE HOSPITAL FROM WHICH THE PATIENT IS BEING TRANS-
FERRED;
(7) THE NAME OF THE HEALTH CARE PRACTITIONER OR PRACTITIONERS WHO IS
OR ARE WILLING AND AUTHORIZED TO RECEIVE THE PATIENT AT THE NEW
LOCATION;
(8) THE NAME OF THE HOSPITAL OR OTHER FACILITY THAT IS TO RECEIVE THE
PATIENT;
(9) THE DATE AND TIME OF TRANSFER; AND
(10) THE SIGNATURE OF THE HEALTH CARE PRACTITIONER ORDERING THE TRANS-
FER. THE FORM FOR THIS PURPOSE SHALL BE PROMULGATED BY THE COMMISSIONER
AND DISTRIBUTED TO ALL GENERAL HOSPITALS. THE COMPLETED FORM SHALL BE
GIVEN TO THE RECEIVING FACILITY UPON COMPLETION OF THE AMBULANCE TRIP
FOR USE BY THE RECEIVING HEALTH CARE PRACTITIONER.
2. Every general hospital AS DEFINED IN THIS ARTICLE shall admit any
person who is in need of immediate hospitalization with all convenient
speed and shall not before admission question the patient or any member
of [his or her] THE PATIENT'S family concerning insurance, credit or
payment of charges, provided, however, that the patient or a member of
[his or her] THE PATIENT'S family shall agree to supply such information
promptly after the patient's admission. However, no general hospital
shall require any patient or member of [his or her] THE PATIENT'S family
to write or to sign during those times when the religious tenets of such
person temporarily prohibit [him or her] SUCH PERSON'S from performing
such acts. No general hospital shall transfer any patient to another
hospital or health care facility on the grounds that the patient is
unable to pay or guarantee payment for services rendered. Every general
hospital which maintains facilities for providing out-patient emergency
S. 3007--B 51
medical care must provide such care to any person who, in the opinion of
a [physician] HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHOR-
IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THEIR LAWFUL
SCOPE OF PRACTICE, requires such care.
[2. In cities with a population of one million or more, (a) a general
hospital shall provide emergency medical care and treatment to all
persons in need of such care and treatment who arrive at the entrance to
such hospital therefor. Any general hospital which fails to provide such
treatment shall be guilty of a misdemeanor. However, the commissioner
may exempt a general hospital from the provisions of this paragraph if
he determines such general hospital is structured to provide specialized
or limited treatment.
(b) Any licensed medical practitioner who refuses to treat a person
arriving at a general hospital to receive emergency medical treatment
who is in need of such treatment; or any person who in any manner
excludes, obstructs or interferes with the ingress of another person
into a general hospital who appears there for the purpose of being exam-
ined or diagnosed or treated; or any person who obstructs or prevents
such other person from being examined or diagnosed or treated by an
attending physician thereat shall be guilty of a misdemeanor and subject
to a term of imprisonment not to exceed one year and a fine not to
exceed one thousand dollars. Any emergency medical technician, paramedic
or ambulance driver who transports a person to a general hospital where
such person is refused entrance by anyone or is refused examination,
diagnosis or treatment by an attending physician thereat shall report
all such incidents to the state commissioner of health or his designee,
on a form which shall be promulgated by such commissioner. After exam-
ination, diagnosis and treatment by an attending physician and where, in
the opinion of such physician, the patient has been stabilized suffi-
ciently to permit it, subsequent medical care may be provided or
procured by the general hospital at a location other than the general
hospital if, in the opinion of the attending physician, it is in the
best interest of the patient because the general hospital does not have
the proper equipment or personnel at hand to deal with the particular
medical emergency or because all appropriate beds are filled and none
are likely to become available within a reasonable time after the
patient has been stabilized.
(c) Whenever a previously stabilized emergency room patient is there-
after transferred for medical care to another location by means of an
ambulance, the attending physician authorizing the transfer in the
general hospital from which the patient is transferred shall determine
that a receiving hospital is available and willing to receive such
patient and that an attending physician thereat is available and willing
to admit such patient. Just prior to the transfer, the emergency medical
technician or paramedic assigned to accompany the patient in the ambu-
lance shall be provided with a completed form which shall include at
least the following information and such additional information as the
commissioner may require:
(i) the patient's name;
(ii) the diagnosed condition of the patient;
(iii) any treatment administered to the patient;
(iv) any medication given to the patient;
(v) the name of the physician ordering the transfer;
(vi) the name of the hospital from which the patient is being trans-
ferred;
S. 3007--B 52
(vii) the name of the physician or physicians who is or are willing
and authorized to receive the patient at the new location;
(viii) the name of the hospital or other facility that is to receive
the patient;
(ix) the date and time of transfer; and
(x) the signature of the physician ordering the transfer.
The form for this purpose shall be promulgated by the commissioner and
distributed to all general hospitals in any such city. The completed
form shall be given to the receiving facility upon completion of the
ambulance trip for use by the receiving physician.]
3. (A) MEDICAL SCREENING REQUIRED. EVERY GENERAL HOSPITAL MUST PROVIDE
APPROPRIATE MEDICAL SCREENING EXAMINATION WITHIN THE CAPABILITY OF THE
GENERAL HOSPITAL'S EMERGENCY DEPARTMENT, INCLUDING ANCILLARY SERVICES
ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT WHEN A REQUEST IS MADE
BY AN INDIVIDUAL OR ON THE INDIVIDUAL'S BEHALF FOR EXAMINATION OR TREAT-
MENT FOR A MEDICAL CONDITION TO DETERMINE WHETHER AN EMERGENCY MEDICAL
CONDITION EXISTS. WITH RESPECT TO A PREGNANT PERSON, SUCH MEDICAL
SCREENING EXAMINATION MUST INCLUDE A DETERMINATION BY A HEALTH CARE
PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE AS TO WHETH-
ER THE INDIVIDUAL IS IN ACTIVE LABOR. A GENERAL HOSPITAL MAY NOT DELAY
PROVISION OF AN APPROPRIATE MEDICAL SCREENING EXAMINATION OR FURTHER
MEDICAL EXAMINATION, AND TREATMENT REQUIRED UNDER PARAGRAPH (B) OF THIS
SUBDIVISION IN ORDER TO INQUIRE ABOUT THE INDIVIDUAL'S METHOD OF PAYMENT
OR INSURANCE STATUS.
(B) NECESSARY STABILIZING TREATMENT FOR EMERGENCY MEDICAL CONDITIONS
AND LABOR. IF ANY INDIVIDUAL COMES TO A GENERAL HOSPITAL AND THE GENERAL
HOSPITAL DETERMINES THAT THE INDIVIDUAL HAS AN EMERGENCY MEDICAL CONDI-
TION, THE GENERAL HOSPITAL MUST PROVIDE EITHER:
(I) WITHIN THE STAFF AND FACILITIES AVAILABLE AT THE GENERAL HOSPITAL,
FOR SUCH FURTHER MEDICAL EXAMINATION AND SUCH TREATMENT AS MAY BE
REQUIRED TO STABILIZE THE MEDICAL CONDITION; OR
(II) FOR TRANSFER OF THE INDIVIDUAL TO ANOTHER MEDICAL FACILITY IN
ACCORDANCE WITH PARAGRAPH (E) OF THIS SUBDIVISION.
(C) OBLIGATION TO PROVIDE CERTAIN TREATMENT. ADMISSION OF AN INDIVID-
UAL EXPERIENCING AN EMERGENCY MEDICAL CONDITION DOES NOT RELIEVE A
GENERAL HOSPITAL OF THE OBLIGATION TO PROVIDE ANY SUCH TREATMENT THAT,
WITHIN REASONABLE PROBABILITY, WILL PREVENT MATERIAL DETERIORATION OF
THE PATIENT'S CONDITION.
(D) REFUSAL TO CONSENT TO TREATMENT. A GENERAL HOSPITAL IS DEEMED TO
MEET THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION WITH RESPECT
TO AN INDIVIDUAL IF THE GENERAL HOSPITAL OFFERS THE INDIVIDUAL THE
FURTHER MEDICAL EXAMINATION AND TREATMENT DESCRIBED IN SUCH PARAGRAPH
AND INFORMS THE INDIVIDUAL, OR A PERSON LEGALLY AUTHORIZED TO MAKE
HEALTH CARE DECISIONS ON BEHALF OF THE INDIVIDUAL, OF THE RISKS AND
BENEFITS TO THE INDIVIDUAL OF SUCH EXAMINATION AND TREATMENT, BUT THE
INDIVIDUAL, OR A PERSON LEGALLY AUTHORIZED TO MAKE HEALTH CARE DECISIONS
ON BEHALF OF THE INDIVIDUAL, REFUSES TO CONSENT TO THE EXAMINATION AND
TREATMENT. THE GENERAL HOSPITAL SHALL TAKE ALL REASONABLE STEPS TO
SECURE THE INDIVIDUAL'S WRITTEN INFORMED CONSENT, OR THAT OF AN INDIVID-
UAL LEGALLY AUTHORIZED TO MAKE HEALTH CARE DECISIONS ON BEHALF OF THE
INDIVIDUAL, TO REFUSE SUCH EXAMINATION AND TREATMENT.
(E) RESTRICTING TRANSFERS UNTIL INDIVIDUAL STABILIZED. (I) IF AN INDI-
VIDUAL AT A GENERAL HOSPITAL HAS AN EMERGENCY MEDICAL CONDITION WHICH
HAS NOT BEEN STABILIZED, THE GENERAL HOSPITAL MAY NOT TRANSFER THE INDI-
VIDUAL UNLESS:
S. 3007--B 53
(1) THE INDIVIDUAL, OR A PERSON LEGALLY AUTHORIZED TO MAKE HEALTH CARE
DECISIONS ON BEHALF OF THE INDIVIDUAL, AFTER BEING INFORMED OF THE
GENERAL HOSPITAL'S OBLIGATIONS UNDER THIS SECTION AND OF THE RISK OF
TRANSFER, IN WRITING REQUESTS TRANSFER TO ANOTHER MEDICAL FACILITY; AND
(2) A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED
UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE
OF PRACTICE HAS SIGNED A CERTIFICATION THAT:
(A) BASED UPON THE INFORMATION AVAILABLE AT THE TIME OF TRANSFER, THE
MEDICAL BENEFITS REASONABLY EXPECTED FROM THE PROVISION OF APPROPRIATE
MEDICAL TREATMENT AT ANOTHER MEDICAL FACILITY OUTWEIGH THE INCREASED
RISKS TO THE INDIVIDUAL; AND
(B) THE TRANSFER IS AN APPROPRIATE TRANSFER TO THAT FACILITY;
(II) A CERTIFICATION DESCRIBED IN CLAUSES ONE AND TWO OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH SHALL INCLUDE A SUMMARY OF THE RISKS AND BENEFITS
UPON WHICH THE CERTIFICATION IS BASED.
(F) ACCEPTANCE OF TRANSFER. A GENERAL HOSPITAL SHALL NOT REFUSE TO
ACCEPT AN APPROPRIATE TRANSFER OF AN INDIVIDUAL WHO REQUIRES SUCH
SPECIALIZED CAPABILITIES OR FACILITIES IF THE GENERAL HOSPITAL HAS THE
CAPACITY TO TREAT THE INDIVIDUAL.
(G) NO DELAY IN EXAMINATION OR TREATMENT. A GENERAL HOSPITAL MAY NOT
DELAY PROVISION OF AN APPROPRIATE MEDICAL SCREENING EXAMINATION REQUIRED
UNDER PARAGRAPH (A) OF THIS SUBDIVISION OR FURTHER MEDICAL EXAMINATION
AND TREATMENT REQUIRED UNDER PARAGRAPH (B) OF THIS SUBDIVISION IN ORDER
TO INQUIRE ABOUT THE INDIVIDUAL'S METHOD OF PAYMENT OR INSURANCE STATUS.
(H) RETALIATION PROHIBITED. A GENERAL HOSPITAL MAY NOT PENALIZE,
RETALIATE, DISCRIMINATE OR OTHERWISE TAKE AN ADVERSE ACTION AGAINST A
HEALTH CARE PRACTITIONER, BECAUSE THE PRACTITIONER REFUSES TO AUTHORIZE
THE TRANSFER OF AN INDIVIDUAL WITH AN EMERGENCY MEDICAL CONDITION THAT
HAS NOT BEEN STABILIZED OR BECAUSE THE PRACTITIONER PROVIDES TREATMENT
NECESSARY TO STABILIZE A PATIENT WHO IS, IN THE PRACTITIONER'S REASON-
ABLE MEDICAL JUDGMENT, EXPERIENCING AN EMERGENCY MEDICAL CONDITION. A
GENERAL HOSPITAL MAY NOT PENALIZE, RETALIATE, DISCRIMINATE OR OTHERWISE
TAKE AN ADVERSE ACTION AGAINST ANY INDIVIDUAL BECAUSE THE INDIVIDUAL
REPORTS A VIOLATION OF A REQUIREMENT OF THIS SUBDIVISION.
4. GENERAL HOSPITALS SHALL ADOPT, IMPLEMENT, AND PERIODICALLY UPDATE
STANDARD PROTOCOLS FOR THE MANAGEMENT OF EMERGENCY MEDICAL CONDITIONS,
INCLUDING DIAGNOSIS, STABILIZATION, TREATMENT, OR TRANSFER TO ANOTHER
MEDICAL UNIT OR FACILITY.
5. A general hospital within a city with a population of one million
or more may request the emergency medical service of such city's health
and hospitals corporation or any person, firm, organization or corpo-
ration providing ambulance service to divert ambulances to another
hospital only under the following circumstances:
A request for diversion of emergency patients with life threatening
conditions shall only be made by a hospital when acceptance of an addi-
tional critical patient may endanger the life of that patient or the
life of another patient. A request for the diversion of other emergency
patients shall only be made when all appropriate beds are filled and
shall be withdrawn as soon as a bed is available. Notwithstanding the
foregoing, all requests for diversion must be renewed at the beginning
of each tour of duty as designated by the emergency medical service of
such city's health and hospitals corporation.
Diversion of patients with certain medical conditions which, in the
best interest of the patients, require their transport directly to
specialty referral centers shall be permitted following the designation
of such specialty referral centers. Diversion of patients with psychiat-
S. 3007--B 54
ric conditions to comprehensive psychiatric emergency programs, as such
term is defined in section 1.03 of the mental hygiene law, and subject
to the provisions of section 31.27 of such law, shall only be permitted
following the designation of the programs by the commissioners of health
and mental health to receive such patients.
[4.] 6. Nothing in this section shall be construed to deny to [the
attending physician] A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR
AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THEIR
LAWFUL SCOPE OF PRACTICE the right to evaluate the medical needs of
persons arriving at the hospital for emergency treatment and to delay or
deny medical treatment where, in the opinion of the [attending physi-
cian] HEALTH CARE PRACTITIONER, no [actual medical] emergency MEDICAL
CONDITION exists. [However, no person actually in need of emergency
treatment, as determined by the attending physician, shall be denied
such treatment by a general hospital in cities with a population of one
million or more for any reason whatsoever.]
[5.] 7. The staff of a general hospital shall: (a) inquire whether or
not the person admitted has served in the United States armed forces.
Such information shall be listed on the admissions form; (b) notify any
admittee who is a veteran of the possible availability of services at a
hospital operated by the United States veterans health administration,
and, upon request by the admittee, such staff shall make arrangements
for the individual's transfer to a United States veterans health admin-
istration hospital, provided, however, that transfers shall be author-
ized only after it has been determined, according to accepted clinical
and medical standards, that the patient's condition has stabilized and
transfer can be accomplished safely and without complication; and (c)
provide any admittee who has served in the United States armed forces
with a copy of the "Information for Veterans concerning Health Care
Options" fact sheet, maintained by the department of veterans' services
pursuant to subdivision twenty-nine of section four of the veterans'
services law prior to discharging or transferring the patient. The
commissioner shall promulgate rules and regulations for notifying such
admittees of possible available services and for arranging a requested
transfer.
8. (A) WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, EITHER UPON
COMPLAINT OR OTHERWISE, THAT ANY PERSON OR PERSONS HAS ACTS OR PRACTICES
STATED TO BE UNLAWFUL UNDER THIS SECTION, THE ATTORNEY GENERAL MAY BRING
AN ACTION OR SPECIAL PROCEEDING IN THE NAME AND ON BEHALF OF THE PEOPLE
OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF THIS SECTION AND TO
OBTAIN CIVIL PENALTIES OF NOT MORE THAN FIFTY THOUSAND DOLLARS PER
VIOLATION AND TO OBTAIN ANY SUCH OTHER AND FURTHER RELIEF AS THE COURT
MAY DEEM PROPER, INCLUDING PRELIMINARY RELIEF.
(B) THE REMEDIES PROVIDED BY THIS SECTION SHALL BE IN ADDITION TO ANY
OTHER LAWFUL REMEDY AVAILABLE.
(C) ANY ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION MUST BE COMMENCED WITHIN SIX YEARS OF THE DATE
ON WHICH THE ATTORNEY GENERAL BECAME AWARE OF THE VIOLATION.
(D) IN CONNECTION WITH ANY PROPOSED ACTION OR SPECIAL PROCEEDING UNDER
THIS SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE
A DETERMINATION OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORD-
ANCE WITH THE CIVIL PRACTICE LAW AND RULES. THE ATTORNEY GENERAL MAY
ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THEY MAY DEEM RELEVANT
AND MAY REQUIRE WRITTEN RESPONSES TO QUESTIONS UNDER OATH. SUCH POWER OF
SUBPOENA AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON OF ANY
S. 3007--B 55
ACTION OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL UNDER THIS
ARTICLE.
(E) THIS SECTION SHALL APPLY TO ALL ACTS DECLARED TO BE UNLAWFUL IN
THIS SECTION, WHETHER OR NOT SUBJECT TO ANY OTHER LAW OF THIS STATE, AND
SHALL NOT SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF THIS STATE.
(F) THE ATTORNEY GENERAL MAY ASSESS CIVIL PENALTIES UNDER THIS SECTION
ONLY IF THERE ARE NO FINES ASSESSED FOR THE VIOLATION BY THE FEDERAL
GOVERNMENT.
9. THE COMMISSIONER SHALL REVISE AND REPEAL CONFLICTING REGULATIONS AS
MAY BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF
THIS SECTION.
§ 3. Subdivision 3 of section 2805-b of the public health law, as
added by chapter 787 of the laws of 1983, is renumbered subdivision 5.
§ 4. Section 2803-o-1 of the public health law is REPEALED.
§ 5. The public health law is amended by adding a new section 2832 to
read as follows:
§ 2832. INTERFERENCE WITH CARE; PROHIBITED. 1. IF A HEALTH CARE PRAC-
TITIONER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW IS ACTING
IN GOOD FAITH, WITHIN THE PRACTITIONER'S SCOPE OF PRACTICE, AND WITHIN
THE RELEVANT STANDARD OF CARE, A HOSPITAL MAY NOT LIMIT THE HEALTH CARE
PRACTITIONER'S PROVISION OF MEDICALLY ACCURATE AND COMPREHENSIVE INFOR-
MATION AND RESOURCES TO A PATIENT REGARDING THE PATIENT'S HEALTH STATUS
INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, PROGNOSIS, RECOMMENDED TREAT-
MENT, TREATMENT ALTERNATIVES, INFORMATION ABOUT AVAILABLE SERVICES AND
WHERE AND HOW TO OBTAIN THEM, AND ANY POTENTIAL RISKS TO THE PATIENT'S
HEALTH OR LIFE.
2. A HEALTH CARE ENTITY SHALL NOT PENALIZE, RETALIATE, DISCRIMINATE OR
OTHERWISE TAKE ADVERSE ACTION AGAINST A HEALTH CARE PRACTITIONER ENGAG-
ING IN COMMUNICATIONS CONSISTENT WITH THIS SECTION.
3. THE DEPARTMENT SHALL DESIGN, PREPARE AND MAKE AVAILABLE ONLINE
WRITTEN MATERIALS TO CLEARLY INFORM HEALTH CARE PRACTITIONERS AND STAFF
OF THE PROVISIONS OF THIS SECTION.
§ 6. Conflict of laws. To the extent that any laws in the state of New
York conflict with this act, this act shall govern. If any part of this
section is found to be in conflict with federal requirements that are a
prescribed condition to the allocation of federal funds to the state,
the conflicting part of this act is inoperative solely to the extent of
the conflict and with respect to the agencies directly affected, and
this finding does not affect the operation of the remainder of this act
in its application to the agencies concerned. Rules adopted under this
act must meet federal requirements that are a necessary condition to the
receipt of federal funds by the state.
§ 7. Severability. If any clause, sentence, paragraph, section or part
of this act be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the
remainder hereof but shall be applied in its operation to the clause,
sentence, paragraph, section or part hereof directly involved in the
controversy in which such judgment shall have been rendered.
§ 8. This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 2805-b of the public health
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 21 of chapter 723
of the laws of 1989, as amended, when upon such date the provisions of
section three of this act shall take effect.
PART Q
S. 3007--B 56
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (nn) to read as follows:
(NN) (I) MEDICAL ASSISTANCE SHALL INCLUDE THE COVERAGE OF THE FOLLOW-
ING SERVICES FOR INDIVIDUALS WITH INFERTILITY, INCLUDING IATROGENIC
INFERTILITY DIRECTLY OR INDIRECTLY CAUSED BY MEDICAL TREATMENT AND
INFERTILITY WITH AN UNDERLYING DIAGNOSIS:
(1) STANDARD FERTILITY PRESERVATION SERVICES TO PREVENT OR TREAT
INFERTILITY, WHICH SHALL INCLUDE MEDICALLY NECESSARY COLLECTION, FREEZ-
ING, PRESERVATION AND STORAGE OF OOCYTES OR SPERM, AND SUCH OTHER STAND-
ARD SERVICES THAT ARE NOT EXPERIMENTAL OR INVESTIGATIONAL; TOGETHER WITH
PRESCRIPTION DRUGS, WHICH SHALL BE LIMITED TO FEDERAL FOOD AND DRUG
ADMINISTRATION APPROVED MEDICATIONS AND SUBJECT TO MEDICAL ASSISTANCE
PROGRAM COVERAGE REQUIREMENTS;
(2) COVERAGE OF THE COSTS OF STORAGE OF OOCYTES OR SPERM SHALL BE
SUBJECT TO CONTINUED MEDICAL ASSISTANCE PROGRAM ELIGIBILITY OF THE INDI-
VIDUAL WITH IATROGENIC INFERTILITY, AND SHALL TERMINATE UPON ANY DISCON-
TINUANCE OF MEDICAL ASSISTANCE ELIGIBILITY; AND
(3) THREE CYCLES OF IN-VITRO FERTILIZATION USED IN THE TREATMENT OF
INFERTILITY.
(II) IN THE EVENT THAT FEDERAL FINANCIAL PARTICIPATION FOR SUCH
FERTILITY PRESERVATION SERVICES IS NOT AVAILABLE, MEDICAL ASSISTANCE
SHALL NOT INCLUDE COVERAGE OF THESE SERVICES.
(III) FOR PURPOSES OF THIS PARAGRAPH, "IATROGENIC INFERTILITY" MEANS
AN IMPAIRMENT OF FERTILITY RESULTING FROM SURGERY, RADIATION,
CHEMOTHERAPY, SICKLE CELL TREATMENT, OR OTHER MEDICAL TREATMENT AFFECT-
ING REPRODUCTIVE ORGANS OR PROCESSES; AND A "CYCLE" IS DEFINED AS
EITHER ALL TREATMENT THAT STARTS WHEN: PREPARATORY MEDICATIONS ARE
ADMINISTERED FOR OVARIAN STIMULATION FOR OOCYTE RETRIEVAL WITH THE
INTENT OF UNDERGOING IN-VITRO FERTILIZATION USING A FRESH EMBRYO TRANS-
FER; OR MEDICATIONS ARE ADMINISTERED FOR ENDOMETRIAL PREPARATION WITH
THE INTENT OF UNDERGOING IN-VITRO FERTILIZATION USING A FROZEN EMBRYO
TRANSFER.
§ 2. Section 4 of part K of chapter 82 of the laws of 2002 amending
the insurance law and the public health law relating to coverage for the
diagnosis and treatment of infertility, is REPEALED.
§ 3. The public health law is amended by adding a new section
2599-bb-2 to read as follows:
§ 2599-BB-2. IMPROVED ACCESS TO INFERTILITY HEALTH CARE SERVICES GRANT
PROGRAM. 1. THE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-V OF THIS CHAPTER, SHALL
ESTABLISH A PROGRAM TO PROVIDE GRANTS TO HEALTH CARE PROVIDERS FOR THE
PURPOSE OF IMPROVING ACCESS TO AND EXPANDING HEALTH CARE SERVICES
RELATED TO THE RANGE OF CARE FOR INFERTILITY. SUCH PROGRAM SHALL FUND
UNCOMPENSATED HEALTH CARE SERVICES RELATED TO THE RANGE OF CARE FOR
INFERTILITY, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR INDI-
VIDUALS WHO LACK THE ABILITY TO PAY FOR CARE, LACK INSURANCE COVERAGE,
ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE RENDERING
PROVIDER. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, GRANTS PROVIDED PURSUANT TO SUCH
PROGRAM MAY BE MADE WITHOUT COMPETITIVE BID OR REQUEST FOR PROPOSAL.
2. SERVICES, TREATMENTS, AND PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM SHALL BE MADE AVAILABLE ONLY IN ACCORDANCE WITH STANDARDS,
PROTOCOLS, AND OTHER PARAMETERS ESTABLISHED BY THE COMMISSIONER, WHICH
SHALL INCORPORATE BUT NOT BE LIMITED TO THE AMERICAN SOCIETY FOR REPRO-
DUCTIVE MEDICINE (ASRM) AND THE AMERICAN COLLEGE OF OBSTETRICIANS AND
S. 3007--B 57
GYNECOLOGISTS (ACOG) STANDARDS FOR THE APPROPRIATENESS OF INDIVIDUALS,
PROVIDERS, TREATMENTS, AND PROCEDURES.
3. AT LEAST ONE SUCH PROVIDER SHALL BE LOCATED IN THE CITY OF NEW YORK
AND ONE SUCH PROVIDER SHALL BE LOCATED IN AN UPSTATE REGION. ANY ORGAN-
IZATION OR PROVIDER RECEIVING FUNDS FROM THE PROGRAM SHALL TAKE ALL
NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIV-
ING SERVICES, TREATMENTS OR PROCEDURES PAID FOR PURSUANT TO THE GRANT
PROGRAM PURSUANT TO STATE AND FEDERAL LAWS.
§ 3-a. Under the authority of state plan amendment #17-0058, as
amended by state plan amendment #23-0050, the department of health shall
establish an alternative payment methodology (APM) for federally quali-
fied health centers to preserve and improve patient access to fertility
care. Such payments shall be in addition to any prospective payment
system (PPS) or any other alternative payment methodology for eligible
federally qualified health centers. The APM shall be determined by the
department and shall equal the difference between what the eligible
provider would have been paid for certain classes of fertility drugs
under section 340B of the federal public health services act between
January 1, 2024 and December 31, 2024 and the amount that the eligible
provider would have been reimbursed for such drugs by a managed care
organization, if covered by such managed care organization. For purposes
of this section, eligible fertility drugs shall be limited to gondotro-
pion, GNRH antagonists, and GNRH agonists.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that section one of this act shall take effect October 1, 2025.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
date.
PART R
Section 1. The opening paragraph of subdivision 1 of section 122-b of
the general municipal law, as amended by chapter 471 of the laws of
2011, is amended and a new paragraph (g) is added to read as follows:
[Any] GENERAL AMBULANCE SERVICES ARE AN ESSENTIAL SERVICE. EVERY
county, city, town [or] AND village, acting individually or jointly OR
IN CONJUNCTION WITH A SPECIAL DISTRICT, [may provide] SHALL ENSURE THAT
an emergency medical service, a general ambulance service or a combina-
tion of such services ARE PROVIDED for the purpose of providing prehos-
pital emergency medical treatment or transporting sick or injured
persons found within the boundaries of the municipality or the munici-
palities acting jointly to a hospital, clinic, sanatorium or other place
for treatment of such illness or injury, [and for] PROVIDED, HOWEVER,
THAT THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A CITY WITH A
POPULATION OF ONE MILLION OR MORE. IN FURTHERANCE OF that purpose, A
COUNTY, CITY, TOWN OR VILLAGE may:
(G) ESTABLISH A SPECIAL DISTRICT FOR THE FINANCING AND OPERATION OF
GENERAL AMBULANCE SERVICES, INCLUDING SUPPORT FOR AGENCIES CURRENTLY
PROVIDING EMS SERVICES, AS SET FORTH BY THIS SECTION, WHEREBY ANY COUN-
TY, CITY, TOWN OR VILLAGE, ACTING INDIVIDUALLY, OR JOINTLY WITH ANY
OTHER COUNTY, CITY, TOWN AND/OR VILLAGE, THROUGH ITS GOVERNING BODY OR
BODIES, FOLLOWING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTAB-
LISHMENT OF FIRE DISTRICTS IN ARTICLE ELEVEN OF THE TOWN LAW OR FOLLOW-
ING APPLICABLE PROCEDURES AS ARE REQUIRED FOR THE ESTABLISHMENT OF JOINT
S. 3007--B 58
FIRE DISTRICTS IN ARTICLE ELEVEN-A OF THE TOWN LAW, WITH SUCH SPECIAL
DISTRICT BEING AUTHORIZED BY THIS SECTION TO BE ESTABLISHED IN ALL OR
ANY PART OF ANY SUCH PARTICIPATING COUNTY OR COUNTIES, TOWN OR TOWNS,
CITY OR CITIES AND/OR VILLAGE OR VILLAGES. NOTWITHSTANDING ANY
PROVISION OF THIS ARTICLE, RULE OR REGULATION TO THE CONTRARY, ANY
SPECIAL DISTRICT CREATED UNDER THIS SECTION SHALL NOT OVERLAP WITH A
PRE-EXISTING CITY, TOWN OR VILLAGE AMBULANCE DISTRICT UNLESS SUCH EXIST-
ING DISTRICT IS MERGED INTO THE NEWLY CREATED DISTRICT. NO CITY, TOWN
OR VILLAGE SHALL ELIMINATE OR DISSOLVE A PRE-EXISTING AMBULANCE DISTRICT
WITHOUT EXPRESS APPROVAL AND CONSENT BY THE COUNTY TO ASSUME RESPONSI-
BILITY FOR THE EMERGENCY MEDICAL SERVICES PREVIOUSLY PROVIDED BY SUCH
DISTRICT. WHEN A SPECIAL DISTRICT IS ESTABLISHED PURSUANT TO THIS ARTI-
CLE, THE CITIES, TOWNS, OR VILLAGES CONTAINED WITHIN THE COUNTY SHALL
NOT REDUCE CURRENT AMBULANCE FUNDING WITHOUT SUCH CHANGES BEING INCORPO-
RATED INTO THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SYSTEM PLAN.
§ 2. Section 3000 of the public health law, as amended by chapter 804
of the laws of 1992, is amended to read as follows:
§ 3000. Declaration of policy and statement of purpose. The furnishing
of medical assistance in an emergency is a matter of vital concern
affecting the public health, safety and welfare. EMERGENCY MEDICAL
SERVICES AND AMBULANCE SERVICES ARE ESSENTIAL SERVICES AND SHALL BE
AVAILABLE TO EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
Prehospital emergency medical care, OTHER EMERGENCY MEDICAL SERVICES,
the provision of prompt and effective communication among ambulances and
hospitals and safe and effective care and transportation of the sick and
injured are essential public health services AND SHALL BE AVAILABLE TO
EVERY PERSON IN THE STATE OF NEW YORK IN A RELIABLE MANNER.
It is the purpose of this article to promote the public health, safety
and welfare by providing for certification of all advanced life support
first response services and ambulance services; the creation of regional
emergency medical services councils; and a New York state emergency
medical services council to develop minimum training standards for
certified first responders, emergency medical technicians and advanced
emergency medical technicians and minimum equipment and communication
standards for advanced life support first response services and ambu-
lance services.
§ 3. Subdivision 1 of section 3001 of the public health law, as
amended by chapter 804 of the laws of 1992, is amended to read as
follows:
1. "Emergency medical service" means [initial emergency medical
assistance including, but not limited to, the treatment of trauma,
burns, respiratory, circulatory and obstetrical emergencies] A COORDI-
NATED SYSTEM OF INTEROPERABLE HEALTHCARE RESPONSE, ASSESSMENT, TREAT-
MENT, TRANSPORTATION, EMERGENCY MEDICAL DISPATCH, MEDICAL DIRECTION,
RESEARCH, AND PRACTITIONER EDUCATION THAT PROVIDES ESSENTIAL EMERGENCY
AND NON-EMERGENCY CARE AND TRANSPORTATION FOR THE ILL AND INJURED AND
ENHANCES PREPAREDNESS AND MITIGATES RISKS TO THE PUBLIC.
§ 4. The public health law is amended by adding a new section 3019 to
read as follows:
§ 3019. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1. THE
STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND WITH
FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE
COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A
COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE STATE, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO:
S. 3007--B 59
(A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
OTHER COMPONENTS TO IMPROVE THE DELIVERY OF EMERGENCY MEDICAL SERVICE
AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTAL-
ITY;
(B) IMPROVING THE ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
SERVICE;
(C) COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS, HOSPITALS, AND
OTHER PUBLIC AND PRIVATE AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
MODELS FOR PERSONS WHO ARE PRESENTLY USING EMERGENCY DEPARTMENTS FOR
ROUTINE, NONURGENT AND PRIMARY MEDICAL CARE TO BE SERVED APPROPRIATELY
AND ECONOMICALLY, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT APPLY TO A CITY WITH A POPULATION OF ONE MILLION OR
MORE; AND
(D) CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION AND
TRAINING DESIGNED TO UPGRADE THE KNOWLEDGE AND SKILLS OF EMERGENCY
MEDICAL SERVICE PRACTITIONERS THROUGHOUT THE STATE WITH EMPHASIS ON
REGIONS UNDERSERVED BY OR WITH LIMITED ACCESS TO EMERGENCY MEDICAL
SERVICES.
2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL BE
REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
DEPARTMENT'S WEBSITE, OR AT SUCH EARLIER TIMES AS MAY BE NECESSARY TO
IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF THE STATE'S EMERGENCY
MEDICAL SERVICE SYSTEM.
3. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP AND
MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SYSTEM PLAN OR ADOPT
THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN, TO
PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE REGION.
SUCH PLANS SHALL INCORPORATE ALL AMBULANCE SERVICES WITH A CURRENT EMS
OPERATING CERTIFICATE FOR RESPONSE TO CALLS IN THEIR DESIGNATED OPERAT-
ING TERRITORY AND SHALL BE SUBJECT TO REVIEW BY THE STATE EMERGENCY
MEDICAL SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT. ANY
PROPOSED PERMANENT CHANGES TO THE REGIONAL EMERGENCY MEDICAL SYSTEM
PLAN, INCLUDING THE DISSOLUTION OF AN AMBULANCE SERVICES DISTRICT OR
OTHER SIGNIFICANT MODIFICATION OF EXISTING COVERAGE SHALL BE SUBMITTED
IN WRITING TO THE DEPARTMENT NO LATER THAN ONE HUNDRED EIGHTY DAYS
BEFORE THE CHANGE SHALL TAKE EFFECT. SUCH CHANGES SHALL NOT BE MADE
UNTIL RECEIPT OF THE APPROPRIATE DEPARTMENTAL APPROVALS.
4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
MEDICAL SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL EMERGENCY MEDICAL
SERVICES FOR ALL RESIDENTS WITHIN THE COUNTY. THE COUNTY OFFICE OF EMER-
GENCY MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLE-
MENTATION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL
SYSTEM PLAN. SUCH PLANS MAY REQUIRE REVIEW AND APPROVAL, AS DETERMINED
BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, BY SUCH COUNCIL, THE
REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVAL BY THE DEPART-
MENT. SUCH PLAN SHALL INCORPORATE ALL AMBULANCE SERVICES WITH A CURRENT
EMS OPERATING CERTIFICATE FOR RESPONSE TO CALLS IN THEIR DESIGNATED
OPERATING TERRITORY AND SHALL OUTLINE THE PRIMARY RESPONDING AGENCY FOR
REQUESTS FOR SERVICE FOR EACH PART OF THE COUNTY. ANY PROPOSED PERMA-
NENT CHANGES TO THE COUNTY EMERGENCY MEDICAL SYSTEM PLAN, INCLUDING THE
DISSOLUTION OF AN AMBULANCE SERVICES DISTRICT OR OTHER SIGNIFICANT
MODIFICATION OF EXISTING COVERAGE SHALL BE SUBMITTED IN WRITING TO THE
DEPARTMENT NO LATER THAN ONE HUNDRED EIGHTY DAYS BEFORE THE CHANGE SHALL
TAKE EFFECT. SUCH CHANGES SHALL NOT BE MADE UNTIL RECEIPT OF THE APPRO-
S. 3007--B 60
PRIATE APPROVALS. NO COUNTY SHALL REMOVE OR REASSIGN AN AREA SERVED BY
AN EXISTING MEDICAL EMERGENCY RESPONSE AGENCY WHERE SUCH AGENCY IS
COMPLIANT WITH ALL STATUTORY AND REGULATORY REQUIREMENTS, AND HAS AGREED
TO THE PROVISION OF THE APPROVED PLAN.
§ 5. The public health law is amended by adding a new section 3019-a
to read as follows:
§ 3019-A. EMERGENCY MEDICAL SYSTEMS TRAINING PROGRAM. 1. THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDATIONS TO THE
DEPARTMENT FOR THE DEPARTMENT TO IMPLEMENT STANDARDS RELATED TO THE
ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY MEDICAL SYSTEMS THAT
INCLUDE BUT ARE NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE PRAC-
TITIONERS, EMERGENCY MEDICAL SERVICES AGENCIES, APPROVED EDUCATIONAL
INSTITUTIONS, GEOGRAPHIC AREAS, FACILITIES, AND PERSONNEL, AND THE
COMMISSIONER SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED
ON STATE APPROPRIATIONS. UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES
THE TRAINING PROGRAM ESTABLISHED PURSUANT TO THIS SECTION IS IN EFFECT,
ALL CURRENT STANDARDS, CURRICULA, AND REQUIREMENTS FOR STUDENTS, EMER-
GENCY MEDICAL SERVICE PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL
SHALL REMAIN IN EFFECT.
2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH FINAL APPROVAL
OF THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC-
ULA, AND REQUIREMENTS FOR ALL EMERGENCY MEDICAL SYSTEM EDUCATIONAL
INSTITUTIONS. NO PERSON OR EDUCATIONAL INSTITUTION SHALL PROFESS TO
PROVIDE EMERGENCY MEDICAL SYSTEM TRAINING WITHOUT MEETING THE REQUIRE-
MENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL OF THE DEPARTMENT.
3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
CONTRACT, FOR LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM
TRAINING FOR EMERGENCY MEDICAL SERVICE PRACTITIONERS AND EMERGENCY
MEDICAL SYSTEM AGENCY PERSONNEL, USING FUNDING INCLUDING BUT NOT LIMITED
TO ALLOCATIONS TO AID TO LOCALITIES FOR EMERGENCY MEDICAL SERVICES
TRAINING.
4. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE REGIONAL
EMERGENCY MEDICAL SERVICES COUNCIL WITH JURISDICTION OVER THE CITY OF
NEW YORK SHALL HAVE AUTHORITY TO ESTABLISH, SUBJECT TO THE APPROVAL OF
THE COMMISSIONER, TRAINING AND EDUCATIONAL REQUIREMENTS WHICH SHALL
APPLY TO ALL EMERGENCY MEDICAL PRACTITIONERS WORKING IN THE 911 SYSTEM
OF THE CITY OF NEW YORK AND TO DETERMINE PROTOCOLS FOR THE DELIVERY OF
EMERGENCY MEDICAL CARE, INCLUDING THOSE RELATED TO STAFFING, IN THE 911
SYSTEM OF THE CITY OF NEW YORK. SUCH TRAINING AND EDUCATIONAL REQUIRE-
MENTS AND PROTOCOLS FOR THE DELIVERY OF CARE SHALL BE AT LEAST EQUAL OR
COMPARABLE TO THOSE APPLICABLE TO EMERGENCY MEDICAL SERVICE PRACTITION-
ERS IN OTHER AREAS OF THE STATE.
5. THE DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE TO
ENSURE COMPLIANCE. THE DEPARTMENT MAY REQUEST THE STATE OR REGIONAL
EMERGENCY MEDICAL SERVICES COUNCIL'S ASSISTANCE TO ENSURE THE COMPLI-
ANCE, MAINTENANCE, AND COORDINATION OF TRAINING PROGRAMS. EMERGENCY
MEDICAL SERVICES INSTITUTIONS THAT FAIL TO MEET APPLICABLE STANDARDS AND
REGULATIONS MAY BE SUBJECT TO ENFORCEMENT ACTION, INCLUDING BUT NOT
LIMITED TO REVOCATION, SUSPENSION, PERFORMANCE IMPROVEMENT PLANS, OR
RESTRICTION FROM SPECIFIC TYPES OF EDUCATION.
§ 6. Section 3020 of the public health law is amended by adding three
new subdivisions 3, 4 and 5 to read as follows:
3. THE DEPARTMENT, WITH THE APPROVAL OF THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL, MAY CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING AND
CRITERIA TO BECOME AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDENT-
S. 3007--B 61
IALLED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT FURTHER
SUPPORT OR ADVANCE THE EMERGENCY MEDICAL SYSTEM. THE DEPARTMENT, WITH
APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY ALSO SET
STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM
CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM.
4. THE DEPARTMENT, WITH APPROVAL OF THE STATE EMERGENCY MEDICAL
SERVICES COUNCIL MAY ALSO SET STANDARDS FOR EMERGENCY MEDICAL SYSTEM
AGENCIES TO BECOME ACCREDITED IN A SPECIFIC AREA TO INCREASE SYSTEM
PERFORMANCE AND AGENCY RECOGNITION.
5. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE REGIONAL
EMERGENCY MEDICAL SERVICES COUNCIL WITH JURISDICTION OVER THE CITY OF
NEW YORK SHALL HAVE AUTHORITY TO ESTABLISH, SUBJECT TO THE APPROVAL OF
THE COMMISSIONER, TRAINING AND EDUCATIONAL REQUIREMENTS WHICH SHALL
APPLY TO ALL EMERGENCY MEDICAL PRACTITIONERS WORKING IN THE 911 SYSTEM
OF THE CITY OF NEW YORK AND TO DETERMINE PROTOCOLS FOR THE DELIVERY OF
EMERGENCY MEDICAL CARE, INCLUDING THOSE RELATED TO STAFFING, IN THE 911
SYSTEM OF THE CITY OF NEW YORK. SUCH TRAINING AND EDUCATIONAL REQUIRE-
MENTS AND PROTOCOLS FOR THE DELIVERY OF CARE SHALL BE AT LEAST EQUAL OR
COMPARABLE TO THOSE APPLICABLE TO EMERGENCY MEDICAL SERVICE PRACTITION-
ERS IN OTHER AREAS OF THE STATE.
§ 7. This act shall take effect six months after it shall have become
a law.
PART S
Section 1. Section 4552 of the public health law, as added by section
1 of part M of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 4552. Notice of material transactions; requirements. 1. A health
care entity shall submit to the department written notice, with support-
ing documentation as described below and further defined in regulation
developed by the department, which the department shall be in receipt of
at least [thirty] SIXTY days before the closing date of the transaction,
in the form and manner prescribed by the department. Immediately upon
the submission to the department, the department shall submit electronic
copies of such notice with supporting documentation to the antitrust,
health care and charities bureaus of the office of the New York attorney
general. Such written notice shall include, but not be limited to:
(a) The names of the parties to the material transaction and their
current addresses;
(b) Copies of any definitive agreements governing the terms of the
material transaction, including pre- and post-closing conditions;
(c) Identification of all locations where health care services are
currently provided by each party and the revenue generated in the state
from such locations;
(d) Any plans to reduce or eliminate services and/or participation in
specific plan networks;
(e) The closing date of the proposed material transaction;
(f) A brief description of the nature and purpose of the proposed
material transaction including:
(i) the anticipated impact of the material transaction on cost, quali-
ty, access, health equity, and competition in the impacted markets,
which may be supported by data and a formal market impact analysis; and
(ii) any commitments by the health care entity to address anticipated
impacts[.];
S. 3007--B 62
(G) A STATEMENT AS TO WHETHER ANY PARTY TO THE TRANSACTION, OR A
CONTROLLING PERSON OR PARENT COMPANY OF SUCH PARTY, OWNS ANY OTHER
HEALTH CARE ENTITY WHICH, IN THE PAST THREE YEARS HAS CLOSED OPERATIONS,
IS IN THE PROCESS OF CLOSING OPERATIONS, OR HAS EXPERIENCED A SUBSTAN-
TIAL REDUCTION IN SERVICES PROVIDED. THE PARTIES SHALL SPECIFICALLY
IDENTIFY THE HEALTH CARE ENTITY OR ENTITIES SUBJECT TO SUCH CLOSURE OR
SUBSTANTIAL SERVICE REDUCTION AND DETAIL THE CIRCUMSTANCES OF SUCH;
(H) A STATEMENT AS TO WHETHER A SALE-LEASEBACK AGREEMENT OR MORTGAGE
OR LEASE PAYMENTS OR OTHER PAYMENTS ASSOCIATED WITH REAL ESTATE ARE A
COMPONENT OF THE PROPOSED TRANSACTION AND IF SO, THE PARTIES SHALL
PROVIDE THE PROPOSED SALE-LEASEBACK AGREEMENT OR MORTGAGE, LEASE, OR
REAL ESTATE DOCUMENTS WITH THE NOTICE; AND
(I) A STATEMENT AS TO WHETHER ANY DIRECT FINANCIAL INTEREST OR MATE-
RIALLY INDIRECT FINANCIAL INTEREST IN THE OWNERSHIP OR OPERATION OF THE
HEALTH CARE ENTITY, ASIDE FROM THOSE INTERESTS OUTLINED IN PARAGRAPH (H)
OF THIS SUBDIVISION, ARE A COMPONENT OF THE PROPOSED TRANSACTION AND IF
SO, THE PARTIES SHALL PROVIDE DETAILS OF THE FINANCIAL INTEREST AS
DETERMINED NECESSARY BY THE COMMISSIONER.
2. [(a) Except as provided in paragraph (b) of this subdivision,
supporting documentation as described in subdivision one of this section
shall not be subject to disclosure under article six of the public offi-
cers law.
(b)] During such [thirty-day] SIXTY-DAY period prior to the closing
date, the department shall post on its website:
[(i)] (A) a summary of the proposed transaction;
[(ii)] (B) an explanation of the groups or individuals likely to be
impacted by the transaction;
[(iii)] (C) information about services currently provided by the
health care entity, commitments by the health care entity to continue
such services and any services that will be reduced or eliminated; and
[(iv)] (D) details about how to submit comments, in a format that is
easy to find and easy to read.
3. (A) A health care entity that is a party to a material transaction
shall notify the department upon closing of the transaction in the form
and manner prescribed by the department.
(B) ANNUALLY, FOR A FIVE-YEAR PERIOD FOLLOWING CLOSING OF THE TRANS-
ACTION AND ON THE DATE OF SUCH ANNIVERSARY, PARTIES TO A MATERIAL TRANS-
ACTION SHALL NOTIFY THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY
THE DEPARTMENT, OF FACTORS AND METRICS TO ASSESS THE IMPACTS OF THE
TRANSACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION.
THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION, INCLUDING
ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCUMENTS AND
INFORMATION IN CONNECTION WITH THE ANNUAL REPORT REQUIRED UNDER THIS
PARAGRAPH, TO THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO
ASSESS THE IMPACTS OF THE TRANSACTION ON COST, QUALITY, ACCESS, HEALTH
EQUITY, AND COMPETITION OR TO VERIFY OR CLARIFY INFORMATION SUBMITTED IN
SUPPORT OR AS PART OF THE ANNUAL REPORT REQUIRED UNDER THIS PARAGRAPH.
PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE DAYS OF REQUEST.
4. (A) THE DEPARTMENT SHALL CONDUCT A PRELIMINARY REVIEW OF ALL
PROPOSED TRANSACTIONS. REVIEW OF A MATERIAL TRANSACTION NOTICE MAY ALSO,
AT THE DISCRETION OF THE DEPARTMENT, CONSIST OF A FULL COST AND MARKET
IMPACT REVIEW. THE DEPARTMENT SHALL NOTIFY THE PARTIES IF AND WHEN IT
DETERMINES THAT A FULL COST AND MARKET IMPACT REVIEW IS REQUIRED AND, IF
SO, THE DATE THAT THE PRELIMINARY REVIEW IS COMPLETED.
(B) IN THE EVENT THE DEPARTMENT DETERMINES THAT A FULL COST AND MARKET
IMPACT REVIEW IS REQUIRED, THE DEPARTMENT SHALL HAVE DISCRETION TO
S. 3007--B 63
REQUIRE PARTIES TO DELAY THE PROPOSED TRANSACTION CLOSING UNTIL SUCH
COST AND MARKET IMPACT REVIEW IS COMPLETED, BUT IN NO EVENT SHALL THE
CLOSING BE DELAYED MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE DATE THE
DEPARTMENT COMPLETES ITS PRELIMINARY REVIEW OF THE PROPOSED TRANSACTION.
(C) THE DEPARTMENT MAY ASSESS ON PARTIES TO A MATERIAL TRANSACTION ALL
ACTUAL, REASONABLE, AND DIRECT COSTS INCURRED IN REVIEWING AND EVALUAT-
ING THE NOTICE. ANY SUCH FEES SHALL BE PAYABLE TO THE DEPARTMENT WITHIN
FOURTEEN DAYS OF NOTICE OF SUCH ASSESSMENT.
5. (A) THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION,
INCLUDING ANY PARENTS OR SUBSIDIARIES THEREOF, SUBMIT ADDITIONAL DOCU-
MENTS AND INFORMATION IN CONNECTION WITH A MATERIAL TRANSACTION NOTICE
OR A FULL COST AND MARKET IMPACT REVIEW REQUIRED UNDER THIS SECTION, TO
THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO CONDUCT A PRELIM-
INARY REVIEW OF THE TRANSACTION; TO ASSESS THE IMPACTS OF THE TRANS-
ACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION; OR TO
VERIFY OR CLARIFY INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION. PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN TWENTY-ONE
DAYS OF REQUEST.
(B) THE DEPARTMENT SHALL KEEP CONFIDENTIAL ALL NONPUBLIC INFORMATION
AND DOCUMENTS OBTAINED UNDER THIS SUBDIVISION AND SHALL NOT DISCLOSE THE
INFORMATION OR DOCUMENTS TO ANY PERSON WITHOUT THE CONSENT OF THE
PARTIES TO THE PROPOSED TRANSACTION, EXCEPT AS SET FORTH IN PARAGRAPH
(C) OF THIS SUBDIVISION.
(C) ANY DATA REPORTED TO THE DEPARTMENT PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, ANY INFORMATION OBTAINED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, AND ANY COST AND MARKET IMPACT REVIEW FINDINGS MADE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MAY BE USED AS EVIDENCE IN
INVESTIGATIONS, REVIEWS, OR OTHER ACTIONS BY THE DEPARTMENT OR THE
OFFICE OF THE ATTORNEY GENERAL, INCLUDING BUT NOT LIMITED TO USE BY THE
DEPARTMENT IN ASSESSING CERTIFICATE OF NEED APPLICATIONS SUBMITTED BY
THE SAME HEALTHCARE ENTITIES INVOLVED IN THE REPORTED MATERIAL TRANS-
ACTION OR UNRELATED PARTIES WHICH ARE LOCATED IN THE SAME MARKET AREA
IDENTIFIED IN THE COST AND MARKET IMPACT REVIEW.
6. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, DOCUMENTA-
TION, DATA, AND INFORMATION SUBMITTED TO THE DEPARTMENT AS DESCRIBED IN
SUBDIVISIONS ONE, THREE, AND FIVE OF THIS SECTION SHALL NOT BE SUBJECT
TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS
SECTION.
8. Failure to [notify the department of a material transaction under]
COMPLY WITH ANY REQUIREMENT OF this section shall be subject to civil
penalties under section twelve of this chapter. Each day in which the
violation continues shall constitute a separate violation.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
PART T
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 2805-i of the public health law are relettered paragraphs (d),
(e), (f) and (g) and three new paragraphs (a), (b) and (c) are added to
read as follows:
S. 3007--B 64
(A) MAINTAINING THE FOLLOWING FULL-TIME, PART-TIME, CONTRACTED, OR
ON-CALL STAFF:
(1) ONE OR MORE HOSPITAL SEXUAL VIOLENCE RESPONSE COORDINATORS WHO ARE
DESIGNATED TO ENSURE THAT THE HOSPITAL'S SEXUAL VIOLENCE RESPONSE IS
INTEGRATED WITHIN THE HOSPITAL'S CLINICAL OVERSIGHT AND QUALITY IMPROVE-
MENT STRUCTURE AND TO ENSURE CHAIN OF CUSTODY IS MAINTAINED;
(2) SEXUAL ASSAULT FORENSIC EXAMINERS SUFFICIENT TO MEET HOSPITAL
NEEDS. SUCH INDIVIDUALS SHALL:
(I) BE A REGISTERED PROFESSIONAL NURSE, CERTIFIED NURSE PRACTITIONER,
LICENSED PHYSICIAN ASSISTANT OR LICENSED PHYSICIAN ACTING WITHIN THEIR
LAWFUL SCOPE OF PRACTICE AND SPECIALLY TRAINED IN FORENSIC EXAMINATION
OF SEXUAL OFFENSE VICTIMS AND THE PRESERVATION OF FORENSIC EVIDENCE IN
SUCH CASES AND CERTIFIED AS QUALIFIED TO PROVIDE SUCH SERVICES, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER; AND
(II) HAVE SUCCESSFULLY COMPLETED A DIDACTIC AND CLINICAL TRAINING
COURSE AND POST COURSE PRECEPTORSHIP AS APPROPRIATE TO SCOPE OF PRACTICE
THAT ALIGNS WITH GUIDANCE RELEASED BY THE COMMISSIONER, PROVIDED THAT
THE COMMISSIONER IS AUTHORIZED TO DEVELOP REGULATIONS ALLOWING INDIVID-
UALS TO SATISFY THE REQUIREMENTS OF THIS SUBPARAGRAPH IN LIMITED CASES,
PENDING THE COMPLETION OF A POST COURSE PRECEPTORSHIP.
(B) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS ARE ON-CALL
AND AVAILABLE ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE YEAR;
(C) ENSURING THAT SUCH SEXUAL ASSAULT FORENSIC EXAMINERS MAINTAIN
COMPETENCY IN PROVIDING SEXUAL ASSAULT EXAMINATIONS;
§ 2. Paragraph (a) of subdivision 13 of section 631 of the executive
law, as amended by section 3 of subpart S of part XX of chapter 55 of
the laws of 2020, is amended to read as follows:
(a) Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in
consultation with the department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services, hospi-
tal or healthcare facility services related to the exam, and any neces-
sary related laboratory tests or pharmaceuticals; including but not
limited to HIV post-exposure prophylaxis provided by a hospital emergen-
cy room at the time of the forensic rape examination pursuant to para-
graph [(c)] (F) of subdivision one of section twenty-eight hundred
five-i of the public health law. For a person eighteen years of age or
older, follow-up HIV post-exposure prophylaxis costs shall continue to
be reimbursed according to established office procedure. The office, in
consultation with the department of health, shall also generate the
necessary regulations and forms for the direct reimbursement procedure.
§ 3. Paragraph (d) of subdivision 1 and paragraph (c) of subdivision 2
of section 2805-p of the public health law, as added by chapter 625 of
the laws of 2003, are amended to read as follows:
(d) "Rape survivor" or "survivor" shall mean any [female] person who
alleges or is alleged to have been raped and who presents as a patient.
S. 3007--B 65
(c) provide emergency contraception to such survivor, unless contrain-
dicated, upon [her] SUCH SURVIVOR'S request. No hospital may be required
to provide emergency contraception to a rape survivor who is pregnant.
§ 4. This act shall take effect immediately; provided, however, that
subparagraph 2 of paragraph (a) of subdivision 1 of section 2805-i of
the public health law, as added by section one of this act, shall take
effect two years after this act shall have become a law.
PART U
Intentionally Omitted
PART V
Intentionally Omitted
PART W
Intentionally Omitted
PART X
Intentionally Omitted
PART Y
Section 1. Section 2803 of the public health law is amended by adding
a new subdivision 15 to read as follows:
15. SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION AND
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR REGULATION
TO THE CONTRARY, THE COMMISSIONER MAY ALLOW GENERAL HOSPITALS TO PROVIDE
OFF-SITE ACUTE CARE MEDICAL SERVICES, THAT ARE:
(A) NOT HOME CARE SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER OR THE PROFESSIONAL SERVICES
ENUMERATED IN SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE A HOSPITAL FROM
OFFERING HOSPITAL SERVICES AS DEFINED IN SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
(B) PROVIDED BY A MEDICAL PROFESSIONAL, INCLUDING A PHYSICIAN, REGIS-
TERED NURSE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, TO A PATIENT
WITH A PREEXISTING CLINICAL RELATIONSHIP WITH THE GENERAL HOSPITAL, OR
WITH THE HEALTH CARE PROFESSIONAL PROVIDING THE SERVICE;
(C) PROVIDED TO A PATIENT FOR WHOM A MEDICAL PROFESSIONAL HAS DETER-
MINED IS APPROPRIATE TO RECEIVE ACUTE MEDICAL SERVICES AT THEIR RESI-
DENCE; AND
(D) CONSISTENT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, THE
GENERAL HOSPITAL HAS APPROPRIATE DISCHARGE PLANNING IN PLACE TO COORDI-
NATE DISCHARGE TO A HOME CARE AGENCY WHERE MEDICALLY NECESSARY AND
CONSENTED TO BY THE PATIENT AFTER THE PATIENT'S ACUTE CARE EPISODE ENDS.
(E) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE OFF-SITE SERVICES FROM
BEING PROVIDED IN ACCORDANCE WITH SUBDIVISION ELEVEN OF THIS SECTION AND
DEPARTMENT REGULATIONS.
S. 3007--B 66
(F) THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MEDICAL ASSISTANCE
PROGRAM RATES TO EFFECTUATE THIS SUBDIVISION. FOR THE PURPOSES OF THE
DEPARTMENT DETERMINING THE APPLICABLE RATES PURSUANT TO SUCH AUTHORITY,
ANY GENERAL HOSPITAL APPROVED PURSUANT TO THIS SUBDIVISION SHALL REPORT
TO THE DEPARTMENT, IN THE FORM AND FORMAT REQUIRED BY THE DEPARTMENT,
ITS ANNUAL OPERATING COSTS AND STATISTICS, SPECIFICALLY FOR SUCH OFF-
SITE ACUTE SERVICES. FAILURE TO TIMELY SUBMIT SUCH COST DATA TO THE
DEPARTMENT MAY RESULT IN REVOCATION OF AUTHORITY TO PARTICIPATE IN A
PROGRAM UNDER THIS SECTION DUE TO THE INABILITY TO ESTABLISH APPROPRIATE
REIMBURSEMENT RATES.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025 and shall
expire and be deemed repealed on April 1, 2027.
PART Z
Section 1. Section 4 of chapter 565 of the laws of 2022 amending the
state finance law relating to preferred source status for entities that
provide employment to certain persons, is amended to read as follows:
§ 4. This act shall take effect immediately; provided that section one
of this act shall expire and be deemed repealed [three] FIVE years after
such effective date; and provided further that this act shall not apply
to any contracts or requests for proposals issued by government entities
before such date.
§ 2. Section 2 of chapter 91 of the laws of 2023 amending the state
finance law relating to establishing a threshold for the amount of work
needed to be performed by a preferred source which is an approved chari-
table non-profit-making agency for the blind, is amended to read as
follows:
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022, amending the state finance law
relating to preferred source status for entities that provide employment
to certain persons, as proposed in legislative bills numbers S. 7578-C
and A. 8549-C, takes effect, and shall expire and be deemed repealed
[three] FIVE years after such effective date.
§ 3. This act shall take effect immediately.
PART AA
Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority of
the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, as amended by section 1
of part Z of chapter 57 of the laws of 2024, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2025] 2027.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the appointment of temporary
operators for the continued operation of programs and the provision of
services for persons with serious mental illness and/or developmental
S. 3007--B 67
disabilities and/or chemical dependence, as amended by section 1 of part
OO of chapter 57 of the laws of 2022, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016; provided,
however, that sections one and two of this act shall expire and be
deemed repealed on March 31, [2025] 2027.
§ 2. This act shall take effect immediately.
PART CC
Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of
the laws of 2013, amending the social services law and other laws relat-
ing to enacting the major components of legislation necessary to imple-
ment the health and mental hygiene budget for the 2013-2014 state fiscal
year, as amended by section 1 of part EE of chapter 57 of the laws of
2023, is amended to read as follows:
1-a. sections seventy-three through eighty-a shall expire and be
deemed repealed December 31, [2025] 2027;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART DD
Section 1. Subdivision (a) of section 22.11 of the mental hygiene law,
as added by chapter 558 of the laws of 1999, is amended to read as
follows:
(a) For the purposes of this section, the word "minor" shall mean a
person under eighteen years of age, but does not include a person who is
the parent of a child or has married or who is emancipated, OR IS A
HOMELESS YOUTH, AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW, OR RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS
YOUTH CRISIS SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAM AS DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE
EXECUTIVE LAW.
§ 2. Paragraph 1 of subdivision (a) of section 33.21 of the mental
hygiene law, as amended by chapter 461 of the laws of 1994, is amended
to read as follows:
(1) "minor" shall mean a person under eighteen years of age, but shall
not include a person who is the parent of a child, emancipated, has
married or is on voluntary status on [his or her] THEIR own application
pursuant to section 9.13 of this chapter, OR IS A HOMELESS YOUTH, AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW, OR
RECEIVES SERVICES AT AN APPROVED RUNAWAY AND HOMELESS YOUTH CRISIS
SERVICES PROGRAM OR A TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM AS
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE LAW;
§ 3. Subdivision 1 of section 2504 of the public health law, as
amended by chapter 107 of the laws of 2023, is amended to read as
follows:
1. Any person who is eighteen years of age or older, or is the parent
of a child or has married, or is a homeless youth as defined in section
five hundred thirty-two-a of the executive law, or receives services at
an approved runaway and homeless youth crisis services program or a
transitional independent living support program as defined in section
five hundred thirty-two-a of the executive law, may give effective
consent for medical, dental, health and hospital services, AND BEHAV-
IORAL HEALTH SERVICES, INCLUDING MENTAL HEALTH CARE AND SUBSTANCE USE
S. 3007--B 68
TREATMENT, for themself, and the consent of no other person shall be
necessary.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART EE
Section 1. Intentionally omitted.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. The mental hygiene law is amended by adding a new section 9.64 to
read as follows:
§ 9.64 NOTICE OF ADMISSION DETERMINATION TO COMMUNITY PROVIDER.
UPON AN ADMISSION TO A HOSPITAL OR RECEIVED AS A PATIENT IN A COMPRE-
HENSIVE PSYCHIATRIC EMERGENCY PROGRAM PURSUANT TO THE PROVISIONS OF THIS
ARTICLE, THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM SHALL ENSURE THAT
REASONABLE EFFORTS ARE MADE TO IDENTIFY AND PROMPTLY NOTIFY OF SUCH
DETERMINATION ANY COMMUNITY PROVIDER OF MENTAL HEALTH SERVICES THAT
MAINTAINS SUCH PERSON ON ITS CASELOAD.
§ 9. Subdivision (f) of section 29.15 of the mental hygiene law, as
amended by chapter 135 of the laws of 1993, is amended to read as
follows:
(f) The discharge or conditional release of all clients at develop-
mental centers, patients at psychiatric centers or patients at psychiat-
ric inpatient services subject to licensure by the office of mental
health shall be in accordance with a written service plan prepared by
staff familiar with the case history of the client or patient to be
discharged or conditionally released and in cooperation with appropriate
social services officials and directors of local governmental units. In
causing such plan to be prepared, the director of the facility shall
take steps to assure that the following persons are interviewed,
provided an opportunity to actively participate in the development of
such plan and advised of whatever services might be available to the
patient through the mental hygiene legal service: the patient to be
discharged or conditionally released; A REPRESENTATIVE OF A COMMUNITY
PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF CASE MANAGE-
MENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; an authorized
representative of the patient, to include the parent or parents if the
patient is a minor, unless such minor sixteen years of age or older
objects to the participation of the parent or parents and there has been
a clinical determination by a physician that the involvement of the
parent or parents is not clinically appropriate and such determination
is documented in the clinical record and there is no plan to discharge
or release the minor to the home of such parent or parents; and upon the
request of the patient sixteen years of age or older, [a significant] AN
individual SIGNIFICANT to the patient including any relative, close
friend or individual otherwise concerned with the welfare of the
patient, other than an employee of the facility.
§ 10. This act shall take effect ninety days after it shall have
become a law.
PART FF
S. 3007--B 69
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners and directors of the office of
mental health, office for people with developmental disabilities, office
of addiction services and supports, office of temporary and disability
assistance, office of children and family services, office of victim
services, department of health, and the state office for the aging
(hereinafter "the commissioners") shall establish a state fiscal year
2025-2026 targeted inflationary increase (TII), effective April 1, 2025,
for projecting for the effects of inflation upon rates of payments,
contracts, or any other form of reimbursement for the programs and
services listed in subdivision five of this section. The TII established
herein shall be applied to the appropriate portion of reimbursable costs
or contract amounts. Where appropriate, transfers to the department of
health (DOH) shall be made as reimbursement for the state share of
medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefore, for the period of April 1, 2025, through March 31, 2026, the
commissioners and directors shall provide funding to support a seven and
eight-tenths percent (7.8%) targeted inflationary increase under this
section for all eligible programs and services as determined pursuant to
subdivision five of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 7.8 percent targeted inflationary
increase (TII) established herein shall be inclusive of all other cost
of living type increases, inflation factors, or trend factors that are
newly applied effective April 1, 2025. Except for the 7.8 percent
targeted inflationary increase (TII) established herein, for the period
commencing on April 1, 2025, and ending March 31, 2026 the commissioners
and directors shall not apply any other new cost of living adjustments
for the purpose of establishing rates of payments, contracts or any
other form of reimbursement. The phrase "all other cost of living type
increases, inflation factors, or trend factors" as defined in this
subdivision shall not include payments made pursuant to the American
Rescue Plan Act or other federal relief programs related to the Corona-
virus Disease 2019 (COVID-19) pandemic public health emergency. This
subdivision shall not prevent the office of children and family services
from applying additional trend factors or staff retention factors to
eligible programs and services under paragraph (v) of subdivision five
of this section.
4. Each local government unit or direct contract provider receiving
the targeted inflationary increase established herein shall use such
funding to provide a targeted salary increase of at least four percent
(4.0%) to eligible individuals in accordance with subdivision six of
this section. Notwithstanding any inconsistent provision of law, the
commissioners and directors shall develop guidelines for local govern-
ment units and direct contract providers on implementation of such
targeted salary increase.
5. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic, continuing day
treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
S. 3007--B 70
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; supported single room occupancy; supported
housing; supported housing community services; treatment congregate;
supported congregate; community residence - children and youth;
treatment/apartment; supported apartment; community residence single
room occupancy; on-site rehabilitation; employment programs; recreation;
respite care; transportation; psychosocial club; assertive community
treatment; case management; care coordination, including health home
plus services; local government unit administration; monitoring and
evaluation; children and youth vocational services; single point of
access; school-based mental health program; family support children and
youth; advocacy/support services; drop in centers; recovery centers;
transition management services; bridger; home and community based waiver
services; behavioral health waiver services authorized pursuant to the
section 1115 MRT waiver; self-help programs; consumer service dollars;
conference of local mental hygiene directors; multicultural initiative;
ongoing integrated supported employment services; supported education;
mentally ill/chemical abuse (MICA) network; personalized recovery
oriented services; children and family treatment and support services;
residential treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
health family treatment and support; coordinated children's service
initiative; homeless services; and promises zone.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; community transi-
tion services; family education and training; fiscal intermediary;
support broker; and personal resource accounts. The office, in collab-
oration with the education department, shall also provide a comparable
targeted inflationary increase to the independent living centers
program.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: medically supervised withdrawal
services - residential; medically supervised withdrawal services -
outpatient; medically managed detoxification; medically monitored with-
drawal; inpatient rehabilitation services; outpatient opioid treatment;
residential opioid treatment; KEEP units outpatient; residential opioid
treatment to abstinence; problem gambling treatment; medically super-
vised outpatient; outpatient rehabilitation; specialized services
substance abuse programs; home and community based waiver services
pursuant to subdivision 9 of section 366 of the social services law;
S. 3007--B 71
children and family treatment and support services; continuum of care
rental assistance case management; NY/NY III post-treatment housing;
NY/NY III housing for persons at risk for homelessness; permanent
supported housing; youth clubhouse; recovery community centers; recovery
community organizing initiative; residential rehabilitation services for
youth (RRSY); intensive residential; community residential; supportive
living; residential services; job placement initiative; case management;
family support navigator; local government unit administration; peer
engagement; vocational rehabilitation; support services; HIV early
intervention services; dual diagnosis coordinator; problem gambling
resource centers; problem gambling prevention; prevention resource
centers; primary prevention services; other prevention services; commu-
nity services; and addiction treatment centers.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: nutrition outreach and education
program (NOEP); New York state supportive housing program; solutions to
end homelessness program; and state supplemental nutrition assistance
program outreach program.
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the targeted infla-
tionary increase established herein, pending federal approval where
applicable, include: programs for which the office of children and fami-
ly services establishes maximum state aid rates pursuant to section
398-a of the social services law and section 4003 of the education law;
emergency foster homes; foster family boarding homes and therapeutic
foster homes; supervised settings as defined by subdivision twenty-two
of section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law;
congregate and scattered supportive housing programs and supportive
services provided under the NY/NY III supportive housing agreement to
young adults leaving or having recently left foster care; child care
resource and referral agencies; healthy families New York; maternal,
infant, and early childhood home visiting (MIECHV) initiative; New York
state learning and enrichment after-school program supports (LEAPS); New
York state commission for the blind; residential and non-residential
domestic violence services and preventative services as defined by
section 409 of the social services law.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the targeted inflationary
increase established herein, pending federal approval where applicable,
include: community services for the elderly; expanded in-home services
for the elderly; wellness in nutrition program; New York connects
program; long term ombudsman program; naturally occurring retirement
communities (NORCs); neighborhood naturally occurring retirement commu-
nities (NNORCs); and social adult day services program.
(vii) Programs and services funded, licensed, or certified by the
department of health eligible for the targeted inflationary increase
established herein, pending federal approval where applicable, include:
health home care management agencies authorized under section 365-l of
the social services law; rape crisis programs; and medicaid transporta-
tion program.
(viii) Programs and services funded, licensed, or certified by the
office of victim services eligible for the targeted inflationary
increase established herein, pending federal approval where applicable,
S. 3007--B 72
include: crime victim service programs as defined by section 631-a of
the executive law.
6. Eligible individuals. Support staff, direct care staff, clinical
staff, and non-executive administrative staff in programs and services
listed in subdivision five of this section shall be eligible for the
4.0% targeted salary increase established pursuant to subdivision four
of this section.
(a) For the office of mental health, office for people with develop-
mental disabilities, and office of addiction services and supports,
support staff shall mean individuals employed in consolidated fiscal
report position title codes ranging from 100 to 199; direct care staff
shall mean individuals employed in consolidated fiscal report position
title codes ranging from 200 to 299; clinical staff shall mean individ-
uals employed in consolidated fiscal report position title codes ranging
from 300 to 399; and non-executive administrative staff shall mean indi-
viduals employed in consolidated fiscal report position title codes 400,
500 to 599, 605 to 699, and 703 to 799. Individuals employed in consol-
idated fiscal report position title codes 601 to 604, 701 and 702 shall
be ineligible for the 4.0% targeted salary increase established herein.
(b) For the office of temporary and disability assistance, office of
children and family services, and the state office for the aging, eligi-
ble support staff, direct care staff, clinical staff, and non-executive
administrative staff titles shall be determined by each agency's commis-
sioner.
7. Each local government unit or direct contract provider receiving
funding for the targeted inflationary increase established herein shall
submit a written certification, in such form and at such time as each
commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of support staff,
direct care staff, clinical staff, non-executive administrative staff,
or respond to other critical non-personal service costs prior to
supporting any salary increases or other compensation for executive
level job titles.
8. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners and directors shall be authorized to recoup funding
from a local governmental unit or direct contract provider for the
targeted inflationary increase established herein determined to have
been used in a manner inconsistent with the appropriation, or any other
provision of this section. Such agency commissioners and directors shall
be authorized to employ any legal mechanism to recoup such funds,
including an offset of other funds that are owed to such local govern-
mental unit or direct contract provider.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART GG
Section 1. Subdivisions 1 and 3 of section 368-d of the social
services law, as amended by section 54 of part B of chapter 58 of the
laws of 2009, are amended to read as follows:
1. The department of health shall review claims for expenditures made
by or on behalf of local public school districts, and state
operated/state supported schools which operate pursuant to article
eighty-five, eighty-seven or eighty-eight of the education law, for
medical care, services and supplies which are furnished to children with
handicapping conditions or such children suspected of having handicap-
S. 3007--B 73
ping conditions, as such children are defined in the education law. THE
DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT AND OTHER HEALTH
SERVICES, CARE AND SUPPLIES WHICH ARE FURNISHED TO ELIGIBLE CHILDREN
REGARDLESS OF WHETHER THE CHILDREN HAVE HANDICAPPING CONDITIONS, ARE
SUSPECTED OF HAVING HANDICAPPING CONDITIONS OR HAVE AN INDIVIDUALIZED
EDUCATION PLAN. If approved by the department, payment for such medical
care, services and supplies which would otherwise qualify for reimburse-
ment under this title and which are furnished in accordance with this
title and the regulations of the department to such children, shall be
made in accordance with the department's approved medical assistance fee
schedules by payment to such local public school district, and state
operated/state supported schools which operate pursuant to article
eighty-five, eighty-seven or eighty-eight of the education law, which
furnished the care, services or supplies either directly or by contract.
3. THE DEPARTMENT OF HEALTH SHALL APPLY FOR ALL NECESSARY FEDERAL
APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
this section shall be of no force and effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of health care services
provided pursuant to this section.
§ 2. Subdivision 1 and the closing paragraph of section 368-e of the
social services law, as amended by section 55 of part B of chapter 58 of
the laws of 2009, are amended to read as follows:
1. The department of health shall review claims for expenditures made
by counties and the city of New York for medical care, services and
supplies which are furnished to preschool children with handicapping
conditions or such preschool children suspected of having handicapping
conditions, as such children are defined in the education law. THE
DEPARTMENT OF HEALTH SHALL ALSO REVIEW CLAIMS FOR EXPENDITURES FOR EARLY
AND PERIODIC SCREENING, DIAGNOSIS AND TREATMENT AND OTHER HEALTH
SERVICES, CARE AND SUPPLIES WHICH ARE FURNISHED TO ELIGIBLE PRE-SCHOOL
CHILDREN REGARDLESS OF WHETHER THE PRE-SCHOOL CHILDREN HAVE HANDICAPPING
CONDITIONS, ARE SUSPECTED OF HAVING HANDICAPPING CONDITIONS OR HAVE AN
INDIVIDUALIZED EDUCATION PLAN. If approved by the department, payment
for such medical care, services and supplies which would otherwise qual-
ify for reimbursement under this title and which are furnished in
accordance with this title and the regulations of the department to such
children, shall be made in accordance with the department's approved
medical assistance fee schedules by payment to such county or city which
furnished the care, services or supplies either directly or by contract.
Notwithstanding any provisions of law, rule or regulation to the contra-
ry, any clinic or diagnostic and treatment center licensed under article
twenty-eight of the public health law, which as determined by the state
education department, in conjunction with the department of health, has
a less than arms length relationship with the provider approved under
section forty-four hundred ten of the education law shall, subject to
the approval of the department and based on standards developed by the
department, be authorized to directly submit such claims for medical
assistance, services or supplies so furnished for any period beginning
on or after July first, nineteen hundred ninety-seven. The actual full
cost of the individualized education program (IEP) related services
incurred by the clinic shall be reported on the New York State Consol-
idated Fiscal Report in the education law section forty-four hundred ten
program cost center in which the student is placed and the associated
medical assistance revenue shall be reported in the same manner.
S. 3007--B 74
6. THE DEPARTMENT OF HEALTH SHALL APPLY FOR ALL NECESSARY FEDERAL
APPROVALS TO IMPLEMENT THE PROVISIONS OF THIS SECTION. The provisions of
this section shall be of no force and effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of health care services
provided pursuant to this section.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART HH
Section 1. Section 30-a of the public health law is amended by adding
three new subdivisions 4, 5 and 6 to read as follows:
4. "OVERPAYMENT" SHALL MEAN ANY AMOUNT NOT AUTHORIZED TO BE PAID UNDER
THE MEDICAL ASSISTANCE PROGRAM, WHETHER PAID AS THE RESULT OF INACCURATE
OR IMPROPER COST REPORTING, IMPROPER CLAIMING, UNACCEPTABLE PRACTICES,
FRAUD, ABUSE OR MISTAKE.
5. "APPLICABLE STANDARDS" SHALL MEAN THE STATE LAWS, REGULATIONS AND
DULY PROMULGATED POLICIES, GUIDELINES, PROTOCOLS AND INTERPRETATIONS OF
STATE AGENCIES WITH JURISDICTION IN EFFECT AT THE TIME THE PROVIDER
ENGAGED IN THE REGULATED CONDUCT OR PROVISION OF SERVICES THAT THE
INSPECTOR GENERAL IS AUDITING OR REVIEWING.
6. "CLERICAL OR MINOR ERROR OR OMISSION" SHALL INCLUDE MATHEMATICAL OR
COMPUTATIONAL MISTAKES; TRANSPOSED PROCEDURE OR DIAGNOSTIC CODES; INAC-
CURATE DATA ENTRY; COMPUTER ERRORS; DUPLICATE CLAIMS; AND INCORRECT DATA
ITEMS, SUCH AS PROVIDER NUMBER, USE OF A MODIFIER OR DATE OF SERVICE.
§ 2. The public health law is amended by adding a new section 37 to
read as follows:
§ 37. AUDIT AND RECOVERY OF MEDICAL ASSISTANCE PAYMENTS TO PROVIDERS.
ANY AUDIT OR REVIEW OF ANY PROVIDER CONTRACTS, COST REPORTS, CLAIMS,
BILLS, OR MEDICAL ASSISTANCE PAYMENTS BY THE INSPECTOR, ANYONE DESIG-
NATED BY THE INSPECTOR TO CONDUCT SUCH AUDIT OR REVIEW, SHALL COMPLY
WITH THE FOLLOWING STANDARDS:
1. ANY REVIEWS OR AUDITS OF PROVIDER CONTRACTS, COST REPORTS, CLAIMS,
BILLS OR MEDICAL ASSISTANCE PAYMENTS SHALL APPLY THE APPLICABLE STAND-
ARD. PRIOR TO COMMENCING AN AUDIT OR REVIEW, THE INSPECTOR SHALL PROVIDE
TO THE PROVIDER ACCESS TO ANY APPLICABLE STANDARDS. FOR THE PURPOSE OF
THIS SUBDIVISION, AN APPLICABLE STANDARD SHALL NOT BE DEEMED IN EFFECT
IF FEDERAL GOVERNMENTAL APPROVAL WAS PENDING OR DENIED AT THE TIME THE
PROVIDER ENGAGED IN THE REGULATED CONDUCT OR PROVISION OF SERVICES.
2. THE INSPECTOR SHALL PUBLISH THE MOST CURRENT VERSION OF PROTOCOLS
APPLICABLE TO AND GOVERNING ANY AUDIT OR REVIEW OF A PROVIDER OR PROVID-
ER CONTRACTS, COST REPORTS, CLAIMS, BILLS OR MEDICAL ASSISTANCE PAYMENTS
ON THE OFFICE OF THE MEDICAID INSPECTOR GENERAL WEBSITE IN ADVANCE OF
COMMENCING SUCH AUDIT OR REVIEW, WHICH PROTOCOLS SHALL INCLUDE ANY AND
ALL APPLICABLE STANDARDS.
3. IN DETERMINING THE AMOUNT OF AN OVERPAYMENT A PROVIDER MUST REPAY
FOLLOWING AN AUDIT OR REVIEW, CONSISTENT WITH SUBDIVISION SIX OF SECTION
THIRTY-TWO OF THIS TITLE, THE INSPECTOR MUST CONSIDER THE FOLLOWING
FACTORS:
(A) WHETHER THE FINDINGS SUGGEST A SUSTAINED OR HIGH LEVEL OF PAYMENT
ERROR;
(B) WHETHER THE NATURE OF THE ERROR IS A CLERICAL OR MINOR ERROR OR
OMISSION;
(C) IMPACTS TO THE PROVIDER'S FINANCIAL SOLVENCY; AND
S. 3007--B 75
(D) THE POTENTIAL FOR THE REPAYMENT, IF ORDERED, TO NEGATIVELY IMPACT
ACCESS TO SERVICES.
4. ANY SAMPLING AND EXTRAPOLATION METHODOLOGIES UTILIZED BY THE
INSPECTOR SHALL BE CONSISTENT WITH ACCEPTED STANDARDS OF SOUND AUDITING
PRACTICE AND STATISTICAL ANALYSIS.
5. IF THE INSPECTOR DETERMINES THAT THE BASIS OF AN OVERPAYMENT IS A
CLERICAL OR MINOR ERROR OR OMISSION, AND IF THE INSPECTOR FURTHER DETER-
MINES SUCH CLERICAL OR MINOR ERROR OR OMISSION ARE ISOLATED OCCURRENCES,
LIMITED TO THREE OR LESS, THEN THE INSPECTOR SHALL NOT APPLY EXTRAPO-
LATION IN THOSE CASES AND RECOUPMENT WILL BE LIMITED TO EACH SUCH
AFFECTED AUDITED CLAIM.
6. THE DRAFT AUDIT REPORT GIVEN TO THE PROVIDER SHALL INCLUDE THE
INSPECTOR'S FINDINGS AND A DETAILED WRITTEN EXPLANATION OF THE EXTRAPO-
LATION METHOD IF USED, INCLUDING THE SIZE OF THE SAMPLE, THE SAMPLING
METHODOLOGY, THE DEFINED UNIVERSE OF CLAIMS, THE SPECIFIC CLAIMS
INCLUDED IN THE SAMPLE, THE RESULTS OF THE SAMPLE, THE ASSUMPTIONS MADE
ABOUT THE ACCURACY AND RELIABILITY OF THE SAMPLE AND THE LEVEL OF CONFI-
DENCE IN THE SAMPLE RESULTS, AND THE STEPS UNDERTAKEN TO CALCULATE THE
ALLEGED OVERPAYMENT AND ANY APPLICABLE OFFSET BASED ON THE SAMPLE
RESULTS.
7. THE INSPECTOR SHALL CONSIDER ANY SUPPORTING DOCUMENTATION THAT THE
PROVIDER SUBMITS PRIOR TO THE ISSUANCE OF THE FINAL AUDIT REPORT THAT
THE PROVIDER THINKS IS RELEVANT TO THE AUDIT, INCLUDING, BUT NOT LIMITED
TO ATTESTATIONS ADDRESSING MISSING DOCUMENTATION AND/OR SIGNATURES. THE
INSPECTOR SHALL USE THE TOTALITY OF THE RECORD TO DETERMINE IF THE
DOCUMENTATION OR SIGNATURE REQUIREMENT, AS OUTLINED IN STATUTE OR REGU-
LATION, IS MET, AND/OR CONSIDER SUBMITTED ATTESTATIONS TO RESOLVE THE
ISSUE. IF THE INSPECTOR REJECTS SUCH SUPPORTING DOCUMENTATION, AN EXPLA-
NATION FOR SUCH REJECTION SHALL BE PROVIDED IN WRITING.
8. THE INSPECTOR'S FINAL AUDIT REPORT OR FINAL NOTICE OF AGENCY ACTION
SHALL INCLUDE A SPECIFIC EXPLANATION OF THE INSPECTOR'S CONSIDERATION OF
THE FACTORS DESCRIBED IN PARAGRAPHS (A) THROUGH (D) OF SUBDIVISION THREE
OF THIS SECTION.
9. THE INSPECTOR SHALL NOT FORECLOSE OR PROHIBIT THE PROVIDER FROM
SETTLING THROUGH REPAYMENT AT THE LOWER CONFIDENCE LIMIT PLUS APPLICABLE
INTEREST, EVEN IF THE PROVIDER REQUESTS A HEARING, UP UNTIL THE HEARING
DETERMINATION IS ISSUED.
10. NEITHER RECOUPMENT BY THE INSPECTOR NOR REPAYMENT BY THE PROVIDER
OF OVERPAYMENTS SHALL COMMENCE EARLIER THAN SIXTY DAYS FROM THE ISSUANCE
DATE OF THE FINAL AUDIT REPORT OR, IF THE PROVIDER REQUESTS A HEARING,
THEN SIXTY DAYS FROM THE ISSUANCE DATE OF THE HEARING DETERMINATION.
11. NOTHING IN THIS SECTION SHALL PREVENT THE INSPECTOR FROM COMPLYING
WITH MEDICAID AUDIT REQUIREMENTS ESTABLISHED BY FEDERAL LAW, RULES AND
REGULATIONS, OR BINDING FEDERAL AGENCY GUIDANCE AND DIRECTIVES.
§ 3. The opening paragraph of subdivision 1 of section 35 of the
public health law, as added by chapter 442 of the laws of 2006, is
amended to read as follows:
The inspector shall, no later than October first of each year,
[submit] CONSULT WITH THE COMMISSIONER ON THE PREPARATION OF AN ANNUAL
REPORT, TO BE MADE AND FILED BY THE INSPECTOR AND SUBMITTED to the
governor, the temporary president of the senate, the speaker of the
assembly, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE
ASSEMBLY, THE COMMISSIONER, THE COMMISSIONER OF THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS, AND THE COMMISSIONER OF THE OFFICE OF MENTAL
HEALTH, THE COMMISSIONER OF THE OFFICE OF PERSONS WITH DEVELOPMENTAL
DISABILITIES, the state comptroller and the attorney general[, a report
S. 3007--B 76
summarizing the activities of the office during the preceding calendar
year]. Such report shall include:
§ 4. Paragraphs (b), (f) and (g) of subdivision 1 of section 35 of the
public health law, paragraph (b) as added by chapter 442 of the laws of
2006, paragraph (f) as amended and paragraph (g) as added by section 111
of part E of chapter 56 of the laws of 2013, are amended and a new para-
graph (h) is added to read as follows:
(b) the number, subject and other relevant characteristics of audits
initiated, and those completed, including but not limited to outcome,
region, reason for audit and the total dollar value identified for
recovery [and], the actual recovery from such audits AND HOW MANY AUDITS
WHERE OVERPAYMENTS WERE RECOVERED USED EXTRAPOLATION;
(f) a narrative that evaluates the office's performance, describes any
specific problems and connection with the procedures and agreements
required under this section, discusses any other matters that may have
impaired its effectiveness and summarizes the total savings to the
state's medical assistance program; [and]
(g) a narrative, provided by the department in its annual report
pursuant to paragraph (t) of subdivision one of section two hundred six
of this chapter that summarizes the department's activities to mitigate
fraud, waste and abuse during the preceding calendar year[.]; AND
(H) A NARRATIVE THAT DESCRIBES THE STEPS TAKEN BY THE OFFICE IN THE
PAST YEAR TO COMPLY WITH SUBDIVISION SIX OF SECTION THIRTY-TWO OF THIS
TITLE, WHICH REQUIRES CONSIDERATION OF QUALITY AND AVAILABILITY OF
MEDICAL AND LONG TERM CARE AND SERVICES AND THE BEST INTEREST OF BOTH
THE MEDICAL ASSISTANCE PROGRAM AND RECIPIENTS, IN THE PURSUIT OF CIVIL
AND ADMINISTRATIVE ENFORCEMENT ACTIONS.
§ 5. This act shall take effect April 1, 2026.
PART II
Section 1. Legislative findings. The legislature finds that since 2003
more than 40 community hospitals in New York state have closed.
The legislature additionally finds that as a result of hospital
consolidation, large health care systems now control more than 70
percent of acute hospital beds in the state and that these systems some-
times remove categories of care from local hospitals, leaving patients
in regions of the state without access to particular types of care,
including some types of emergency care.
The legislature further finds that patients do not have the ability to
determine whether health care facilities in their area provide the care
they seek, because information about how facility restrictions impact
options for care is too difficult to obtain.
The legislature also finds that denials and poor access to care can
lead to serious adverse health impacts that jeopardize individuals'
lives and wellbeing and that New York needs to understand health care
gaps and their impact statewide.
Finally, the legislature finds that some denials of care violate state
and federal law.
§ 2. The public health law is amended by adding a new section 2803-bb
to read as follows:
§ 2803-BB. HOSPITAL RULE-BASED EXCLUSIONS. 1. AS USED IN THIS
SECTION, "HOSPITAL RULE-BASED EXCLUSIONS" MEANS ANY CRITERIA, RULES, OR
POLICIES, WHETHER WRITTEN OR UNWRITTEN, FORMALLY ADOPTED OR DRAFTED,
ENDORSED BY THE GENERAL HOSPITAL OR FOLLOWED FROM AN EXTERNAL SOURCE,
THAT RESTRICT A GENERAL HOSPITAL FROM PROVIDING TYPES OF CARE THAT THE
S. 3007--B 77
GENERAL HOSPITAL IS LICENSED TO PROVIDE OR THAT RESTRICT THE PROVISION
OF CARE TO CATEGORIES OF PATIENTS ON THE BASIS OF ANY CHARACTERISTIC
PROTECTED UNDER SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW THAT
THE GENERAL HOSPITAL IS LICENSED TO PROVIDE. "HOSPITAL RULE-BASED
EXCLUSIONS" SHALL INCLUDE, BUT NOT BE LIMITED TO, OBJECTIONS UNDER
SECTION TWENTY-NINE HUNDRED EIGHTY-FOUR OR TWENTY-NINE HUNDRED NINETY-
FOUR-N OF THIS CHAPTER. "HOSPITAL RULE-BASED EXCLUSIONS" SHALL NOT
INCLUDE RESTRICTIONS BASED ON LACK OF EQUIPMENT, AVAILABLE BED SPACE IN
THE FACILITY, OR INSURANCE DENIAL.
2. (A) THE COMMISSIONER SHALL COLLECT FROM EACH GENERAL HOSPITAL A
LIST OF ITS HOSPITAL RULE-BASED EXCLUSIONS ON AN ANNUAL BASIS. EACH
GENERAL HOSPITAL SHALL FURNISH A LIST OF HOSPITAL RULE-BASED EXCLUSIONS
TO THE DEPARTMENT, IMMEDIATELY UPON REQUEST.
(B) THE COMMISSIONER SHALL PUBLISH ON THE DEPARTMENT'S WEBSITE A
CURRENT LIST OF ALL OF THE GENERAL HOSPITALS WITH HOSPITAL RULE-BASED
EXCLUSIONS AND THE HOSPITAL RULE-BASED EXCLUSIONS FOR EACH GENERAL
HOSPITAL NOT LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION. THE COMMISSIONER SHALL UPDATE THIS LIST ON AN ANNUAL BASIS. THE
COMMISSIONER, IN CONSULTATION WITH EXPERTS IN HEALTH CARE ACCESS,
PATIENT ADVOCACY, TYPES OF HEALTH CARE THAT ARE FREQUENTLY INACCESSIBLE,
AND HOSPITAL ADMINISTRATION SHALL PROMULGATE RULES AND REGULATIONS
CREATING STANDARDIZED LANGUAGE FOR THIS LIST TO ENSURE THAT IT IS READI-
LY UNDERSTANDABLE TO PATIENTS, PROSPECTIVE PATIENTS, AND MEMBERS OF THE
PUBLIC.
(C) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION AND EVERY
FIVE YEARS THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
REGARDING HOSPITAL RULE-BASED EXCLUSIONS IN THE STATE AND THE IMPACT OF
SUCH HOSPITAL RULE-BASED EXCLUSIONS ON PATIENTS' ABILITY TO ACCESS QUAL-
ITY, COMPREHENSIVE, AFFORDABLE CARE NEAR THEIR RESIDENCES AND WHETHER
AND HOW ACCESS TO CARE VARIES BY COMMUNITY, AS WELL AS BY RACE, GENDER,
ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION, AND
SOCIOECONOMIC STATUS, ACROSS THE STATE. THE REPORT SHALL BE MADE PUBLIC-
LY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
(D) THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS AS MAY BE
NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF THIS
SECTION.
§ 3. Subdivision 1 of section 2803 of the public health law is amended
by adding a new paragraph (m) to read as follows:
(M) THE STATEMENT REGARDING PATIENT RIGHTS AND RESPONSIBILITIES,
REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE AN
EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND A LINK TO THE SECTION
OF THE DEPARTMENT'S WEBSITE REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO
OF SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS ARTICLE. EACH GENERAL
HOSPITAL'S WEBSITE SHALL PROMINENTLY LINK TO THE DEPARTMENT'S WEBSITE
REQUIRED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT
HUNDRED THREE-BB OF THIS ARTICLE. THE COMMISSIONER MAY PROMULGATE RULES
AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY
THE PROVISIONS OF THIS PARAGRAPH.
§ 4. Subsection (a) of section 3217-a of the insurance law is amended
by adding a new paragraph 22 to read as follows:
(22)(A) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
S. 3007--B 78
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THE PUBLIC HEALTH LAW.
§ 5. Subsection (a) of section 4324 of the insurance law is amended by
adding a new paragraph 23 to read as follows:
(23)(A) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THE PUBLIC HEALTH LAW.
§ 6. Subdivision 1 of section 4408 of the public health law is amended
by adding a new paragraph (w) to read as follows:
(W) (I) AN EXPLANATION OF HOSPITAL RULE-BASED EXCLUSIONS AND THE FACT
THAT SOME GENERAL HOSPITALS MAY HAVE HOSPITAL RULE-BASED EXCLUSIONS,
ALONG WITH A LINK TO THE WEBSITE REQUIRED PURSUANT TO SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED THREE-BB OF THIS CHAPTER.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "HOSPITAL RULE-BASED EXCLU-
SIONS" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY-EIGHT HUNDRED
THREE-BB OF THIS CHAPTER.
§ 7. Nothing in this act shall be construed to permit or authorize
denials of care or discrimination in the provision of health care or
health insurance. Compliance with this act does not reduce or limit any
liability for general hospitals in connection with hospital rule-based
exclusions, including violations of state or federal law.
§ 8. Severability clause. If any provision of this act, or any appli-
cation of any provision of this act, is held to be invalid, or ruled to
violate or be inconsistent with any applicable federal law or regu-
lation, that shall not affect the validity or effectiveness of any other
provision of this act, or of any other application of any provision of
this act. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 9. This act shall take effect eighteen months after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART JJ
Section 1. Short title. This act shall be known and may be cited as
the "Sickle Cell Treatment Act".
§ 2. The public health law is amended by adding a new section 2807-bb
to read as follows:
§ 2807-BB. SICKLE CELL CENTERS FOR EXCELLENCE AND OUTPATIENT TREATMENT
CENTERS. 1. CENTERS FOR SICKLE CELL CARE EXCELLENCE. THE COMMISSIONER
SHALL DESIGNATE FIVE GENERAL HOSPITALS OR HOSPICES WITH A MINIMUM OF TWO
CENTERS NORTH OF PUTNAM AND ORANGE COUNTIES UNDER ARTICLE FORTY OF THIS
CHAPTER, UPON SUCCESSFUL APPLICATION, AS CENTERS FOR SICKLE CELL CARE
EXCELLENCE. THE DESIGNATIONS SHALL BE MADE THROUGH AN APPLICATION
DESIGNED BY THE DEPARTMENT, AND BASED ON SERVICE, STAFFING AND OTHER
CRITERIA AS DEVELOPED BY THE COMMISSIONER. THE CENTERS OF EXCELLENCE
SHALL PROVIDE SPECIALIZED SICKLE CELL DISEASE CARE, TREATMENT, PALLIA-
TIVE CARE, EDUCATION AND RELATED SERVICES AND SHALL CONDUCT SPECIALIZED
S. 3007--B 79
RESEARCH INTO THE CARE, TREATMENT AND MANAGEMENT OF SICKLE CELL DISEASE.
DESIGNATION AS A CENTER FOR SICKLE CELL CARE EXCELLENCE SHALL NOT ENTI-
TLE A CENTER TO ENHANCED REIMBURSEMENT, BUT MAY BE UTILIZED IN OUTREACH
AND OTHER PROMOTIONAL ACTIVITIES. EACH CENTER FOR SICKLE CELL CARE
EXCELLENCE SHALL AFFILIATE AND COOPERATE WITH MAJOR CENTERS OF HIGHER
LEARNING, INCLUDING MEDICAL COLLEGES, AND LIFE SCIENCE RESEARCH INSTI-
TUTES IN THE STATE. THE STATE UNIVERSITY SHALL ENTER INTO APPROPRIATE
LEGAL AGREEMENTS TO ENABLE THIS COOPERATION. EACH CENTER FOR SICKLE CELL
CARE EXCELLENCE SHALL RECEIVE FIVE HUNDRED THOUSAND DOLLARS PER YEAR
FROM THE DEPARTMENT, FROM AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO BE
USED ON SICKLE CELL DISEASE RESEARCH.
2. OUTPATIENT TREATMENT CENTERS. THE COMMISSIONER SHALL DESIGNATE TEN
HOSPITALS, DISTRIBUTED BASED ON SICKLE CELL PATIENT POPULATION CONCEN-
TRATIONS, AS SICKLE CELL OUTPATIENT TREATMENT CENTERS WHICH SHALL
PROVIDE PATIENTS TREATMENT FOR SICKLE CELL DISEASE AS AN OUTPATIENT.
EACH SICKLE CELL OUTPATIENT TREATMENT CENTER SHALL RECEIVE TWO HUNDRED
FIFTY THOUSAND DOLLARS PER YEAR FROM THE DEPARTMENT, FROM AMOUNTS APPRO-
PRIATED FOR THAT PURPOSE, TO BE USED TO ENSURE THE PROPER MANAGEMENT AND
EQUIPPING OF THE CENTERS TO CARE FOR SICKLE CELL PATIENTS.
§ 3. Subdivision 8 of section 3331 of the public health law, as added
by section 7-a of part D of chapter 57 of the laws of 2018, is amended
to read as follows:
8. No opioids shall be prescribed to a patient initiating or being
maintained on opioid treatment for pain which has lasted more than three
months or past the time of normal tissue healing, unless the medical
record contains a written treatment plan that follows generally accepted
national professional or governmental guidelines. The requirements of
this [paragraph] SUBDIVISION shall not apply in the case of patients who
are being treated for SICKLE CELL DISEASE OR cancer that is not in
remission, who are in hospice or other end-of-life care, or whose pain
is being treated as part of palliative care practices.
§ 4. This act shall take effect immediately and shall be deemed to be
in full force and effect on and after April 1, 2025.
PART KK
Section 1. Article 2-A of the public health law is amended by adding a
new title IV to read as follows:
TITLE IV
PRESERVING ACCESS TO AFFORDABLE DRUGS
SECTION 282. DEFINITIONS.
283. PRESERVING ACCESS TO AFFORDABLE DRUGS.
§ 282. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ANDA" SHALL MEAN ABBREVIATED NEW DRUG APPLICATION AS DESCRIBED BY
505(J) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 335(J).
2. "ANDA FILER" SHALL MEAN A PARTY THAT OWNS OR CONTROLS AN ANDA FILED
WITH THE FEDERAL FOOD AND DRUG ADMINISTRATION OR HAS THE EXCLUSIVE
RIGHTS UNDER THAT ANDA TO DISTRIBUTE THE ANDA PRODUCT.
3. "AGREEMENT" SHALL MEAN ANYTHING THAT WOULD CONSTITUTE AN AGREEMENT
UNDER STATE LAW.
4. "AGREEMENT RESOLVING OR SETTLING A PATENT INFRINGEMENT CLAIM"
INCLUDES ANY AGREEMENT THAT IS ENTERED INTO WITHIN THIRTY DAYS OF THE
RESOLUTION OR THE SETTLEMENT OF THE CLAIM, OR ANY OTHER AGREEMENT THAT
IS CONTINGENT UPON, PROVIDES A CONTINGENT CONDITION FOR, OR IS OTHERWISE
S. 3007--B 80
RELATED TO THE RESOLUTION OR SETTLEMENT OF THE CLAIM. THIS SHALL
INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOWING:
(A) ANY AGREEMENT REQUIRED TO BE PROVIDED TO THE FEDERAL TRADE COMMIS-
SION OR THE ANTITRUST DIVISION OF THE UNITED STATES DEPARTMENT OF
JUSTICE UNDER THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERN-
IZATION ACT OF 2003, PUB. L. NO. 108-173;
(B) ANY AGREEMENT BETWEEN A BIOSIMILAR OR INTERCHANGEABLE PRODUCT
APPLICANT AND A REFERENCE PRODUCT SPONSOR UNDER THE BIOLOGICS PRICE
COMPETITION AND INNOVATION ACT OF 2009, PUB. L. NO. 111-148, THAT
RESOLVES PATENT CLAIMS BETWEEN THE APPLICANT AND SPONSOR.
5. "BIOSIMILAR BIOLOGICAL PRODUCT APPLICATION FILER" SHALL MEAN A
PARTY THAT OWNS OR CONTROLS A BIOSIMILAR BIOLOGICAL PRODUCT APPLICATION
FILED WITH THE FEDERAL FOOD AND DRUG ADMINISTRATION PURSUANT TO SECTION
351(K) OF THE PUBLIC HEALTH SERVICE ACT, 42 U.S.C. 262(K), FOR LICENSURE
OF A BIOLOGICAL PRODUCT AS BIOSIMILAR TO, OR INTERCHANGEABLE WITH, A
REFERENCE PRODUCT, OR THAT HAS THE EXCLUSIVE RIGHTS UNDER THE APPLICA-
TION TO DISTRIBUTE THE BIOSIMILAR BIOLOGICAL PRODUCT.
6. "NDA" SHALL MEAN A NEW DRUG APPLICATION.
7. "NONREFERENCE DRUG FILER" SHALL MEAN EITHER:
(A) AN ANDA FILER;
(B) A COMPANY THAT SEEKS AN ABBREVIATED APPROVAL PATHWAY FOR ITS DRUG
PRODUCT UNDER 505(B)(2) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21
U.S.C. 355(B)(2); OR
(C) A BIOSIMILAR BIOLOGICAL PRODUCT APPLICATION FILER, OR COMPANY
SEEKING FDA APPROVAL FOR A BIOSIMILAR UNDER 42 U.S.C. 262.
8. "NONREFERENCE DRUG PRODUCT" SHALL MEAN THE PRODUCT TO BE MANUFAC-
TURED UNDER AN ANDA OR AN APPLICATION FILED UNDER SECTION 505(B)(2) OF
THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 355(B), THAT IS THE
SUBJECT OF THE PATENT INFRINGEMENT CLAIM, A BIOSIMILAR BIOLOGICAL PROD-
UCT THAT IS THE PRODUCT TO BE MANUFACTURED UNDER THE BIOSIMILAR BIOLOG-
ICAL PRODUCT APPLICATION THAT IS THE SUBJECT OF THE PATENT INFRINGEMENT
CLAIM, OR BOTH.
9. "PATENT INFRINGEMENT" SHALL MEAN INFRINGEMENT OF ANY PATENT OR OF
ANY FILED PATENT APPLICATION, EXTENSION, REISSUE, RENEWAL, DIVISION,
CONTINUATION, CONTINUATION IN PART, REEXAMINATION, PATENT TERM RESTORA-
TION, PATENTS OF ADDITION, AND EXTENSIONS THEREOF.
10. "PATENT INFRINGEMENT CLAIM" SHALL MEAN ANY ALLEGATION MADE TO A
NONREFERENCE DRUG FILER, WHETHER OR NOT INCLUDED IN A COMPLAINT FILED
WITH A COURT OF LAW, THAT ITS NONREFERENCE DRUG PRODUCT OR APPLICATION
INFRINGES ANY PATENT HELD BY, OR EXCLUSIVELY LICENSED TO, THE REFERENCE
DRUG HOLDER.
11. "REFERENCE DRUG HOLDER" SHALL MEAN EITHER:
(A) A BRAND HOLDER THAT IS ANY OF THE FOLLOWING:
(I) THE HOLDER OF AN APPROVED NDA FOR A DRUG PRODUCT APPLICATION FILED
UNDER SECTION 505(B) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21
U.S.C. 355(B);
(II) A PERSON OWNING OR CONTROLLING ENFORCEMENT OF THE PATENT LISTED
IN THE APPROVED DRUG PRODUCTS WITH THERAPEUTIC EQUIVALENCE EVALUATIONS
IN CONNECTION WITH THE NDA; OR
(III) THE PREDECESSORS, SUBSIDIARIES, DIVISIONS, GROUPS, AND AFFIL-
IATES CONTROLLED BY, CONTROLLING, OR UNDER COMMON CONTROL WITH, ANY OF
THE ENTITIES DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH,
WITH CONTROL TO BE PRESUMED BY DIRECT OR INDIRECT SHARE OWNERSHIP OF
FIFTY PERCENT OR GREATER, AS WELL AS THE LICENSEES, LICENSORS, SUCCES-
SORS, AND ASSIGNS OF EACH OF THOSE ENTITIES; OR
S. 3007--B 81
(B) A BIOLOGICAL PRODUCT LICENSE HOLDER, WHICH SHALL MEAN ANY OF THE
FOLLOWING:
(I) THE HOLDER OF AN APPROVED BIOLOGICAL PRODUCT LICENSE APPLICATION
FOR A BIOLOGICAL DRUG PRODUCT UNDER SECTION 351(A) OF THE PUBLIC HEALTH
SERVICE ACT, 42 U.S.C. 262(A);
(II) A PERSON OWNING OR CONTROLLING ENFORCEMENT OF ANY PATENTS THAT
CLAIM THE BIOLOGICAL PRODUCT THAT IS THE SUBJECT OF THE APPROVED BIOLOG-
ICAL PATENT LICENSE APPLICATION; OR
(III) THE PREDECESSORS, SUBSIDIARIES, DIVISIONS, GROUPS, AND AFFIL-
IATES CONTROLLED BY, CONTROLLING, OR UNDER COMMON CONTROL WITH, ANY OF
THE ENTITIES DESCRIBED IN SUBPARAGRAPH (I) OR (II) OF THIS PARAGRAPH,
WITH CONTROL TO BE PRESUMED BY DIRECT OR INDIRECT SHARE OWNERSHIP OF
FIFTY PERCENT OR GREATER, AS WELL AS THE LICENSEES, LICENSORS, SUCCES-
SORS, AND ASSIGNS OF EACH OF THOSE ENTITIES.
12. "REFERENCE DRUG PRODUCT" SHALL MEAN THE PRODUCT TO BE MANUFACTURED
BY THE REFERENCE DRUG HOLDER AND INCLUDES BOTH BRANDED DRUGS OF THE NDA
HOLDER AND THE BIOLOGIC DRUG PRODUCT OF THE BIOLOGIC PRODUCT LICENSE
APPLICANT.
13. "STATUTORY EXCLUSIVITY" SHALL MEAN THOSE PROHIBITIONS ON THE
APPROVAL OF DRUG APPLICATIONS UNDER CLAUSES (II) THROUGH (IV) OF SECTION
505(C)(3)(E), SECTION 527 OR SECTION 505A OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, 21 U.S.C. 355(C)(3)(E), ON THE LICENSING OF BIOLOGICAL
PRODUCT APPLICATIONS UNDER SECTION 262(K)(7) OF TITLE 42 OF THE UNITED
STATES CODE OR SECTION 262(M)(2) OR (3) OF TITLE 42 OF THE UNITED STATES
CODE.
§ 283. PRESERVING ACCESS TO AFFORDABLE DRUGS. 1. (A) EXCEPT AS
PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, AN AGREEMENT RESOLVING OR
SETTLING, ON A FINAL OR INTERIM BASIS, A PATENT INFRINGEMENT CLAIM, IN
CONNECTION WITH THE SALE OF A PHARMACEUTICAL PRODUCT, SHALL BE PRESUMED
TO HAVE ANTICOMPETITIVE EFFECTS AND SHALL BE A VIOLATION OF THIS SECTION
IF BOTH OF THE FOLLOWING APPLY:
(I) A NONREFERENCE DRUG FILER RECEIVES ANYTHING OF VALUE FROM ANOTHER
COMPANY ASSERTING PATENT INFRINGEMENT, INCLUDING, BUT NOT LIMITED TO, AN
EXCLUSIVE LICENSE OR A PROMISE THAT THE BRAND COMPANY WILL NOT LAUNCH AN
AUTHORIZED GENERIC VERSION OF ITS BRAND DRUG; AND
(II) THE NONREFERENCE DRUG FILER AGREES TO LIMIT OR FOREGO RESEARCH,
DEVELOPMENT, MANUFACTURING, MARKETING, OR SALES OF THE NONREFERENCE DRUG
FILER'S PRODUCT FOR ANY PERIOD OF TIME.
(B) AS USED IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION,
"ANYTHING OF VALUE" SHALL BE INTERPRETED BROADLY TO INCLUDE ANY TYPE OF
CONSIDERATION, VALUE OR BENEFIT A REFERENCE DRUG HOLDER OR NONREFERENCE
DRUG FILER COULD POSSIBLY OBTAIN FROM THE AGREEMENT. "ANYTHING OF VALUE"
SHALL NOT INCLUDE A SETTLEMENT OF PATENT INFRINGEMENT CLAIMS IN WHICH
THE CONSIDERATION GRANTED BY THE REFERENCE DRUG HOLDER TO THE NONREFER-
ENCE DRUG FILER AS PART OF THE RESOLUTION OR SETTLEMENT CONSISTS OF ONLY
ONE OR MORE OF THE FOLLOWING:
(I) THE RIGHT TO MARKET THE COMPETING PRODUCT IN THE UNITED STATES
BEFORE THE EXPIRATION OF EITHER:
(A) A PATENT THAT IS THE BASIS FOR THE PATENT INFRINGEMENT CLAIM; OR
(B) A PATENT RIGHT OR OTHER STATUTORY EXCLUSIVITY THAT WOULD PREVENT
THE MARKETING OF THE DRUG;
(II) A COVENANT NOT TO SUE ON A CLAIM THAT THE NONREFERENCE DRUG PROD-
UCT INFRINGES A UNITED STATES PATENT;
(III) COMPENSATION FOR SAVED REASONABLE FUTURE LITIGATION EXPENSES OF
THE REFERENCE DRUG HOLDER BUT ONLY IF BOTH OF THE FOLLOWING ARE TRUE:
S. 3007--B 82
(A) THE TOTAL COMPENSATION FOR SAVED LITIGATION EXPENSES IS REFLECTED
IN BUDGETS THAT THE REFERENCE DRUG HOLDER DOCUMENTED AND ADOPTED AT
LEAST SIX MONTHS BEFORE THE SETTLEMENT; AND
(B) THE COMPENSATION SHALL NOT EXCEED THE LOWER OF THE FOLLOWING:
(1) SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS; OR
(2) FIVE PERCENT OF THE REVENUE THAT THE NONREFERENCE DRUG FILER
PROJECTED OR FORECASTED IT WOULD RECEIVE IN THE FIRST THREE YEARS OF
SALES OF ITS VERSION OF THE REFERENCE DRUG DOCUMENTED AT LEAST TWELVE
MONTHS BEFORE THE SETTLEMENT. IF NO PROJECTIONS OR FORECASTS ARE AVAIL-
ABLE, THE COMPENSATION SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND
DOLLARS;
(IV) AN AGREEMENT BY THE REFERENCE DRUG HOLDER NOT TO INTERFERE WITH
THE NONREFERENCE DRUG FILER'S ABILITY TO SECURE AND MAINTAIN REGULATORY
APPROVAL TO MARKET THE NONREFERENCE DRUG PRODUCT OR AN AGREEMENT TO
FACILITATE THE NONREFERENCE DRUG FILER'S ABILITY TO SECURE AND MAINTAIN
REGULATORY APPROVAL TO MARKET THE NONREFERENCE DRUG PRODUCT; OR
(V) AN AGREEMENT RESOLVING A PATENT INFRINGEMENT CLAIM IN WHICH THE
REFERENCE DRUG HOLDER FORGIVES THE POTENTIAL DAMAGES ACCRUED BY A
NONREFERENCE DRUG FILER FOR AN AT-RISK LAUNCH OF THE NONREFERENCE DRUG
PRODUCT THAT IS THE SUBJECT OF THAT CLAIM.
(C) PARTIES TO AN AGREEMENT ARE NOT IN VIOLATION OF PARAGRAPH (A) OF
THIS SUBDIVISION IF THEY CAN DEMONSTRATE BY CLEAR AND CONVINCING
EVIDENCE THAT EITHER OF THE FOLLOWING ARE MET:
(I) THE VALUE RECEIVED BY THE NONREFERENCE DRUG FILER DESCRIBED IN
SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION IS A FAIR AND
REASONABLE COMPENSATION SOLELY FOR OTHER GOODS OR SERVICES THAT THE
NONREFERENCE DRUG FILER HAS PROMISED TO PROVIDE; OR
(II) THE AGREEMENT HAS DIRECTLY GENERATED PROCOMPETITIVE BENEFITS AND
THE PROCOMPETITIVE BENEFITS OF THE AGREEMENT OUTWEIGH THE ANTICOMPET-
ITIVE EFFECTS OF THE AGREEMENT.
2. IN DETERMINING WHETHER THE PARTIES TO THE AGREEMENT HAVE MET THEIR
BURDEN UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, A COURT
OF COMPETENT JURISDICTION SHALL NOT CONSIDER ANY OF THE FOLLOWING:
(A) THAT ENTRY INTO THE MARKETPLACE COULD NOT HAVE OCCURRED UNTIL THE
EXPIRATION OF THE RELEVANT PATENT EXCLUSIVITY OR THAT THE AGREEMENT'S
PROVISION FOR ENTRY OF THE NONREFERENCE DRUG PRODUCT BEFORE THE EXPIRA-
TION OF ANY PATENT EXCLUSIVITY MEANS THAT THE AGREEMENT IS PROCOMPET-
ITIVE WITHIN THE MEANING OF SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDI-
VISION ONE OF THIS SECTION;
(B) THAT ANY PATENT IS ENFORCEABLE AND INFRINGED BY THE NONREFERENCE
DRUG FILER IN THE ABSENCE OF A FINAL ADJUDICATION BINDING ON THE FILER
OF THOSE ISSUES;
(C) THAT THE AGREEMENT CAUSED NO DELAY IN ENTRY OF THE NONREFERENCE
DRUG FILER'S DRUG PRODUCT BECAUSE OF THE LACK OF FEDERAL FOOD AND DRUG
ADMINISTRATION (FDA) APPROVAL OF THAT OR OF ANOTHER NONREFERENCE DRUG
PRODUCT; OR
(D) THAT THE AGREEMENT CAUSED NO HARM OR DELAY DUE TO THE POSSIBILITY
THAT THE NONREFERENCE DRUG FILER'S DRUG PRODUCT MIGHT INFRINGE SOME
PATENT THAT HAS NOT BEEN ASSERTED AGAINST THE NONREFERENCE DRUG FILER OR
THAT IS NOT SUBJECT TO A FINAL AND BINDING ADJUDICATION ON THAT FILER AS
TO THE PATENT'S SCOPE, ENFORCEABILITY, AND INFRINGEMENT.
3. IN DETERMINING WHETHER THE PARTIES TO THE AGREEMENT HAVE MET THEIR
BURDEN UNDER PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, A COURT
OF COMPETENT JURISDICTION SHALL PRESUME THAT THE RELEVANT PRODUCT MARKET
IS THAT MARKET CONSISTING OF THE REFERENCE DRUG OF THE COMPANY ALLEGING
PATENT INFRINGEMENT AND THE DRUG PRODUCT OF THE NONREFERENCE DRUG FILER
S. 3007--B 83
ACCUSED OF INFRINGEMENT AND ANY OTHER BIOLOGICAL PRODUCT THAT IS
LICENSED AS BIOSIMILAR OR IS AN AB-RATED GENERIC TO THE REFERENCE PROD-
UCT.
4. (A) THIS SECTION SHALL NOT MODIFY, IMPAIR, LIMIT, OR SUPERSEDE THE
APPLICABILITY OF THE ANTITRUST LAWS OF THE STATE PURSUANT TO ARTICLE
TWENTY-TWO OF THE GENERAL BUSINESS LAW, UNFAIR COMPETITION LAWS OF THE
STATE PURSUANT TO ARTICLE TWENTY-TWO-A OF THE GENERAL BUSINESS LAW OR
THE AVAILABILITY OF DAMAGES OR REMEDIES PROVIDED THEREIN. THIS SECTION
SHALL NOT MODIFY, IMPAIR, LIMIT, OR SUPERSEDE THE RIGHT OF ANY DRUG
COMPANY APPLICANT TO ASSERT CLAIMS OR COUNTERCLAIMS AGAINST ANY PERSON,
UNDER THE ANTITRUST LAWS OR OTHER LAWS RELATING TO UNFAIR COMPETITION OF
THE FEDERAL ANTITRUST LAW OR STATE LAW.
(B) IF ANY PROVISION OF THIS SUBDIVISION, AN AMENDMENT MADE TO THIS
SUBDIVISION, OR THE APPLICATION OF ANY PROVISION OR AMENDMENT TO ANY
PERSON OR CIRCUMSTANCE IS HELD TO BE UNCONSTITUTIONAL, THE REMAINDER OF
THIS SUBDIVISION, THE AMENDMENTS MADE TO THIS SUBDIVISION, AND THE
APPLICATION OF THE PROVISIONS OF THIS SUBDIVISION OR AMENDMENTS TO ANY
PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED.
5. (A)(I) EACH PERSON THAT VIOLATES OR ASSISTS IN THE VIOLATION OF
THIS SECTION SHALL FORFEIT AND PAY TO THE STATE A CIVIL PENALTY SUFFI-
CIENT TO DETER VIOLATIONS OF THIS SECTION, AS FOLLOWS:
(A) IF THE PERSON WHO VIOLATED THIS SECTION RECEIVED ANY VALUE DUE TO
THAT VIOLATION, AN AMOUNT UP TO THREE TIMES THE VALUE RECEIVED BY THE
PARTY THAT IS REASONABLY ATTRIBUTABLE TO THE VIOLATION OF THIS SECTION,
OR TWENTY MILLION DOLLARS, WHICHEVER IS GREATER; OR
(B) IF THE VIOLATOR HAS NOT RECEIVED ANYTHING OF VALUE AS DESCRIBED IN
THIS SUBPARAGRAPH, AN AMOUNT UP TO THREE TIMES THE VALUE GIVEN TO OTHER
PARTIES TO THE AGREEMENT REASONABLY ATTRIBUTABLE TO THE VIOLATION OF
THIS SECTION, OR TWENTY MILLION DOLLARS.
(C) FOR PURPOSES OF THIS SUBDIVISION, "REASONABLY ATTRIBUTABLE TO THE
VIOLATION" SHALL BE DETERMINED BY THE STATE'S SHARE OF THE MARKET FOR
THE BRAND DRUG AT ISSUE IN THE AGREEMENT.
(II) ANY PENALTY DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL
ACCRUE ONLY TO THE STATE AND SHALL BE RECOVERED IN A CIVIL ACTION
BROUGHT BY THE ATTORNEY GENERAL IN ITS OWN NAME, OR BY ANY OF ITS ATTOR-
NEYS DESIGNATED BY IT FOR THAT PURPOSE, AGAINST ANY PARTY TO AN AGREE-
MENT THAT VIOLATES THIS SECTION.
(B) EACH PARTY THAT VIOLATES OR ASSISTS IN THE VIOLATION OF THIS
SECTION SHALL BE LIABLE FOR ANY DAMAGES, PENALTIES, COSTS, FEES, INJUNC-
TIONS, OR OTHER EQUITABLE OR LEGAL REMEDIES, INCLUDING, BUT NOT LIMITED
TO, RESTITUTION AND DISGORGEMENT, THAT MAY BE JUST AND REASONABLE. SUCH
REMEDIES SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY REMEDY AVAILABLE
UNDER ARTICLES TWENTY-TWO OR TWENTY-TWO-A OF THE GENERAL BUSINESS LAW
AND SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
(C) IF THE STATE IS AWARDED PENALTIES UNDER SUBPARAGRAPH (I) OF PARA-
GRAPH (A) OF THIS SUBDIVISION, IT SHALL NOT RECOVER PENALTIES PURSUANT
TO ANOTHER LAW IDENTIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION. THIS
SECTION SHALL NOT BE CONSTRUED TO FORECLOSE THE STATE'S ABILITY TO CLAIM
ANY EQUITABLE OR LEGAL REMEDY AVAILABLE IN PARAGRAPH (B) OF THIS SUBDI-
VISION.
(D) AN ACTION TO ENFORCE A CAUSE OF ACTION FOR A VIOLATION OF THIS
SECTION SHALL BE COMMENCED WITHIN SIX YEARS AFTER THE CAUSE OF ACTION
ACCRUED.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid or unenforceable, such judgment
S. 3007--B 84
shall not affect, impair, or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, subdi-
vision, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this act would have been enacted
even if such invalid provisions had not been included herein.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART LL
Section 1. Short title. This act shall be known and may be cited as
"Daniel's law".
§ 2. Legislative findings and intent. It is the purpose of this act to
promote the public health, safety and welfare of all citizens by broadly
ensuring a public health-based response to anyone in New York experienc-
ing a mental health, alcohol use or substance use crisis; to offer and
ensure the most appropriate response to, and treatment of, individuals
experiencing crisis due to mental health conditions, alcohol use or
substance use conditions; and to deescalate crisis situations so that as
few New Yorkers as possible experience nonconsensual transport, use of
force, or criminal consequences as a result of mental health, alcohol
use or substance abuse crises. The necessity to establish a defined
response protocol for behavioral health and substance use crises has
never been more urgent.
§ 3. Section 41.01 of the mental hygiene law, as amended by chapter 37
of the laws of 2011, is amended to read as follows:
§ 41.01 Declaration of purpose.
(A) This article is designed to enable and encourage local governments
to develop in the community preventive, rehabilitative, CRISIS RESPONSE,
and treatment services offering continuity of care; to improve and to
expand existing community programs for persons with mental illness, AND
developmental disabilities, and those [suffering from the diseases of
alcoholism] WITH ALCOHOL USE DISORDER and substance [abuse] USE
DISORDER; to plan for the integration of community and state services
and facilities for individuals with mental disabilities, ALCOHOL USE
DISORDERS, AND SUBSTANCE USE DISORDERS; and to cooperate with other
local governments and with the state in the provision of joint services
and sharing of [manpower] PERSONNEL resources.
(B) Effective implementation of this article requires the [direction]
ESTABLISHMENT and administration, by each local governmental unit, of a
local comprehensive planning process for its geographic area in which
all providers of services shall participate and cooperate in the
provision of all necessary information. [It] THIS ARTICLE also initiates
a planning effort involving the state, local governments and other
providers of service for the purpose of promoting continuity of care
through the development of integrated systems of care and treatment for
individuals with mental illness, developmental disabilities, and for
those [suffering from the diseases of alcoholism] WITH ALCOHOL USE
DISORDER and substance [abuse] USE DISORDER.
(C) SUCH PLANNING EFFORT MUST ALSO SPECIFICALLY ADDRESS THE DEVELOP-
MENT OF AN EFFECTIVE CRISIS RESPONSE SYSTEM THAT INCLUDES THE USE OF
NON-POLICE, COMMUNITY-RUN CRISIS FIRST RESPONDER TEAMS UTILIZING PEERS
AND INDEPENDENT EMERGENCY MEDICAL TECHNICIANS AS FIRST RESPONDERS. TO
ENSURE THE DEVELOPMENT OF A COMPREHENSIVE AND INCLUSIVE PLAN, THE CRISIS
SERVICES PLANNING EFFORT MUST INCLUDE AT LEAST FIFTY-ONE PERCENT PEERS
S. 3007--B 85
AND FAMILY PEERS, AND THE REMAINING FORTY-NINE PERCENT MUST BE FAMILY
MEMBERS AND EMERGENCY MEDICAL RESPONSE PROVIDERS WHO SHALL BE INDEPEND-
ENT OF ANY LOCAL GOVERNMENT'S EMERGENCY SERVICES DEPARTMENT, AND OPER-
ATED BY A NON-GOVERNMENTAL ORGANIZATION VIA A CONTRACT WITH THE LOCAL
GOVERNMENT PROVIDERS OF CRISIS SERVICES, 9-8-8 PERSONNEL, AND OTHER
NON-GOVERNMENTAL COMMUNITY AGENCIES WHICH MAY COME IN CONTACT WITH A
PERSON EXPERIENCING A MENTAL HEALTH OR ALCOHOL USE OR SUBSTANCE USE
CRISIS.
§ 4. Section 41.03 of the mental hygiene law is amended by adding six
new subdivisions 14, 15, 16, 17, 18 and 19 to read as follows:
14. "EMERGENCY AND CRISIS SERVICES PLAN" MEANS A PLAN WHICH IS PART
OF, AND SUBMITTED WITH, THE LOCAL SERVICES PLAN, BUT IS PLANNED AND
DEVELOPED SPECIFICALLY TO ENSURE THAT ALL SERVICES, POLICIES, TRAINING,
PROCEDURES, EXPENDITURES AND CONTRACTS FOR SERVICES AND PROCESSES USED
TO ASSIST PEOPLE EXPERIENCING MENTAL HEALTH OR ALCOHOL USE OR SUBSTANCE
USE CRISES ARE PEER-FOCUSED, DESIGNED TO DECREASE CONTACT WITH POLICE
AND CENTERED ON INCREASED ACCESS TO CARE OF THE HIGHEST QUALITY.
15. "ELIGIBLE EMERGENCY AND CRISIS RESPONSE SERVICES" MEANS SERVICES
ELIGIBLE FOR FUNDING UNDER SECTION 41.18 OF THIS ARTICLE, INCLUDING BUT
NOT LIMITED TO, CRISIS RESPONSE TEAMS, CRISIS STABILIZATION SERVICES AND
CENTERS, PEER LIVING ROOMS, PEER SUPPORT CENTERS, MOBILE CRISIS TEAMS
NOT UTILIZING LAW ENFORCEMENT AS PART OF THE TEAM, CRISIS COLLABORA-
TIVES, PEER CRISIS SERVICES, AND CRISIS SYSTEM OVERSIGHT AND MANAGEMENT,
WHICH ARE INCLUDED IN AN EMERGENCY AND CRISIS SERVICES PLAN.
16. "CRISIS RESPONSE TEAM" MEANS ONE EXTENSIVELY-TRAINED PEER ACTING
AS A CRISIS WORKER AND ONE EMERGENCY MEDICAL TECHNICIAN INDEPENDENT OF
ANY LOCAL GOVERNMENT'S EMERGENCY SERVICES DEPARTMENT, AND OPERATED BY A
NON-GOVERNMENTAL AGENCY VIA A CONTRACT WITH THE LOCAL GOVERNMENT.
17. "PEER" MEANS AN INDIVIDUAL WITH LIVED MENTAL HEALTH EXPERIENCE
AND/OR ALCOHOL USE OR SUBSTANCE USE DISORDER EXPERIENCE, WHO HAS EXPERI-
ENCE NAVIGATING SYSTEMS SUCH AS THE HEALTHCARE, MENTAL HEALTH, JUDICIAL,
CRIMINAL LEGAL, HOUSING, EDUCATION, AND EMPLOYMENT SYSTEMS.
18. "FAMILY PEER" MEANS AN INDIVIDUAL WITH LIVED EXPERIENCE AS THE
BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, OR THE PRIMARY CAREGIVER, OF
CHILDREN/YOUTH WITH SOCIAL, EMOTIONAL, BEHAVIORAL, MENTAL HEALTH OR
ALCOHOL USE OR SUBSTANCE USE DISORDERS, WHO HAVE EXPERIENCE NAVIGATING
SYSTEMS SUCH AS THE HEALTHCARE, MENTAL HEALTH, JUDICIAL, CRIMINAL LEGAL,
HOUSING, EDUCATION, AND EMPLOYMENT SYSTEMS.
19. "STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL" MEANS THE COUN-
CIL CREATED PURSUANT TO SECTION 5.08 OF THIS CHAPTER.
§ 5. Section 41.07 of the mental hygiene law is amended by adding a
new subdivision (d) to read as follows:
(D) IN DEVELOPING THE EMERGENCY AND CRISIS SERVICES PLAN DEFINED BY
SUBDIVISION FOURTEEN OF SECTION 41.03 OF THIS ARTICLE AND MANDATED BY
PARAGRAPH SEVENTEEN OF SUBDIVISION (A) OF SECTION 41.13 OF THIS ARTICLE,
LOCAL GOVERNMENTS ARE ENCOURAGED TO DEVELOP JOINT PLANS FOR A REGIONAL
OR SUB-REGIONAL SERVICE AREA TO MAXIMIZE THE USE AND AVAILABILITY OF
CRISIS AND EMERGENCY SERVICES FOR ALL PERSONS EXPERIENCING A MENTAL
HEALTH OR ALCOHOL USE OR SUBSTANCE USE CRISIS IN THAT REGION OR SUB-RE-
GION.
§ 6. Subdivision (a) of section 41.13 of the mental hygiene law is
amended by adding a new paragraph 17 to read as follows:
17. SUBMIT AN EMERGENCY AND CRISIS SERVICES PLAN, EITHER ALONE OR WITH
OTHER LOCAL GOVERNMENTS IN A REGION OR SUB-REGION, AS REQUIRED BY SUBDI-
VISION FOURTEEN OF SECTION 41.03 OF THIS ARTICLE TO COMPREHENSIVELY PLAN
FOR EMERGENCY AND CRISIS SERVICES AS IS REQUIRED BY THIS CHAPTER.
S. 3007--B 86
(I) THE EMERGENCY AND CRISIS SERVICES PLANNING PROCESS SHALL INCLUDE
PEERS, FAMILY PEERS, FAMILY MEMBERS, EMERGENCY MEDICAL RESPONSE PROVID-
ERS, 9-8-8 PERSONNEL AND PERSONNEL OF OTHER COMMUNITY AGENCIES WHICH MAY
COME IN CONTACT WITH A PERSON EXPERIENCING A MENTAL HEALTH OR ALCO-
HOL USE OR SUBSTANCE USE CRISIS. PEERS AND FAMILY PEERS SHALL CONSTITUTE
AT LEAST FIFTY-ONE PERCENT OF THE PLANNING GROUP.
(II) THE EMERGENCY AND CRISIS SERVICES PLAN SHALL BE CONSISTENT WITH
THE COMMISSIONER'S REGULATIONS FOR CRISIS SERVICES PLANS, DEVELOPED
PURSUANT TO SUBDIVISION (F) OF SECTION 5.05 OF THIS CHAPTER AFTER
CONSULTATION WITH THE STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL.
§ 7. Subdivision (b) of section 41.18 of the mental hygiene law is
amended by adding a new paragraph (vi) to read as follows:
(VI) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, LOCAL
GOVERNMENTS, INDIVIDUALLY OR JOINTLY, SHALL BE GRANTED STATE AID OF ONE
HUNDRED PERCENT OF THE NET OPERATING COSTS EXPENDED BY SUCH LOCAL
GOVERNMENTS, AND BY VOLUNTARY AGENCIES WHICH HAVE CONTRACTED WITH SUCH
LOCAL GOVERNMENTS, FOR ELIGIBLE EMERGENCY AND CRISIS SERVICES AS DEFINED
BY SUBDIVISION FIFTEEN OF SECTION 41.03 OF THIS ARTICLE THAT ARE
INCLUDED IN AN APPROVED EMERGENCY AND CRISIS SERVICES PLAN. FUNDING
PROVIDED PURSUANT TO THIS PARAGRAPH SHALL BE AUTHORIZED ONLY FOR
SERVICES THAT HAVE A NON-POLICE, NON-LAW ENFORCEMENT, OR NON-CRIMINAL
LEGAL COMPONENT AND INCLUDE PEERS.
§ 8. Section 5.05 of the mental hygiene law is amended by adding five
new subdivisions (f), (g), (h), (i) and (j) to read as follows:
(F) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL BE JOINTLY RESPONSIBLE
FOR DEVELOPING AND REVISING AS NECESSARY, IN REGULATION, SPECIFIC STAND-
ARDS AND PROCEDURES FOR THE OPERATION AND FINANCING OF CRISIS AND EMER-
GENCY SERVICES, AFTER CONSULTATION WITH THE STATEWIDE EMERGENCY AND
CRISIS RESPONSE COUNCIL. SUCH STANDARDS AND PROCEDURES SHALL REQUIRE
THAT THE EMERGENCY AND CRISIS SERVICES PLANS INCLUDE A COMPREHENSIVE
APPROACH TO OVERSEE AND MEASURE THE APPROVED PLAN'S EFFECTIVENESS IN
DELIVERING HIGH-QUALITY, PEER-FOCUSED CRISIS SERVICES, INCLUDING
RESPONSE TIME STANDARDS, AND PERIODIC REPORTING REQUIREMENTS. THE
COMMISSIONERS SHALL REQUIRE SPECIFIC METRICS THAT APPROVED PLANS SHALL
UTILIZE TO EVALUATE SYSTEM PROGRESS, EFFECTIVENESS, AND APPROPRIATE
RESPONSE TIMES TO CRISES, WHICH SHALL BE THE SAME AS OR LESS THAN
CURRENT RESPONSE TIMES FOR OTHER HEALTH CRISES.
(G) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL BE JOINTLY RESPONSIBLE
TO ENSURE THAT:
(1) A NON-POLICE, COMMUNITY-RUN PUBLIC HEALTH-BASED RESPONSE THAT
UTILIZES TRAINED PEER AND INDEPENDENT EMERGENCY MEDICAL TECHNICIAN
CRISIS RESPONSE TEAMS FOR ANYONE EXPERIENCING A MENTAL HEALTH,
ALCOHOL USE OR SUBSTANCE USE CRISIS IS ESTABLISHED. ANY CRISIS RESPONSE
TEAM MAY REQUEST THAT A PEACE OFFICER AS DEFINED BY SECTION 2.10 OF
THE CRIMINAL PROCEDURE LAW, OR POLICE OFFICER AS DEFINED BY SECTION 1.20
OF THE CRIMINAL PROCEDURE LAW, TRANSPORT A PERSON IN DISTRESS DUE TO
MENTAL HEALTH CONDITIONS OR ALCOHOL USE OR SUBSTANCE USE, WHEN SUCH
TEAM HAS EXHAUSTED ALTERNATIVE METHODS FOR OBTAINING CONSENT FROM SUCH
PERSON, SUCH PERSON REFUSES TREATMENT OR TRANSPORT FROM THE CRISIS
RESPONSE TEAM; AND:
(I) SUCH PERSON POSES A SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER
PERSONS AS MANIFESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY
WHICH OTHERS ARE PLACED IN REASONABLE FEAR OF IMMINENT SERIOUS PHYSICAL
HARM; OR
S. 3007--B 87
(II) SUCH CRISIS RESPONSE TEAM MAKES AN ASSESSMENT, IN LIGHT
OF THE TOTALITY OF THE CIRCUMSTANCES, THAT THE CRISIS RESPONSE TEAM IS
AT RISK OF IMMINENT PHYSICAL VIOLENCE DUE TO THE PERSON'S ACTIONS;
(2) THE CRISIS RESPONSE TEAMS OPERATE TWENTY-FOUR HOURS A DAY, THREE
HUNDRED SIXTY-FIVE DAYS A YEAR;
(3) THE CRISIS RESPONSE TEAMS RECEIVE CULTURALLY COMPETENT, TRAUMA-IN-
FORMED, EXPERIENTIALLY-BASED, AND PEER-LED TRAINING;
(4) THE AVERAGE RESPONSE TIME FOR THE CRISIS RESPONSE TEAMS IS THE
SAME AS OR LESS THAN THE CURRENT RESPONSE TIME FOR OTHER HEALTH CRISES;
(5) THE CRISIS RESPONSE TEAMS DE-ESCALATE ANY SITUATION INVOLVING
INDIVIDUALS EXPERIENCING CRISIS DUE TO MENTAL HEALTH CONDITIONS,
ALCOHOL USE, OR SUBSTANCE USE AND AVOID THE USE OF NONCONSENSUAL TREAT-
MENT, TRANSPORT, OR FORCE WHEREVER POSSIBLE;
(6) THE MOST APPROPRIATE TREATMENT IS PROVIDED TO INDIVIDUALS EXPERI-
ENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
(7) VOLUNTARY ASSESSMENT AND REFERRAL OF INDIVIDUALS EXPERIENCING A
MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS ARE MAXIMIZED;
(8) ARREST, DETENTION, AND CONTACT WITH THE CRIMINAL LEGAL SYSTEM OF
INDIVIDUALS EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
CRISIS ARE MINIMIZED;
(9) THE NUMBER OF INDIVIDUALS WHO EXPERIENCE PHYSICAL HARM AND/OR
TRAUMA AS A RESULT OF A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
CRISIS ARE MINIMIZED;
(10) 9-8-8 PERSONNEL RESPOND TO INDIVIDUALS EXPERIENCING A MENTAL
HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS AND ARE OPTIMALLY UTILIZED
AND INTEGRATED IN THE EMERGENCY AND CRISIS SERVICES PLAN;
(11) A DETAILED PLAN TO MANAGE, OVERSEE, MONITOR AND REGULARLY REPORT
ON THE OPERATION OF THE PROPOSED CRISIS RESPONSE SYSTEM WHICH MEETS THE
REQUIREMENTS FOR THESE ACTIVITIES AS REQUIRED BY SUBDIVISION (I) OF THIS
SECTION IS ESTABLISHED;
(12) WHENEVER AN EMERGENCY HOTLINE IN NEW YORK STATE, SUCH AS 911 OR
311, RECEIVES A CALL REGARDING AN INDIVIDUAL EXPERIENCING A MENTAL
HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS, SUCH HOTLINE WILL REFER
SUCH CALL TO THE CRISIS RESPONSE TEAM FOR THE RELEVANT GEOGRAPHIC AREA;
AND
(13) THE CRISIS RESPONSE TEAMS EFFECTIVELY RESPOND TO ALL INDIVIDUALS
EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS WITH
CULTURALLY COMPETENT, TRAUMA-INFORMED CARE AND WITHOUT REGARD TO SOURCE
OF FUNDING.
(H) (1) WITHIN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL SELECT AN INDEPENDENT
ORGANIZATION TO CONDUCT AN EVALUATION OF THE STATEWIDE IMPACT OF THE
EMERGENCY AND CRISIS RESPONSE SERVICES MANDATED BY THIS SECTION ON:
(I) THE NUMBER OF CALLS TO, AND RESPONSES SENT BY, DISPATCH SERVICES
INCLUDING 311, 911, AND 988 IN RESPONSE TO PEOPLE EXPERIENCING MENTAL
HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISES;
(II) THE TYPES OF CRISES RESPONDED TO;
(III) THE DISPOSITION AND BRIEF DESCRIPTION OF THE RESULT OF EACH SUCH
CALL, ANONYMIZED TO PROTECT INDIVIDUALS' PRIVACY;
(IV) DEMOGRAPHIC INFORMATION INCLUDING THE RACE, ETHNICITY, GENDER,
DISABILITY, AND AGE OF ANY INDIVIDUAL WHO IS THE SUBJECT OF ANY DISPATCH
CALL OR INTERACTION BY A LOCAL CRISIS RESPONSE TEAM;
(V) THE DETAILS AND DESTINATION OF TRANSPORT OF ANY PERSON EXPERIENC-
ING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
(VI) THE SERVICES PROVIDED TO SUCH INDIVIDUALS;
S. 3007--B 88
(VII) THE IMPACT OF EMERGENCY AND CRISIS RESPONSE SERVICES MANDATED BY
THIS SECTION ON EMERGENCY ROOM VISITS, USE OF AMBULATORY SERVICES,
HOSPITALS AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW
AND/OR MENTAL HEALTH FACILITIES AS DEFINED IN SECTION 1.03 OF THE MENTAL
HYGIENE LAW; AND
(VIII) THE INVOLVEMENT OF LAW ENFORCEMENT IN MENTAL HEALTH, ALCOHOL
USE OR SUBSTANCE USE CRISES, INCLUDING ANY USE OF FORCE OR RESTRAINT
TACTICS OR DEVICES.
(2) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL DIRECT THE ORGANIZATION
SELECTED UNDER PARAGRAPH ONE OF THIS SUBDIVISION TO ISSUE ITS EVALUATION
WITHIN SIX MONTHS OF THE FIRST OPERATING DATE OF ANY APPROVED REGIONAL
EMERGENCY AND CRISIS SERVICES PLAN, AND SHALL INCLUDE DATA FROM ANY
REGIONAL PLAN THEN APPROVED AND OPERATING IN THE STATE. SUCH EVALUATION
SHALL BE MADE PUBLICLY AVAILABLE AND POSTED ON THE DEPARTMENT'S WEBSITE
UPON RECEIPT BY SUCH COMMISSIONERS. IN ADDITION TO THE REPORTING
REQUIREMENTS ESTABLISHED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION,
THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION
SERVICES AND SUPPORTS SHALL COLLECT ALL DATA LISTED UNDER PARAGRAPH ONE
OF THIS SUBDIVISION, AND SHALL REPORT SUCH DATA IN A FORM AND MANNER
THAT IS ACCESSIBLE TO THE PUBLIC VIA THE DEPARTMENT'S WEBSITE. THE
FIRST DATA REPORT REQUIRED BY THIS PARAGRAPH, AFTER THE EFFECTIVE DATE
OF THIS SUBDIVISION, SHALL BE MADE PUBLIC WITHIN NINETY DAYS OF THE
APPROVAL OF ANY REGIONAL EMERGENCY AND CRISIS RESPONSE PLAN, AND SHALL
BE MADE PUBLIC IN AN ONGOING MANNER EVERY NINETY DAYS THEREAFTER AND
INCLUDE DATA FROM EVERY ACTIVE REGIONAL EMERGENCY AND CRISIS RESPONSE
PLAN APPROVED BY THE COMMISSIONERS OF MENTAL HEALTH AND THE COMMISSIONER
OF ADDICTION SERVICES AND SUPPORTS.
(3) NO LATER THAN TWELVE MONTHS AFTER THE APPROVAL BY THE COMMISSIONER
OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS OF ANY REGIONAL EMERGENCY AND CRISIS RESPONSE
PLAN, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL PREPARE A COMPREHENSIVE
REPORT TO THE GOVERNOR AND THE LEGISLATURE SPECIFYING:
(I) THE RESULTS OF THE EVALUATION CARRIED OUT UNDER PARAGRAPH ONE OF
THIS SUBDIVISION;
(II) THE NUMBER OF INDIVIDUALS WHO RECEIVED QUALIFYING COMMUNITY-BASED
CRISIS RESPONSE SERVICES;
(III) DEMOGRAPHIC INFORMATION REGARDING SUCH INDIVIDUALS WHEN AVAIL-
ABLE, INCLUDING THE RACE, ETHNICITY, AGE, DISABILITY, SEX, SEXUAL ORIEN-
TATION, GENDER IDENTITY, AND GEOGRAPHIC LOCATION OF SUCH INDIVIDUALS;
(IV) THE PROCESSES AND MODELS DEVELOPED BY LOCAL GOVERNMENTS IN THEIR
EMERGENCY AND CRISIS SERVICES PLANS TO PROVIDE COMMUNITY-BASED CRISIS
RESPONSE SERVICES, INCLUDING THE PROCESSES DEVELOPED TO PROVIDE REFER-
RALS FOR, OR COORDINATION WITH, FOLLOW-UP CARE AND SERVICES;
(V) THE DIVERSION OF INDIVIDUALS FROM JAILS, INCARCERATION, OR SIMILAR
SETTINGS;
(VI) THE DIVERSION OF INDIVIDUALS FROM PSYCHIATRIC HOSPITALS, COMMIT-
MENTS UNDER CHAPTER FOUR HUNDRED EIGHT OF THE LAWS OF NINETEEN HUNDRED
NINETY-NINE, CONSTITUTING KENDRA'S LAW, AND OTHER INVOLUNTARY SERVICES;
(VII) THE EXPERIENCES OF INDIVIDUALS WHO RECEIVE COMMUNITY-BASED
CRISIS RESPONSE SERVICES;
(VIII) THE SUCCESSFUL CONNECTION OF INDIVIDUALS WITH FOLLOW-UP
SERVICES;
S. 3007--B 89
(IX) THE UTILIZATION OF SERVICES BY UNDERSERVED AND HISTORICALLY
EXCLUDED COMMUNITIES, INCLUDING BLACK, INDIGENOUS AND PEOPLE OF COLOR
(BIPOC) POPULATIONS;
(X) THE COST OR COST SAVINGS ATTRIBUTABLE TO SUCH EMERGENCY AND CRISIS
RESPONSE SERVICES;
(XI) OTHER RELEVANT OUTCOMES IDENTIFIED BY THE COMMISSIONER OF MENTAL
HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE
STATEWIDE ADVISORY EMERGENCY AND CRISIS RESPONSE COUNCIL;
(XII) HOW ALL ON-GOING ASPECTS OF ASSESSMENT COMPARE WITH THE HISTOR-
ICAL MEASURES OF SUCH ASSESSMENTS; AND
(XIII) RECOMMENDATIONS FOR IMPROVEMENTS TO THE EMERGENCY AND CRISIS
SERVICES SYSTEMS THROUGHOUT THE STATE.
(4) ALL REPORTS AND EVALUATIONS CONDUCTED BY THE COMMISSIONER OF
MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES
AND SUPPORTS SHALL BE MADE PUBLICLY AVAILABLE, INCLUDING ON THE WEBSITE
OF THE DEPARTMENT.
(I) THE COMMISSIONERS OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE COUNCIL CREATED PURSU-
ANT TO SECTION 5.08 OF THIS ARTICLE, SHALL BE JOINTLY RESPONSIBLE FOR
APPROVAL OF THE EMERGENCY AND CRISIS SERVICES PLAN COMPONENT OF A LOCAL
SERVICES PLAN SUBMITTED BY ONE OR MORE LOCAL GOVERNMENTAL UNITS. EACH
PLAN SHALL HAVE AN ATTESTATION THAT SUCH PLAN WAS DEVELOPED AS
PRESCRIBED IN PARAGRAPH SEVENTEEN OF SUBDIVISION (A) OF SECTION 41.13 OF
THIS CHAPTER TO BE CONSIDERED FOR APPROVAL. SUCH APPROVAL SHALL SERVE
AS THE BASIS FOR FUNDING ELIGIBLE EMERGENCY AND CRISIS SERVICES PURSUANT
TO PARAGRAPH (VI) OF SUBDIVISION (B) OF SECTION 41.18 OF THIS CHAPTER.
(J) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL ESTABLISH A STATEWIDE
BEHAVIORAL HEALTH CRISIS TECHNICAL ASSISTANCE CENTER WITHIN THE OFFICE
OF MENTAL HEALTH. THE COMMISSIONERS OF MENTAL HEALTH AND THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS SHALL BE RESPONSIBLE FOR THE STRUCTURE
AND OPERATION OF THE STATEWIDE BEHAVIORAL HEALTH CRISIS TECHNICAL
ASSISTANCE CENTER. THIS STATEWIDE BEHAVIORAL HEALTH CRISIS TECHNICAL
ASSISTANCE CENTER WILL ASSIST LOCAL GOVERNMENT UNITS IN THEIR EMERGENCY
AND CRISIS SERVICES PLANNING PROCESS UNDER PARAGRAPH SEVENTEEN OF SUBDI-
VISION (A) OF SECTION 41.13 OF THIS CHAPTER. THE STATEWIDE BEHAVIORAL
HEALTH CRISIS TECHNICAL ASSISTANCE CENTER WILL PROVIDE CONTINUING
SUPPORT TO LOCAL GOVERNMENT UNITS AND THEIR CRISIS RESPONSE TEAMS AS
THEY PROVIDE A NON-POLICE, COMMUNITY-RUN PUBLIC HEALTH-BASED RESPONSE
OPERATING UNDER AN APPROVED EMERGENCY AND CRISIS SERVICES PLAN.
§ 9. The mental hygiene law is amended by adding a new section 5.08 to
read as follows:
§ 5.08 STATEWIDE EMERGENCY AND CRISIS RESPONSE COUNCIL.
(A) THERE IS HEREBY CREATED IN THE DEPARTMENT THE STATEWIDE EMERGENCY
AND CRISIS RESPONSE COUNCIL TO WORK IN CONJUNCTION WITH THE COMMISSIONER
OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS TO JOINTLY APPROVE EMERGENCY AND CRISIS SERVICES
PLANS SUBMITTED BY ONE OR MORE LOCAL GOVERNMENT UNITS, AND PROVIDE
SUPPORTS ON MATTERS REGARDING THE OPERATION AND FINANCING OF HIGH-QUALI-
TY EMERGENCY AND CRISIS SERVICES PROVIDED TO PERSONS EXPERIENCING A
MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS.
(B) FOUR MEMBERS OF THE STATE COUNCIL SHALL BE APPOINTED BY THE GOVER-
NOR. SIXTEEN MEMBERS OF THE COUNCIL SHALL BE APPOINTED BY THE STATE
LEGISLATURE, AS FOLLOWS: (1) FOUR MEMBERS SHALL BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY; (2) FOUR MEMBERS SHALL BE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE; (3) ONE MEMBER SHALL BE APPOINTED BY
S. 3007--B 90
THE MINORITY LEADER OF THE ASSEMBLY; (4) ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE; (5) TWO MEMBERS SHALL BE
APPOINTED BY THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON MENTAL HEALTH;
(6) TWO MEMBERS SHALL BE APPOINTED BY THE CHAIRPERSON OF THE SENATE
COMMITTEE ON MENTAL HEALTH; (7) ONE MEMBER SHALL BE APPOINTED BY THE
RANKING MINORITY MEMBER OF THE ASSEMBLY COMMITTEE ON MENTAL HEALTH;
AND (8) ONE MEMBER SHALL BE APPOINTED BY THE RANKING MINORITY MEMBER OF
THE SENATE COMMITTEE ON MENTAL HEALTH. THE MEMBERSHIP SHALL CONSIST OF
AT LEAST FIFTY-ONE PERCENT PEERS AND FAMILY PEERS. THE ENTIRE STATEWIDE
EMERGENCY AND CRISIS RESPONSE COUNCIL SHALL REFLECT THE STATE'S DIVERSI-
TY OF RACE, AGE, LANGUAGE, NATIONAL ORIGIN, ETHNICITY, GEOGRAPHY, AND
DISABILITY. AT LEAST ONE-THIRD OF THE COUNCIL SHALL HAVE DEMONSTRATED
CERTIFICATION, TRAINING, OR EMPLOYMENT IN CULTURALLY COMPETENT RESPONSES
TO MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISES. EVERY PERSON
APPOINTED TO THE COUNCIL SHALL HAVE DEMONSTRATED KNOWLEDGE OF, AND
SKILLS IN, CULTURALLY COMPETENT PROVISION OF TRAUMA-INFORMED MENTAL
HEALTH, ALCOHOL USE, AND SUBSTANCE USE CRISIS RESPONSE SERVICES. EACH
MEMBER OF THE COUNCIL SHALL BE A FAMILY PEER; LICENSED MENTAL HEALTH OR
ADDICTION CLINICIAN; A LICENSED MENTAL HEALTH OR ADDICTION COUNSELOR; A
LICENSED PHYSICIAN, NURSE, OR MENTAL HEALTH OR ADDICTION PROVIDER; A
MENTAL HEALTH OR ADDICTION COUNSELOR; A REPRESENTATIVE OF A NOT-FOR-PRO-
FIT DISABILITY JUSTICE ORGANIZATION; AN EMERGENCY MEDICAL TECHNICIAN; OR
A CRISIS HEALTH CARE WORKER.
(C) THE MEMBERS OF THE COUNCIL, UPON SECURING A QUORUM, SHALL ELECT A
CHAIRPERSON FROM AMONG THE MEMBERS OF THE COUNCIL BY A MAJORITY VOTE OF
THOSE COUNCIL MEMBERS PRESENT.
(D) THE TERM OF OFFICE OF MEMBERS OF THE COUNCIL SHALL BE FOUR YEARS,
EXCEPT THAT OF THOSE MEMBERS FIRST APPOINTED, AT LEAST ONE-HALF BUT NOT
MORE THAN TWO-THIRDS SHALL BE FOR TERMS NOT TO EXCEED TWO YEARS. VACAN-
CIES SHALL BE FILLED BY APPOINTMENT FOR THE REMAINDER OF AN UNEXPIRED
TERM. THE COUNCIL MEMBERS SHALL CONTINUE IN OFFICE UNTIL THE EXPIRATION
OF THEIR TERMS AND UNTIL THEIR SUCCESSORS ARE APPOINTED. NO COUNCIL
MEMBER SHALL BE APPOINTED TO THE COUNCIL FOR MORE THAN FOUR CONSECUTIVE
TERMS.
(E) THE COUNCIL SHALL ADVISE, OVERSEE, ASSIST AND MAKE RECOMMENDATIONS
TO THE COMMISSIONERS ON SPECIFIC POLICIES AND PROCEDURES REGARDING THE
OPERATION AND FINANCING OF EMERGENCY AND CRISIS SERVICES WHICH:
(1) ENSURE A NON-POLICE, TRAUMA-INFORMED, AND PUBLIC HEALTH-BASED
RESPONSE TO ANYONE IN THE STATE EXPERIENCING A MENTAL HEALTH, ALCOHOL
USE, OR SUBSTANCE USE CRISIS;
(2) ARE DESIGNED TO DE-ESCALATE ANY SITUATION INVOLVING INDIVIDUALS
EXPERIENCING A MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS, AND
WHICH ELIMINATE THE USE OF NON-CONSENSUAL TREATMENT, NON-CONSENSUAL
TRANSPORT, AND FORCE;
(3) ENSURE THE MOST APPROPRIATE TREATMENT OF INDIVIDUALS EXPERIENCING
A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE CRISIS;
(4) MAXIMIZE THE USE OF VOLUNTARY ASSESSMENT AND VOLUNTARY REFERRAL OF
INDIVIDUALS EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
CRISIS;
(5) MINIMIZE ARREST AND DETENTION BY LAW ENFORCEMENT AND MINIMIZE
CONTACT WITH THE CRIMINAL LEGAL SYSTEM FOR INDIVIDUALS EXPERIENCING A
MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS;
(6) MINIMIZE PHYSICAL HARM AND TRAUMA FOR INDIVIDUALS WHO EXPERIENCE A
MENTAL HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS; AND
S. 3007--B 91
(7) EFFECTIVELY RESPOND TO ALL INDIVIDUALS EXPERIENCING A MENTAL
HEALTH, ALCOHOL USE, OR SUBSTANCE USE CRISIS WITH CULTURALLY COMPETENT
CARE AND WITHOUT REGARD TO SOURCE OF FUNDING.
(F) THE COUNCIL SHALL ALSO REVIEW EMERGENCY AND CRISIS SERVICES
PROGRAMS AND SYSTEMS OPERATING WITHIN THE STATE OR NATIONALLY, WHICH
COULD BE DEPLOYED IN THIS STATE AS MODEL CRISIS AND EMERGENCY SERVICES
SYSTEMS.
(G) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE,
BUT NO LESS FREQUENTLY THAN FOUR TIMES PER YEAR DURING THE FIRST FOUR
YEARS OF THE COUNCIL'S CREATION, AND TWO TIMES PER YEAR SUBSEQUENTLY
AFTER THE FIRST FOUR YEARS. AT LEAST ONE OF SUCH MEETINGS PER YEAR
SHALL BE HELD IN A MANNER AND AT A TIME DESIGNED TO MAXIMIZE PARTIC-
IPATION OF WORKING MEMBERS OF THE PUBLIC. MEETINGS OF THE COUNCIL SHALL
BE GOVERNED BY THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS
LAW, AND SHALL BE OPEN TO AND ACCESSIBLE BY THE PUBLIC INCLUDING BY
VIDEO CONFERENCE OR COMPUTER TO THE GREATEST EXTENT POSSIBLE.
(H) THE PRESENCE OF TWELVE VOTING MEMBERS OF THE COUNCIL, CONSIST-
ING OF AT LEAST FIFTY-ONE PERCENT OF PEERS AND FAMILY PEERS, SHALL
CONSTITUTE A QUORUM.
(I) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES AS MEMBERS, BUT EACH SHALL BE ALLOWED THE NECESSARY AND
ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS
SECTION, INCLUDING A REASONABLE REIMBURSEMENT RATE FOR TRAVEL, LODG-
ING, AND MEALS WHILE ATTENDING MEETINGS OF THE COUNCIL.
§ 10. Subdivision (a) of section 9.41 of the mental hygiene law, as
amended by section 4 of part AA of chapter 57 of the laws of 2021, is
amended to read as follows:
(a) Any peace officer, when acting pursuant to [his or her] SUCH PEACE
OFFICER'S special duties, or police officer who is a member of the state
police or of an authorized police department or force or of a sheriff's
department may take into custody any person who appears to be [mentally
ill and] EXPERIENCING A MENTAL HEALTH, ALCOHOL USE OR SUBSTANCE USE
CRISIS IN THE FOLLOWING CIRCUMSTANCES:
1. SUCH PERSON is conducting [himself or herself] THEMSELF in a manner
which is likely to result in [serious] AN IMMINENT RISK OF SERIOUS PHYS-
ICAL harm to [the person or] OTHER PERSONS AS MANIFESTED BY HOMICIDAL OR
OTHER VIOLENT BEHAVIOR BY WHICH others ARE PLACED IN REASONABLE FEAR OF
SERIOUS PHYSICAL HARM. Such officer may direct the removal of such
person or remove [him or her] SUCH PERSON to any hospital specified in
subdivision (a) of section 9.39 of this article, or any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 of this article, or pending [his or her] SUCH PERSON'S examination
or admission to any such hospital or COMPREHENSIVE PSYCHIATRIC EMERGENCY
PROGRAM, [program,] temporarily detain any such person in another safe
and comfortable place, in which event, such officer shall immediately
notify:
(I) THE APPROPRIATE LOCAL CRISIS RESPONSE TEAM ESTABLISHED PURSUANT TO
PARAGRAPH SIXTEEN OF SUBDIVISION (A) OF SECTION 41.03 OF THIS CHAPTER,
IF ANY, AND the director of community services or, if there be none, the
health officer of the city or county of such action[.];
(II) THE STATE POLICE, OR THE DEPARTMENT OR FORCE OF WHICH THE OFFICER
IS A MEMBER AND HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY A CRISIS
RESPONSE TEAM UNDER SUBDIVISION SIXTEEN OF SECTION 41.03 OF THIS CHAP-
TER;
S. 3007--B 92
(III) A CRISIS RESPONSE TEAM WHICH IS PRESENT ON THE SCENE WITH THE
OFFICER AND IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE A
REQUEST THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL; OR
2. SUCH PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
RESULT IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
(I) NO CRISIS RESPONSE TEAM HAS BEEN ESTABLISHED IN THE REGION WHERE
THE PERSON IS; OR
(II) THE CRISIS RESPONSE TEAM HAS NOT ARRIVED TO THE PLACE WHERE THE
PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
3. IF A PEACE OFFICER, WHEN ACTING PURSUANT TO SUCH PEACE OFFICER'S
SPECIAL DUTIES, OR A POLICE OFFICER WHO IS A MEMBER OF THE STATE POLICE
OR OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPART-
MENT COMES UPON AN INDIVIDUAL EXPERIENCING A MENTAL HEALTH, ALCOHOL OR
SUBSTANCE USE CRISIS AND THE CIRCUMSTANCES UNDER THIS SECTION HAVE NOT
BEEN MET, THE PROPER CRISIS RESPONSE TEAM SHALL BE NOTIFIED.
§ 11. Section 9.41 of the mental hygiene law, as amended by chapter
843 of the laws of 1980, is amended to read as follows:
§ 9.41 Emergency admissions for immediate observation, care, and treat-
ment; powers of certain peace officers and police officers.
(A) Any peace officer, when acting pursuant to [his] SUCH PEACE OFFI-
CER'S special duties, or A police officer who is a member of the state
police or of an authorized police department or force or of a sheriff's
department may take into custody any person who appears to be [mentally
ill and] EXPERIENCING A MENTAL HEALTH, ALCOHOL OR SUBSTANCE USE CRISIS
IN THE FOLLOWING CIRCUMSTANCES:
1. SUCH PERSON is conducting [himself] THEMSELVES in a manner which is
likely to result in [serious harm to himself or others. "Likelihood to
result in serious harm" shall mean (1) substantial risk of physical harm
to himself as manifested by threats of or attempts at suicide or serious
bodily harm or other conduct demonstrating that he is dangerous to
himself, or (2) a substantial] AN IMMINENT risk of SERIOUS physical harm
to other persons as manifested by homicidal or other violent behavior by
which others are placed in reasonable fear of serious physical harm.
Such officer may direct the removal of such person or remove [him] SUCH
PERSON to any hospital specified in subdivision (a) of section 9.39 OF
THIS ARTICLE or, COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM SPECIFIED
IN SUBDIVISION (A) OF SECTION 9.40 OF THIS ARTICLE, OR pending [his]
THEIR examination or admission to any such hospital OR COMPREHENSIVE
PSYCHIATRIC EMERGENCY PROGRAM, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify:
(I) THE APPROPRIATE LOCAL CRISIS RESPONSE TEAM ESTABLISHED PURSUANT TO
PARAGRAPH SIXTEEN OF SUBDIVISION (A) OF SECTION 41.03 OF THIS CHAPTER,
IF ANY, AND the director of community services or, if there be none, the
health officer of the city or county of such action[.];
(II) THE STATE POLICE, DEPARTMENT, OR FORCE OF WHICH THE OFFICER IS A
MEMBER HAS BEEN REQUESTED OR DIRECTED TO RESPOND BY A CRISIS RESPONSE
TEAM AS SET FORTH IN SUBDIVISION SIXTEEN OF SECTION 41.03 OF THIS CHAP-
TER;
(III) A CRISIS RESPONSE TEAM WHICH IS PRESENT ON THE SCENE WITH THE
OFFICER IS INCAPACITATED OR OTHERWISE UNABLE TO COMMUNICATE A REQUEST
THAT THE OFFICER TAKE CUSTODY OF THE INDIVIDUAL; OR
S. 3007--B 93
2. SUCH PERSON IS CONDUCTING THEMSELVES IN A MANNER WHICH IS LIKELY TO
RESULT IN IMMINENT SERIOUS PHYSICAL HARM TO THEMSELVES AS MANIFESTED BY
THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM, AND EITHER:
(I) NO CRISIS RESPONSE TEAM HAS BEEN ESTABLISHED IN THE REGION WHERE
THE PERSON IS; OR
(II) THE CRISIS RESPONSE TEAM DID NOT ARRIVE TO THE PLACE WHERE THE
PERSON IS LOCATED, AND TAKING THE PERSON IS NECESSARY TO PREVENT SUCH
PERSON FROM EXPERIENCING SERIOUS PHYSICAL INJURY OR DEATH.
(B) SUCH OFFICER MAY DIRECT THE REMOVAL OF SUCH PERSON OR REMOVE SUCH
PERSON TO ANY HOSPITAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF
THIS ARTICLE OR, PENDING THEIR EXAMINATION OR ADMISSION TO ANY SUCH
HOSPITAL, TEMPORARILY DETAIN ANY SUCH PERSON IN ANOTHER SAFE AND
COMFORTABLE PLACE, IN WHICH EVENT, SUCH OFFICER SHALL IMMEDIATELY NOTIFY
APPROPRIATE EMERGENCY AND CRISIS RESPONSE SERVICES AND THE DIRECTOR OF
COMMUNITY SERVICES OR, IF THERE BE NONE, THE HEALTH OFFICER OF THE CITY
OR COUNTY OF SUCH ACTION.
3. IF A PEACE OFFICER, WHEN ACTING PURSUANT TO SUCH PEACE OFFICER'S
SPECIAL DUTIES, OR A POLICE OFFICER WHO IS A MEMBER OF THE STATE POLICE
OR OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPART-
MENT COMES UPON AN INDIVIDUAL EXPERIENCING A MENTAL HEALTH, ALCOHOL OR
SUBSTANCE USE CRISIS AND THE CIRCUMSTANCES UNDER THIS SECTION HAVE NOT
BEEN MET, THE PROPER CRISIS RESPONSE TEAM SHALL BE NOTIFIED.
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the amendments to subdivision (a) of section 9.41 of the
mental hygiene law made by section ten of this act shall be subject to
the expiration and reversion of such section pursuant to section 21 of
chapter 723 of the laws of 1989, as amended, when upon such date the
provisions of section eleven of this act shall take effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.
PART MM
Section 1. The title heading of title 5 of article 41 of the public
health law, as amended by chapter 436 of the laws of 1967, is amended to
read as follows:
[REGISTRATION OF FETAL DEATHS] REPORTING OF PREGNANCY LOSS
§ 2. Section 4160 of the public health law, as amended by chapter 436
of the laws of 1967, subdivision 2 as amended and subdivisions 4 and 5
as added by chapter 809 of the laws of 1987 and subdivision 3 as amended
by chapter 552 of the laws of 2011, is amended to read as follows:
§ 4160. [Fetal deaths; registration] PREGNANCY LOSS; REPORTING. 1.
[Fetal death] PREGNANCY LOSS is defined as [death prior to the complete
expulsion or extraction from its mother of a product of conception; the
death is indicated by the fact that after such separation, the fetus
does not breathe or show any other evidence of life such as beating of
the heart, pulsation of the umbilical cord, or definite movement of
voluntary muscles] THE LOSS OF A PREGNANCY AT ANY GESTATION, AS
CONFIRMED BY A HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE EIGHT OF
THE EDUCATION LAW AND ACTING WITHIN SUCH HEALTH CARE PROVIDER'S SCOPE OF
PRACTICE, INCLUDING SPONTANEOUS MISCARRIAGE, STILL BIRTH, OR ANY TERMI-
NATION OF PREGNANCY WHICH IS CONSISTENT WITH THE REQUIREMENTS OF ARTICLE
TWENTY-FIVE-A OF THIS CHAPTER.
S. 3007--B 94
2. A PREGNANCY LOSS CAUSED BY SPONTANEOUS MISCARRIAGE OR STILL BIRTH
SHALL BE REGISTERED WITHIN SEVENTY-TWO HOURS OF THE PREGNANCY LOSS BY
ELECTRONICALLY FILING DIRECTLY WITH THE DEPARTMENT OF HEALTH, A REPORT
OF SUCH LOSS.
3. A [fetal death] PREGNANCY LOSS DUE TO AN INDUCED TERMINATION OF
PREGNANCY shall be registered within seventy-two hours [after expulsion
of such fetus] OF SUCH PREGNANCY LOSS IF THE INDIVIDUAL EXPERIENCING THE
PREGNANCY LOSS REQUESTS SUCH REGISTRATION TO FACILITATE DISPOSITION OF
THE PRODUCTS OF CONCEPTION IN ACCORDANCE WITH SECTION FORTY-ONE HUNDRED
SIXTY-TWO OF THIS TITLE, by filing directly with the [commissioner]
DEPARTMENT OF HEALTH, a [certificate] REPORT of such [death] LOSS. [In
addition, a] SUCH report [of fetal death] shall be [reported] LIMITED to
the [registrar in the district in which the fetal death occurred] INFOR-
MATION STRICTLY NECESSARY TO FACILITATE DISPOSITION.
[3. For the purposes of this article, a fetal death shall be consid-
ered as a birth and as a death except that, for a fetal death, separate
birth and death certificates shall not be required to be prepared and
recorded, except as provided in section forty-one hundred sixty-a of
this title.
4. Local registrars of each district in which fetal death certificates
were filed prior to the effective date of this subdivision shall dispose
of such certificates in the manner prescribed by the commissioner.
5.] 4. Notwithstanding any other provision of this chapter, the
disclosure of information filed pursuant to this section shall be limit-
ed to the [mother] INDIVIDUAL WHO EXPERIENCED THE PREGNANCY LOSS, [her]
SUCH INDIVIDUAL'S lawful representative and to authorized personnel of
the department. NOTHING IN THIS SECTION SHALL PROHIBIT DISCLOSURE OF
DEIDENTIFIED INFORMATION IN COMPLIANCE WITH FEDERAL REPORTING REQUIRE-
MENTS.
§ 3. Subdivision 3 of section 4160 of the public health law, as
amended by section two of this act, is amended to read as follows:
3. A pregnancy loss due to an induced termination of pregnancy shall
be registered within seventy-two hours of such pregnancy loss if the
individual experiencing the pregnancy loss requests such registration to
facilitate disposition of the products of conception in accordance with
section forty-one hundred sixty-two of this title, by ELECTRONICALLY
filing directly with the department of health, a report of such loss.
Such report shall be limited to the information strictly necessary to
facilitate disposition.
§ 4. Section 4160-a of the public health law, as added by chapter 552
of the laws of 2011, is amended to read as follows:
§ 4160-a. Certificate of still birth. 1. The department, or in the
city of New York, the [board] NEW YORK CITY DEPARTMENT of health AND
MENTAL HYGIENE, shall establish a certificate of still birth. [The
registrar with whom a fetal death certificate is filed] THE DEPARTMENT,
OR IN THE CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE, shall issue a certificate of still birth [to the parent
or parents named on a fetal death certificate issued in the case of a
stillbirth,] upon the request of such parent or parents WHO EXPERIENCED
THE STILL BIRTH. If both parents are deceased at the time of the
[stillbirth] STILL BIRTH, the [registrar] DEPARTMENT, OR IN THE CITY OF
NEW YORK, THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE
shall issue the certificate to, and upon the request of, THE LAWFUL
ESTATE REPRESENTATIVE, the sibling, parent, or parents of the [birth]
parents.
S. 3007--B 95
2. A certificate issued pursuant to this section shall include such
appropriate information as shall be determined by the department or if
the stillbirth occurred in the city of New York, by the [board] NEW YORK
CITY DEPARTMENT of health AND MENTAL HYGIENE, and shall be on a form
established by the department or [city of] New York [board] CITY DEPART-
MENT of health AND MENTAL HYGIENE which is similar, as applicable, to
the form of a certificate prescribed by section forty-one hundred thirty
of this article relating to a live birth. THE DEPARTMENT, OR IN THE
CITY OF NEW YORK, THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, SHALL PROVIDE FOR THE SUBMISSION OF SUCH FORM THROUGH ELECTRON-
IC MEANS.
3. [A person who prepares a fetal death certificate pursuant to
section forty-one hundred sixty of this title or, if the stillbirth
occurred in the city of New York, pursuant to the New York City health
code, or their designee, shall inform,] THE PROVIDER ATTENDING THE STILL
BIRTH OR SUCH PROVIDER'S DESIGNEE SHALL INFORM THE PARENTS in writing,
[the parent or parents of a stillborn fetus] of the right to receive a
certificate of still birth. Provided, however that if both parents are
deceased at the time of such stillbirth, then the person shall so inform
the LAWFUL ESTATE REPRESENTATIVE, sibling, parent or parents of the
[birth] parent or parents.
4. The person who prepares a REQUEST FOR A certificate pursuant to
this section shall include thereon the name given to the stillborn fetus
by the parents, if the parent or parents wish to include such name on
such certificate.
5. A certificate issued pursuant to this section shall not constitute
proof of a live birth. Furthermore, such certificate shall not be used
to calculate live birth statistics.
6. Notwithstanding any other provision of this chapter, the parent or
parents may elect to have the disclosure of and access to the informa-
tion included on such certificate limited to the parents named on the
certificate, their lawful representatives, to authorized personnel of
the department, [and to the registrar] OR, IN THE CITY OF NEW YORK,
PERSONNEL OF THE NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE.
7. For the purposes of this section, the term "stillbirth" shall mean
the [unintended] intrauterine death of a fetus that occurs after the
clinical estimate of the twentieth week of gestation.
8. A certificate of still birth may be requested and issued regardless
of the date on which the [fetal death] PREGNANCY LOSS certificate was
issued.
9. The [registrar] DEPARTMENT, OR IN THE CITY OF NEW YORK, THE NEW
YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE may charge a fee for
the issuance of a certificate under this section equal to the fee
authorized by law for the certification of a birth or death.
10. This section shall apply to the city of New York, notwithstanding
section forty-one hundred four of this article. [For the purposes of
this section, in relation to the city of New York, the term "registrar"
shall mean the official of the city of New York with whom fetal death
certificates are filed.]
§ 5. Section 4161 of the public health law, as amended by chapter 436
of the laws of 1967, the section heading and subdivisions 2 and 3 as
amended by chapter 153 of the laws of 2011, subdivisions 1 and 4 as
amended by chapter 352 of the laws of 2013, is amended to read as
follows:
§ 4161. [Fetal death] PREGNANCY LOSS certificates; form and content;
[physicians, nurse practitioners, midwives, and hospital administrators]
S. 3007--B 96
HEALTH CARE PROFESSIONALS AND HOSPITAL ADMINISTRATORS. 1. The certif-
icate of [fetal death] ON;PREGNANCY LOSS and the report of [fetal death]
PREGNANCY LOSS shall contain such information and be in such form as the
commissioner may prescribe; provided however that commencing on or after
the implementation date under section forty-one hundred forty-eight of
this article, information and signatures required by this subdivision
shall be obtained and made in accordance with section forty-one hundred
forty-eight of this article, except that unless requested by the [woman]
INDIVIDUAL WHO EXPERIENCED THE PREGNANCY LOSS neither the certificate
nor the report of [fetal death] PREGNANCY LOSS shall contain the name of
the [woman] INDIVIDUAL, [her] SUCH INDIVIDUAL'S social security number
or any other information, ALONE OR IN COMBINATION, which would permit
[her] SUCH INDIVIDUAL to be identified except as provided in this subdi-
vision. The report shall state that a certificate of [fetal death] PREG-
NANCY LOSS was filed with the commissioner and the date of such filing.
[The commissioner shall develop a unique, confidential identifier to be
used on the certificate of fetal death to be used in connection with the
exercise of the commissioner's authority to monitor the quality of care
provided by any individual or entity licensed to perform an abortion in
this state and to permit coordination of data concerning the medical
history of the woman for purposes of conducting surveillance scientific
studies and research pursuant to the provisions of paragraph (j) of
subdivision one of section two hundred six of this chapter.]
2. In each case where a [physician or nurse practitioner] HEALTH CARE
PROVIDER LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW AND
ACTING WITHIN THE SCOPE OF SUCH HEALTH CARE PROVIDER'S PRACTICE was in
attendance at or after a [fetal death] PREGNANCY LOSS, it is the duty of
such [physician or nurse practitioner] HEALTH CARE PROVIDER to certify
[to] the [birth and to the cause of death on the fetal death] PREGNANCY
LOSS certificate. [Where a nurse-midwife was in attendance at a fetal
death it is the duty of such nurse-midwife to certify to the birth but,
he or she shall not certify to the cause of death on the fetal death
certificate.]
3. [Fetal deaths] PREGNANCY LOSSES occurring without the attendance of
a [physician or nurse practitioner] HEALTH CARE PROVIDER as provided in
subdivision two of this section shall be treated as [deaths] OCCURRING
without medical attendance, as provided in this article.
4. When a [fetal death] PREGNANCY LOSS occurs in a hospital, except in
those cases where certificates are issued by coroners or medical examin-
ers, the person in charge of such hospital or [his or her] SUCH PERSON'S
designated representative shall ENSURE THAT THE CERTIFICATE IS promptly
[present the certificate to the physician or nurse practitioner in
attendance, or a physician or nurse practitioner acting in his or her
behalf, who shall promptly certify to the facts of birth and of fetal
death, provide the medical information required by the certificate, sign
the medical certificate of birth and death, and thereupon return such
certificate to such person, so that the seventy-two hour registration
time limit prescribed in section four thousand one hundred sixty of this
title can be met; provided, however that commencing on or after the
implementation date under section forty-one hundred forty-eight of this
article, information and signatures required by this subdivision shall
be obtained and made in accordance with section forty-one hundred
forty-eight of this article] PREPARED IN ACCORDANCE WITH THE PROVISIONS
OF THIS ARTICLE AND REGULATIONS AS PROMULGATED BY THE COMMISSIONER.
§ 6. Section 4163 of the public health law, as added by chapter 589 of
the laws of 1991, is amended to read as follows:
S. 3007--B 97
§ 4163. Penalties. Any person who shall release information which
might disclose the identity of the [woman] PREGNANT PERSON in connection
with a certificate of [fetal death] PREGNANCY LOSS or report of [fetal
death] PREGNANCY LOSS in violation of the provisions of this title shall
be subject to a civil penalty not to exceed five thousand dollars for
each such release. Such penalty may be recovered in the same manner as
the penalty provided in section twelve of this chapter.
§ 7. Section 4162 of the public health law, as amended by chapter 809
of the laws of 1987, is amended to read as follows:
§ 4162. [Fetal deaths] PRODUCTS OF CONCEPTION; burial and removal;
permits. 1. [A] UPON REQUEST A permit shall be [required] ISSUED for
the removal, transportation, burial or other disposition of [remains
resulting from a fetal death, other than fetal tissue, hydatidiform mole
or other evidence of pregnancy recovered by curettage or operative
procedures or other products of conception of under twenty weeks uterog-
estation] PRODUCTS OF CONCEPTION.
2. Such permit shall be issued by the local registrar of the district
in which the [fetal death] PREGNANCY LOSS occurred upon [presentation]
REQUEST by the funeral director [of a report of fetal death] SEEKING TO
TAKE POSSESSION OF THE PRODUCTS OF CONCEPTION, on the form prescribed by
the commissioner. The issuance of such permit shall be subject to the
provisions of title IV of this article.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however that the amendments to subdivision 2 of section 4160 of the
public health law made by section two of this act shall expire and be
deemed repealed September 30, 2026, when upon such date the provisions
of section three of this act shall take effect.
PART NN
Section 1. The public health law is amended by adding a new article
25-AA to read as follows:
ARTICLE 25-AA
NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM ACT
SECTION 2599-BB-10. POLICY AND PURPOSE.
2599-BB-11. DEFINITIONS.
2599-BB-12. ESTABLISHMENT OF THE NEW YORK STATE ABORTION CLIN-
ICAL TRAINING PROGRAM.
2599-BB-13. REPORTING.
§ 2599-BB-10. POLICY AND PURPOSE. 1. NEW YORK HAS LONG HELD THAT
COMPREHENSIVE REPRODUCTIVE HEALTH CARE IS A FUNDAMENTAL COMPONENT OF
EVERY INDIVIDUAL'S HEALTH, PRIVACY AND EQUALITY, AND THAT ACCESS TO
REPRODUCTIVE HEALTH CARE SERVICES IS INTEGRAL TO THEIR ABILITY TO CHOOSE
TO CARRY A PREGNANCY TO TERM, TO GIVE BIRTH TO A CHILD, OR TO HAVE AN
ABORTION.
2. ABORTION CARE IS PROVIDED IN HOSPITALS, CLINICS, AND PRIVATE
MEDICAL PRACTICES ACROSS THE STATE, WITH A MAJORITY OF THIS CARE DELIV-
ERED BY COMMUNITY-BASED PROVIDERS. HOWEVER, GROWING MATERNAL HEALTH CARE
DESERTS HAVE MADE IT DIFFICULT FOR INDIVIDUALS TO ACCESS THIS VITAL FORM
OF CARE. THE NEED FOR ABORTION CARE CONTINUES TO INCREASE WHILE THE
NUMBER OF PROVIDERS TRAINED TO PERFORM THESE SERVICES IS DECLINING.
ALTHOUGH THERE ARE COMMUNITY-BASED ABORTION FACILITIES IN EVERY REGION
OF THE STATE, ONLY SEVEN OUT OF TEN REGIONS HAVE COMMUNITY-BASED FACILI-
TIES THAT PERFORM ABORTION CARE BEYOND FIFTEEN WEEKS OF PREGNANCY. IN
THREE REGIONS, ONLY TWO FACILITIES PROVIDE ABORTION CARE UP TO TWENTY
S. 3007--B 98
WEEKS OF PREGNANCY. THIS HAS RESULTED IN PREGNANT PEOPLE HAVING TO TRAV-
EL FURTHER, AND IN SOME CASES OUT OF STATE, TO ACCESS CARE, ESPECIALLY
LATER IN PREGNANCY.
3. WHILE ANY PHYSICIAN AND HEALTH CARE PRACTITIONER LICENSED BY THE
STATE WITH ABORTION IN THEIR SCOPE OF PRACTICE IS AUTHORIZED TO PROVIDE
THIS CARE UNDER LAW, THERE IS NO STRUCTURED TRAINING PROGRAM AVAILABLE
TO THEM FOR THIS PURPOSE.
4. NEW YORK IS IN A STRONG POSITION TO ADDRESS THE TRAINING NEEDS OF
THESE INDIVIDUALS BY ESTABLISHING A STATEWIDE ABORTION CLINICAL TRAINING
PROGRAM. THERE ARE MULTIPLE ABORTION PROVIDERS WHO ARE EXPERIENCED,
UTILIZE INNOVATIVE ABORTION CARE PROCEDURES, AND INTERESTED IN TRAINING
THEIR PEERS BUT REQUIRE FUNDING TO DO SO.
5. IT IS THE PURPOSE OF THIS ARTICLE TO CREATE NEW TRAINING OPPORTU-
NITIES FOR NEW YORK HEALTH CARE PRACTITIONERS IN THE DELIVERY OF
ABORTION CARE THROUGH SUCH A PROGRAM, THEREBY PROTECTING EVERY INDIVID-
UAL'S RIGHT TO HEALTH, PRIVACY AND EQUALITY.
§ 2599-BB-11. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "ABORTION" SHALL MEAN THE TERMINATION OF A PREGNANCY PURSUANT TO
SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER.
2. "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO THE
PROVISION OF ABORTION PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-
NINE-BB OF THIS CHAPTER.
3. "HEALTH CARE PRACTITIONER" SHALL MEAN ANY HEALTH CARE PRACTITIONER
AUTHORIZED TO PROVIDE HEALTH CARE SERVICES PURSUANT TO SECTION TWENTY-
FIVE HUNDRED NINETY-NINE-BB OF THIS CHAPTER OR AN INTERN OR RESIDENT WHO
IS EMPLOYED BY A HOSPITAL OR OTHERWISE ENROLLED IN AN ACCREDITED GRADU-
ATE MEDICAL EDUCATION PROGRAM.
4. "PROFESSIONAL EDUCATORS" SHALL MEAN ORGANIZATIONS PROVIDING REPRO-
DUCTIVE HEALTH CARE, CONTINUING EDUCATION PROGRAMS FOR QUALIFIED PROVID-
ERS THROUGH PROFESSIONAL ASSOCIATIONS OR CLINICAL EDUCATION PROGRAMS
THAT MEET PROFESSIONALLY RECOGNIZED TRAINING STANDARDS.
§ 2599-BB-12. ESTABLISHMENT OF THE NEW YORK STATE ABORTION CLINICAL
TRAINING PROGRAM. 1. (A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPART-
MENT THE NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM FOR THE
PURPOSE OF TRAINING HEALTH CARE PRACTITIONERS IN THE PERFORMANCE OF
ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. THE COMMISSIONER
IN CONSULTATION WITH THE STATE EDUCATION DEPARTMENT, SHALL ADOPT A
COMPREHENSIVE CURRICULUM AND COMPETENCY BASED-STANDARDS FOR THE TRAINING
OF HEALTH CARE PRACTITIONERS IN THE PERFORMANCE OF A FULL RANGE OF
ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES. SUCH CURRICULUM
AND STANDARDS SHALL BE CONSISTENT WITH EVIDENCE-BASED TRAINING METHODS
AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) COUNSELING AND INFORMED CONSENT;
(II) MISCARRIAGE MANAGEMENT;
(III) PATIENT-CENTERED CARE;
(IV) PRE-ABORTION EVALUATION;
(V) CONTRACEPTION AND AFTERCARE;
(VI) TELEHEALTH DELIVERY;
(VII) PROCEDURAL ABORTION;
(VIII) MEDICATION ABORTION; AND
(IX) POTENTIAL COMPLICATIONS AND REQUIRED CARE.
(B) THE COMMISSIONER SHALL UPDATE THE ADOPTED CURRICULUM AND STANDARDS
AT LEAST EVERY FIVE YEARS.
(C) THE COMMISSIONER SHALL CONSULT A RANGE OF EXPERTS, INCLUDING, BUT
NOT LIMITED TO, INDIVIDUALS AND ENTITIES PROVIDING ABORTION CARE,
S. 3007--B 99
ABORTION FUNDS, AND OTHER ORGANIZATIONS WHOSE MISSION IS TO EXPAND
ACCESS TO ABORTION CARE, TO ENSURE THE PROGRAM STRUCTURE REFLECTS THE
NEEDS OF ABORTION PROVIDERS, ABORTION FUNDS AND CONSUMERS IN DEVELOPING
THE INITIAL CURRICULUM AND STANDARDS AND ALL SUBSEQUENT UPDATES.
(D) FOR PROFESSIONAL EDUCATORS CURRENTLY OPERATING AN ABORTION CLIN-
ICAL TRAINING PROGRAM WITHIN THE STATE AND SELECTED BY THE DEPARTMENT TO
FACILITATE TRAINING THROUGH THE PROGRAM, THE COMMISSIONER SHALL APPROVE
THE EXISTING CURRICULUM FOR USE IN THE NEW YORK STATE ABORTION CLINICAL
TRAINING PROGRAM SO LONG AS THE CURRICULUM MEETS ADOPTED STATEWIDE STAN-
DARDS.
3. (A) THE COMMISSIONER IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH
PROFESSIONAL EDUCATORS TO FACILITATE CLINICAL TRAINING RELATED TO
ABORTION CARE AND OTHER RELATED REPRODUCTIVE HEALTH SERVICES AT A MINI-
MUM OF FOUR SITES ACROSS THE STATE. IN ENTERING SUCH AGREEMENTS, THE
COMMISSIONER SHALL CONSIDER ORGANIZATIONS THAT:
(I) COMPLY WITH APPLICABLE STATE LAWS AND REGULATIONS;
(II) ARE CAPABLE OF PROVIDING CULTURALLY CONGRUENT CARE AND IMPLICIT
BIAS TRAINING;
(III) HAVE DEMONSTRATED EXPERIENCE IN COORDINATING ABORTION CARE
TRAINING PROGRAMS; AND
(IV) HAVE SUFFICIENT PATIENT VOLUME TO ACCOMMODATE TRAINING NEED.
(B) PROFESSIONAL EDUCATORS SHALL NOT BE REQUIRED TO PROVIDE TRAINING
IN ALL AREAS OF THE APPROVED CURRICULUM, PROVIDED, HOWEVER, SPECIAL
CONSIDERATION SHALL BE GIVEN TO PROFESSIONAL EDUCATORS WHO HAVE THE
CAPABILITY TO PROVIDE THE FULL RANGE OF ABORTION CARE AND RELATED REPRO-
DUCTIVE HEALTH CARE SERVICES.
(C) THE COMMISSIONER MAY ENGAGE THE SERVICES OF A CONSULTANT ON A
CONTRACT BASIS TO SUPPORT THE ADMINISTRATION AND OPERATION OF THE
PROGRAM. SUCH CONSULTANT SHALL BE A PROFESSIONAL EDUCATOR THAT HAS THE
DEMONSTRATED ABILITY TO PROVIDE PROGRAMMATIC OVERSIGHT ON A STATEWIDE
LEVEL INCLUDING, BUT NOT LIMITED TO CANDIDATE SELECTION AND SCREENING,
AND ADHERENCE TO THE APPROVED CURRICULUM AND CLINICAL STANDARDS.
(D) EACH PROFESSIONAL EDUCATOR RECEIVING FUNDING PURSUANT TO THIS
PARAGRAPH SHALL SUBMIT A WRITTEN CERTIFICATION IN SUCH FORM AND AT SUCH
TIME AS THE COMMISSIONER SHALL PRESCRIBE, ATTESTING HOW ANY AWARD MADE
WAS USED TO SUPPORT TRAINING HEALTH CARE PRACTITIONERS IN THE PERFORM-
ANCE OF ABORTION AND RELATED REPRODUCTIVE HEALTH CARE SERVICES INCLUD-
ING, BUT NOT LIMITED TO THE NUMBER OF HEALTH CARE PRACTITIONERS SELECTED
FOR TRAINING; THE NUMBER OF HEALTH CARE PRACTITIONERS COMPLETING THE
TRAINING; AND THE AREAS OF THE STATE SERVED BY THE HEALTH CARE PRACTI-
TIONERS SELECTED.
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER SHALL BE AUTHORIZED TO RECOUP ANY AWARD MADE AND DETER-
MINED TO HAVE BEEN USED IN A MANNER INCONSISTENT WITH THE PURPOSES OF
THE ABORTION CLINICAL TRAINING PROGRAM. THE COMMISSIONER IS AUTHORIZED
TO EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH FUNDS, INCLUDING AN OFFSET
OF OTHER FUNDS THAT ARE OWED TO SUCH PROFESSIONAL EDUCATOR.
4. THE COMMISSIONER SHALL PRIORITIZE ELIGIBLE HEALTH CARE PRACTITION-
ERS WHO WILL PROVIDE ABORTION AND RELATED REPRODUCTIVE HEALTH CARE
SERVICES TO UNDERSERVED COMMUNITIES IN THE STATE TO RECEIVE TRAINING.
5. THE COMMISSIONER SHALL AWARD AND DISTRIBUTE GRANTS TO ADDRESS PRAC-
TICAL SUPPORT NEEDS OF ELIGIBLE HEALTH CARE PROVIDERS. FUNDS MAY BE
AWARDED TO SUPPORT AN ELIGIBLE HEALTH CARE PRACTITIONER IN OBTAINING
CLINICAL EDUCATION ON ABORTION CARE AND OTHER REPRODUCTIVE HEALTH
SERVICES, INCLUDING, BUT NOT LIMITED TO, FINANCIAL SUPPORT FOR TRAVEL
AND LODGING ASSOCIATED WITH ATTENDING THE PROGRAM.
S. 3007--B 100
6. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS ARE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT
ABORTION TRAINING THAT OCCURS WITHIN NEW YORK STATE SEPARATE AND APART
FROM THE NEW YORK STATE ABORTION CLINICAL TRAINING PROGRAM.
§ 2599-BB-13. REPORTING. THE COMMISSIONER SHALL SUBMIT A REPORT NO
LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION AND
ANNUALLY THEREAFTER, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY, WHICH SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE TOTAL AMOUNT OF GRANTS ISSUED, THE NUMBER OF ELIGIBLE
PARTICIPANTS, THE NUMBER OF ELIGIBLE PROVIDERS, AND THE REGION OF THE
STATE WHERE THE ELIGIBLE PROVIDERS ARE LOCATED. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE COMMISSIONER SHALL NOT REPORT ANY IDENTIFY-
ING INFORMATION OF ELIGIBLE PARTICIPANTS IN THE PROGRAM.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART OO
Section 1. The insurance law is amended by adding a new section 3217-k
to read as follows:
§ 3217-K. PRIMARY CARE SPENDING. (A) DEFINITIONS. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(1) "OVERALL HEALTHCARE SPENDING" MEANS THE TOTAL COST OF CARE FOR THE
PATIENT POPULATION OF A PAYOR OR PROVIDER ENTITY FOR A GIVEN CALENDAR
YEAR, WHERE COST IS CALCULATED FOR SUCH YEAR AS THE SUM OF (A) ALL
CLAIMS-BASED SPENDING PAID TO PROVIDERS BY PUBLIC AND PRIVATE PAYORS AND
(B) ALL NON-CLAIM PAYMENTS FOR SUCH YEAR, INCLUDING, BUT NOT LIMITED TO,
INCENTIVE PAYMENTS AND CARE COORDINATION PAYMENTS.
(2) "PLAN OR PAYOR" MEANS EVERY INSURANCE ENTITY PROVIDING MANAGED
CARE PRODUCTS, INDIVIDUAL COMPREHENSIVE ACCIDENT AND HEALTH INSURANCE OR
GROUP OR BLANKET COMPREHENSIVE ACCIDENT AND HEALTH INSURANCE, AS DEFINED
IN THIS CHAPTER, CORPORATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS
CHAPTER PROVIDING COMPREHENSIVE HEALTH INSURANCE, ENTITY LICENSED UNDER
ARTICLE FORTY-FOUR OF THIS CHAPTER PROVIDING COMPREHENSIVE HEALTH INSUR-
ANCE, EVERY OTHER PLAN OVER WHICH THE DEPARTMENT HAS JURISDICTION, AND
EVERY THIRD-PARTY PAYOR PROVIDING HEALTH COVERAGE.
(3) "PRIMARY CARE" MEANS INTEGRATED, ACCESSIBLE HEALTHCARE, PROVIDED
BY CLINICIANS ACCOUNTABLE FOR ADDRESSING MOST OF A PATIENT'S HEALTHCARE
NEEDS INCLUDING (A) DEVELOPING A SUSTAINED PARTNERSHIP WITH PATIENTS;
(B) PRACTICING IN THE CONTEXT OF FAMILY AND COMMUNITY; AND (C) COORDI-
NATING PATIENTS' CARE, WHICH FOR THE PURPOSES OF THIS SECTION SHALL ONLY
INCLUDE CARE COORDINATION EFFORTS UNDERTAKEN BY THE CLINICIANS RENDERING
HEALTHCARE SERVICES TO A PATIENT AND SHALL NOT INCLUDE SEPARATE CARE
COORDINATION ACTIVITIES UNDERTAKEN BY A PAYOR.
(4) "PRIMARY CARE SERVICES" MEANS SERVICES PROVIDED IN AN OUTPATIENT,
NON-EMERGENCY SETTING BY OR UNDER THE SUPERVISION OF A PHYSICIAN, NURSE
PRACTITIONER, PHYSICIAN ASSISTANT, OR MIDWIFE, WHO IS PRACTICING GENERAL
PRIMARY CARE IN THE FOLLOWING FIELDS, INCLUDING AS EVIDENCED BY BILLING
AND REPORTING CODES: FAMILY PRACTICE; GENERAL PEDIATRICS; PRIMARY CARE
INTERNAL MEDICINE; PRIMARY CARE OBSTETRICS; OR PRIMARY CARE GYNECOLOGY.
BEHAVIORAL OR MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES ARE
INCLUDED IN PRIMARY CARE SERVICES WHEN INTEGRATED INTO A PRIMARY CARE
SETTING, INCLUDING WHEN PROVIDED BY A BEHAVIORAL HEALTHCARE PSYCHIA-
TRIST, SOCIAL WORKER OR PSYCHOLOGIST. PRIMARY CARE SERVICES SHALL NOT
INCLUDE INPATIENT SERVICES, EMERGENCY DEPARTMENT SERVICES, AMBULATORY
S. 3007--B 101
SURGICAL CENTER SERVICES, OR SERVICES PROVIDED IN AN URGENT CARE SETTING
THAT ARE BILLED WITH NON-PRIMARY CARE BILLING AND REPORTING CODES.
(5) "PRIMARY CARE SPENDING" MEANS ANY EXPENDITURE OF FUNDS MADE BY
THIRD PARTY PAYORS, PUBLIC ENTITIES, OR THE STATE, FOR THE PURPOSE OF
PAYING FOR PRIMARY CARE SERVICES DIRECTLY OR PAYING TO IMPROVE THE
DELIVERY OF PRIMARY CARE. PRIMARY CARE SPENDING INCLUDES ALL PAYMENT
METHODS, SUCH AS FEE-FOR-SERVICE, CAPITATION, INCENTIVES, VALUE-BASED
PAYMENTS OR OTHER METHODOLOGIES, AND ALL NON-CLAIM PAYMENTS INCLUDING
BUT NOT LIMITED TO INCENTIVE PAYMENTS AND CARE COORDINATION PAYMENTS.
FOR PAYEES THAT OWN AND/OR OPERATE FACILITIES, ENTITIES, OR OTHER
PROVIDERS, SUCH AS HEALTH SYSTEMS OR HOSPITAL SYSTEMS, THAT PROVIDE
OTHER MEDICAL SERVICES IN ADDITION TO PRIMARY CARE, ONLY THOSE FUNDS
THAT ARE SEPARATELY DOCUMENTED AS FUNDS DESIGNATED FOR PRIMARY CARE
SERVICES SHALL BE CONSIDERED PRIMARY CARE SPENDING. ANY SPENDING SHALL
BE ADJUSTED APPROPRIATELY TO EXCLUDE ANY PORTION OF THE EXPENDITURE THAT
IS REASONABLY ATTRIBUTED TO INPATIENT SERVICES OR OTHER NON-PRIMARY CARE
SERVICES.
(B) REPORTING. (1) BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-SIX,
EACH PLAN OR PAYOR AS DEFINED IN THIS SECTION SHALL ANNUALLY REPORT TO
THE DEPARTMENT THE PERCENTAGE OF THE PLAN OR PAYOR'S OVERALL ANNUAL
HEALTHCARE SPENDING THAT CONSTITUTED PRIMARY CARE SPENDING.
(2) NOTHING HEREIN SHALL REQUIRE ANY PLAN OR PAYOR TO REPORT OR
PUBLICLY DISCLOSE ANY SPECIFIC RATES OF REIMBURSEMENT FOR ANY SPECIFIC
PRIMARY CARE SERVICES.
(3) NO PLAN OR PAYOR SHALL REQUIRE ANY HEALTHCARE PROVIDER TO PROVIDE
ADDITIONAL DATA OR INFORMATION IN ORDER TO FULFILL THIS REPORTING
REQUIREMENT.
(C) REGULATION AND PUBLICATION. (1) THE COMMISSIONER OF HEALTH AND THE
SUPERINTENDENT SHALL EACH PROMULGATE CONSISTENT REGULATIONS TO CARRY OUT
THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT LIMITED TO SETTING
DEADLINES FOR THE REPORTING REQUIRED IN THIS SECTION, AND ADOPTING
FURTHER SPECIFIC DEFINITIONS OF THE PRIMARY CARE SERVICES FOR WHICH
COSTS MUST BE REPORTED UNDER THIS SECTION, INCLUDING SPECIFIC BILLING
AND REPORTING CODES.
(2) THE DEPARTMENT OF HEALTH AND THE DEPARTMENT SHALL TOGETHER PROVIDE
AN ANNUAL REPORT TO THE LEGISLATURE WITH A SUMMARY OF THE PRIMARY CARE
SPENDING DATA REQUIRED IN THIS SECTION, AND SHALL ALSO MAKE THE REPORT
PUBLICLY AVAILABLE ON BOTH AGENCIES' WEBSITES, NO LATER THAN THREE
MONTHS AFTER THE DATA HAS BEEN COLLECTED. THE FIRST ANNUAL REPORT SHALL
PROVIDE THE SPENDING INFORMATION WITHOUT IDENTIFYING ANY INDIVIDUAL
PAYOR OR PLAN'S PRIMARY CARE SPENDING. EACH YEAR THEREAFTER, THE REPORT
SPENDING DATA SHALL BE PUBLISHED INCLUDING INFORMATION SPECIFIC TO EACH
PLAN OR PAYOR.
(D) PRIMARY CARE SPENDING. (1) BEGINNING ON APRIL FIRST, TWO THOUSAND
TWENTY-SEVEN, EACH PLAN OR PAYOR THAT REPORTS LESS THAN TWELVE AND ONE-
HALF PERCENT OF ITS TOTAL EXPENDITURES ON PHYSICAL AND MENTAL HEALTH IS
PRIMARY CARE SPENDING, AS DEFINED BY THIS SECTION, SHALL ADDITIONALLY
SUBMIT TO THE SUPERINTENDENT A PLAN TO INCREASE PRIMARY CARE SPENDING AS
A PERCENTAGE OF ITS TOTAL OVERALL HEALTHCARE SPENDING BY AT LEAST ONE
PERCENT EACH YEAR. BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-EIGHT
AND ON APRIL FIRST OF EVERY SUBSEQUENT YEAR AFTER SUCH PLAN HAS BEEN
SUBMITTED, AND UNTIL SUCH TIME AS THE PLAN OR PAYOR'S REPORTED PRIMARY
CARE SPENDING IS EQUAL TO OR MORE THAN TWELVE AND ONE-HALF PERCENT OF
THAT PLAN OR PAYOR'S OVERALL HEALTHCARE SPENDING, THE PLAN OR PAYOR'S
ANNUAL REPORTING SHALL INCLUDE INFORMATION REGARDING STEPS THAT HAVE
BEEN TAKEN TO INCREASE ITS PROPORTION OF PRIMARY CARE SPENDING.
S. 3007--B 102
(2) THE COMMISSIONER OF HEALTH AND THE SUPERINTENDENT MAY JOINTLY
ISSUE GUIDELINES OR PROMULGATE REGULATIONS REGARDING THE AREAS ON WHICH
PRIMARY CARE SPENDING COULD BE INCREASED, INCLUDING BUT NOT LIMITED TO:
(A) REIMBURSEMENT;
(B) CAPACITY-BUILDING, TECHNICAL ASSISTANCE AND TRAINING;
(C) UPGRADING TECHNOLOGY, INCLUDING ELECTRONIC HEALTH RECORD SYSTEMS
AND TELEHEALTH CAPABILITIES;
(D) INCENTIVE PAYMENTS, INCLUDING BUT NOT LIMITED TO PER-MEMBER-PER-
MONTH, VALUE-BASED-PAYMENT ARRANGEMENTS, SHARED SAVINGS, QUALITY-BASED
PAYMENTS, RISK-BASED PAYMENTS; AND
(E) TRANSITIONING TO VALUE-BASED-PAYMENT ARRANGEMENTS.
(E) LIMITS ON PREMIUM INCREASES. PLANS OR PAYORS SHALL ADOPT STRATE-
GIES THAT IMPROVE VALUE AND QUALITY OF CARE AND SHIFT CURRENT SPENDING
WITHOUT INCREASING TOTAL MEDICAL EXPENDITURES. SPENDING SHIFTS RESULTING
FROM COMPLIANCE WITH THIS SECTION SHALL NOT RESULT IN HIGHER PREMIUMS OR
COST-SHARING REQUIREMENTS FOR INSURED INDIVIDUALS.
§ 2. The social services law is amended by adding a new section 368-g
to read as follows:
§ 368-G. PRIMARY CARE SPENDING. 1. DEFINITIONS. AS USED IN THIS
SECTION THE TERMS "OVERALL HEALTHCARE SPENDING", "PLAN OR PAYOR",
"PRIMARY CARE", "PRIMARY CARE SERVICES" AND "PRIMARY CARE SPENDING"
SHALL HAVE THE SAME MEANINGS AS SUCH TERMS ARE DEFINED IN SECTION THIR-
TY-TWO HUNDRED SEVENTEEN-K OF THE INSURANCE LAW.
2. REPORTING. (A) BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-SIX,
EACH MEDICAID MANAGED CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-
FOUR-J OF THIS TITLE AND ANY PAYOR THAT PROVIDES COVERAGE THROUGH MEDI-
CAID FEE-FOR-SERVICE, AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDI-
VISION THIRTY-EIGHT OF SECTION TWO OF THIS CHAPTER, SHALL ANNUALLY
REPORT TO THE DEPARTMENT THE PERCENTAGE OF THE PROVIDER'S OVERALL ANNUAL
HEALTHCARE SPENDING THAT CONSTITUTED PRIMARY CARE SPENDING.
(B) NOTHING HEREIN SHALL REQUIRE ANY MEDICAID MANAGED CARE PROVIDER TO
REPORT OR PUBLICLY DISCLOSE ANY SPECIFIC RATES OF REIMBURSEMENT FOR ANY
SPECIFIC PRIMARY CARE SERVICES.
(C) NO MEDICAID MANAGED CARE PROVIDER SHALL REQUIRE ANY HEALTHCARE
PROVIDER TO PROVIDE ADDITIONAL DATA OR INFORMATION IN ORDER TO FULFILL
THIS REPORTING REQUIREMENT.
3. PRIMARY CARE SPENDING. (A) BEGINNING ON APRIL FIRST, TWO THOUSAND
TWENTY-SEVEN, AND IN EACH SUBSEQUENT YEAR, EACH MEDICAID MANAGED CARE
PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE AND ANY
PAYOR THAT PROVIDES COVERAGE THROUGH MEDICAID FEE-FOR-SERVICE, AS SUCH
TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVISION THIRTY-EIGHT OF SECTION
TWO OF THIS CHAPTER, THAT REPORTS LESS THAN TWELVE AND ONE-HALF PERCENT
OF ITS TOTAL EXPENDITURES ON PHYSICAL AND MENTAL HEALTH ARE ON PRIMARY
CARE SPENDING SHALL ADDITIONALLY SUBMIT TO THE COMMISSIONER A PLAN TO
INCREASE PRIMARY CARE SPENDING AS A PERCENTAGE OF ITS TOTAL OVERALL
HEALTHCARE SPENDING BY AT LEAST ONE PERCENT EACH YEAR. BEGINNING ON
APRIL FIRST, TWO THOUSAND TWENTY-EIGHT, AND IN EACH SUBSEQUENT YEAR
THEREAFTER, UNTIL TWELVE AND ONE-HALF PERCENT OF THAT PROVIDER OR
PAYOR'S EXPENDITURES ARE ON PRIMARY CARE SPENDING, THE PAYOR OR PROVID-
ER'S ANNUAL REPORTING UNDER THIS SECTION SHALL INCLUDE INFORMATION ON
STEPS THAT HAVE BEEN TAKEN TO INCREASE THEIR PROPORTION OF PRIMARY CARE
SPENDING.
(B) THE COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES MAY
JOINTLY ISSUE GUIDELINES OR PROMULGATE REGULATIONS REGARDING THE AREAS
ON WHICH SPENDING COULD BE INCREASED, INCLUDING BUT NOT LIMITED TO:
(I) REIMBURSEMENT;
S. 3007--B 103
(II) CAPACITY-BUILDING, TECHNICAL ASSISTANCE AND TRAINING;
(III) UPGRADING TECHNOLOGY, INCLUDING ELECTRONIC HEALTH RECORD SYSTEMS
AND TELEHEALTH CAPABILITIES;
(IV) INCENTIVE PAYMENTS, INCLUDING BUT NOT LIMITED TO PER-MEMBER-PER-
MONTH, VALUE-BASED-PAYMENT ARRANGEMENTS, SHARED SAVINGS, QUALITY-BASED
PAYMENTS, RISK-BASED PAYMENTS; AND
(V) TRANSITIONING TO VALUE-BASED-PAYMENT ARRANGEMENTS.
(C) THE PROVISIONS OF THIS SECTION ARE SUBJECT TO COMPLIANCE WITH ALL
APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS, INCLUDING THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES APPROVED MEDICAID STATE PLAN. TO THE
EXTENT REQUIRED BY FEDERAL LAW, THE COMMISSIONER SHALL SEEK ANY FEDERAL
APPROVALS NECESSARY TO IMPLEMENT THIS SECTION, INCLUDING, BUT NOT LIMIT-
ED TO, ANY STATE-DIRECTED PAYMENTS, PERMISSIONS, STATE PLAN AMENDMENTS
OR FEDERAL WAIVERS BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
SERVICES. THE COMMISSIONER MAY ALSO APPLY FOR APPROPRIATE WAIVERS OR
STATE DIRECTED PAYMENTS UNDER FEDERAL LAW AND REGULATION OR TAKE OTHER
ACTIONS TO SECURE FEDERAL FINANCIAL PARTICIPATION TO ASSIST IN PROMOTING
THE OBJECTIVES OF THIS SECTION.
4. LIMITS ON COST INCREASES. PLANS OR PAYORS SHALL ADOPT STRATEGIES
THAT IMPROVE VALUE AND QUALITY OF CARE AND SHIFT CURRENT SPENDING WITH-
OUT INCREASING TOTAL MEDICAL EXPENDITURES.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART PP
Section 1. Paragraph (c) of subdivision 2 of section 365-a of the
social services law, as amended by section 12-a of part C of chapter 60
of the laws of 2014, is amended to read as follows:
(c) out-patient hospital or clinic services in facilities operated in
compliance with applicable provisions of this chapter, the public health
law, the mental hygiene law and other laws, including any provisions
thereof requiring an operating certificate or license, including facili-
ties authorized by the appropriate licensing authority to provide inte-
grated mental health services, and/or [alcoholism and] substance [abuse]
USE DISORDER services, and/or physical health services, and/or services
to persons with developmental disabilities, when such services are
provided at a single location or service site, or where such facilities
are not conveniently accessible, in any hospital located within the
state and care and services in a day treatment program operated by the
department of mental hygiene or by a voluntary agency under an agreement
with such department in that part of a public institution operated and
approved pursuant to law as an intermediate care facility for persons
with developmental disabilities; and provided, that the commissioners of
health, mental health, [alcoholism] ADDICTION SERVICES and [substance
abuse services] SUPPORTS and the office for people with developmental
disabilities may issue regulations, including emergency regulations
promulgated prior to October first, two thousand fifteen that are
required to facilitate the establishment of integrated services clinics.
Any such regulations promulgated under this paragraph shall be described
in the annual report required pursuant to section forty-five-c of part A
of chapter fifty-six of the laws of two thousand thirteen. SUCH
SERVICES SHALL INCLUDE THOSE PROVIDED BY CERTIFIED RECOVERY PEER ADVO-
CATES WHEN PROVIDED BY PROGRAMS CERTIFIED, LICENSED OR OTHERWISE AUTHOR-
IZED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
S. 3007--B 104
§ 2. Paragraph (n) of subdivision 2 of section 365-a of the social
services law, as amended by chapter 558 of the laws of 1999, is relet-
tered paragraph (n-1) and amended to read as follows:
(n-1) care, treatment, maintenance and rehabilitation services that
would otherwise qualify for reimbursement pursuant to this chapter to
persons suffering from [alcoholism in alcoholism facilities or chemical
dependence] SUBSTANCE USE DISORDER, as such term is defined in section
1.03 of the mental hygiene law, in inpatient [chemical dependence]
facilities, services, or programs operated in compliance with applicable
provisions of this chapter and the mental hygiene law, and certified by
the office of [alcoholism] ADDICTION SERVICES and [substance abuse
services] SUPPORTS, provided however that such services shall be limited
to such periods of time as may be determined necessary in accordance
with a utilization review procedure established by the commissioner of
the office of [alcoholism] ADDICTION SERVICES and [substance abuse
services] SUPPORTS and provided further, that this paragraph shall not
apply to any hospital or part of a hospital as defined in section two
thousand eight hundred one of the public health law. SUCH SERVICES
SHALL INCLUDE THOSE PROVIDED BY CERTIFIED RECOVERY PEER ADVOCATES WHEN
PROVIDED BY PROGRAMS CERTIFIED, LICENSED OR OTHERWISE AUTHORIZED BY THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART QQ
Section 1. The public health law is amended by adding a new section
507 to read as follows:
§ 507. DRUG CHECKING SERVICES PROGRAM. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ENHANCED DRUG CHECKING SERVICES" MEANS THE UTILIZATION OF ALL
FORMS OF DRUG TESTING EQUIPMENT INCLUDING COMPLEX TECHNOLOGY OR EQUIP-
MENT DESIGNED TO ANALYZE SUBSTANCES AND PROVIDE RESULTS AT POINT OF
TESTING OR POINT OF CARE, WHICH MAY INCLUDE BUT IS NOT LIMITED TO, CHEM-
ICAL SCREENING DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, RAMAN SPEC-
TROPHOTOMETERS, OR ION MOBILITY SPECTROMETERS.
(B) "PUBLIC HEALTH SURVEILLANCE" MEANS THE CONTINUOUS AND SYSTEMATIC
COLLECTION, ANALYSIS, AND INTERPRETATION OF DATA NEEDED FOR THE PLAN-
NING, IMPLEMENTATION, AND EVALUATION OF PUBLIC HEALTH INITIATIVES.
PUBLIC HEALTH SURVEILLANCE MAY BE USED FOR THE FOLLOWING PURPOSES:
(I) AS AN EARLY WARNING SYSTEM FOR IMPENDING PUBLIC HEALTH EMERGEN-
CIES;
(II) TO DOCUMENT THE IMPACT OF AN INTERVENTION;
(III) TO TRACK PROGRESS TOWARDS SPECIFIC GOALS;
(IV) TO MONITOR AND CLARIFY THE EPIDEMIOLOGY OF HEALTH OUTCOMES; AND
(V) TO INFORM THE PUBLIC HEALTH POLICY AND PRACTICES.
2. THE DEPARTMENT SHALL:
(A) ESTABLISH A PROGRAM TO AUTHORIZE A COUNTY OR MUNICIPALITY OR OTHER
ENTITY TO PROVIDE ENHANCED DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS
IN DETERMINING WHETHER A DRUG OR CONTROLLED SUBSTANCE CONTAINS CONTAM-
INANTS, TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS; AND
(B) ESTABLISH PUBLIC HEALTH SURVEILLANCE OF THE UNREGULATED DRUG
SUPPLY TO MONITOR TRENDS AND THE IMPACT ON HEALTH OUTCOMES AND INCREASE
PUBLIC AWARENESS OF NEW SUBSTANCES IN THE UNREGULATED DRUG SUPPLY.
S. 3007--B 105
3. ENHANCED DRUG CHECKING SERVICES PROGRAMS SHALL FOLLOW ALL POLICIES
ESTABLISHED BY THE DEPARTMENT AND SUBMIT DATA IN ACCORDANCE WITH POLI-
CIES ESTABLISHED BY THE DEPARTMENT.
4. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES TO:
(A) AUTHORIZE ENHANCED DRUG CHECKING SERVICE DELIVERY;
(B) UTILIZE ENHANCED DRUG CHECKING TECHNOLOGY FOR PUBLIC HEALTH
SURVEILLANCE;
(C) DEVELOP REQUIREMENTS FOR TECHNICIAN TRAINING TO ENSURE ACCURATE
POINT-OF-TESTING AND POINT-OF-CARE RESULTS;
(D) IDENTIFY APPROPRIATE EQUIPMENT TO USE; AND
(E) ESTABLISH REPORTING PROCESSES.
5. EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT, DIREC-
TORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF AN ENTITY
PROVIDING DRUG CHECKING SERVICES, OWNERS OF PROPERTIES WHERE DRUG CHECK-
ING SERVICES OCCUR, COUNTIES, MUNICIPALITIES, OR OTHER ENTITIES AUTHOR-
IZED BY THE DEPARTMENT, AND INDIVIDUALS PRESENTING DRUGS OR SUBSTANCES
FOR CHECKING, ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT OR ENGAGED IN
GOOD FAITH IN THE PROVISION OF ENHANCED DRUG CHECKING SERVICES, IN
ACCORDANCE WITH ESTABLISHED PROTOCOLS, SHALL NOT BE SUBJECT TO:
(A) ARREST, CHARGES, OR PROSECUTION PURSUANT TO ARTICLE THIRTY-THREE
OF THIS CHAPTER OR ANY VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPT-
ING, AIDING AND ABETTING, OR CONSPIRACY TO COMMIT A VIOLATION OR MISDE-
MEANOR PURSUANT TO ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW; OR
(B) A CIVIL OR ADMINISTRATIVE PENALTY OR LIABILITY OF ANY KIND, OR
DISCIPLINARY ACTION BY A PROFESSIONAL LICENSING BOARD, FOR CONDUCT
RELATING TO THE PROVISION OF AUTHORIZED DRUG CHECKING SERVICES UNLESS
SUCH CONDUCT WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
6. THE DEPARTMENT AND ENTITIES AUTHORIZED BY THE DEPARTMENT SHALL NOT
COLLECT, MAINTAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO
AN INDIVIDUAL FROM WHOM THE DEPARTMENT OR OTHER AUTHORIZED ENTITY
RECEIVES ANY DRUG OR SUBSTANCE FOR CHECKING OR DISPOSAL.
7. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT OR AN AUTHOR-
IZED ENTITY IN RELATION TO ANY DRUG OR SUBSTANCE PRESENTED FOR CHECKING
SHALL NOT BE ADMISSIBLE AS EVIDENCE IN ANY CRIMINAL OR CIVIL PROCEEDINGS
AGAINST THE INDIVIDUAL FROM WHOM THE DRUG OR SUBSTANCE WAS RECEIVED,
UNLESS SUBMITTED BY SUCH INDIVIDUAL.
8. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
§ 2. Paragraph (c) of subdivision 1 of section 3305 of the public
health law, as amended by chapter 547 of the laws of 1981, is amended,
paragraph (d) is relettered paragraph (e), and a new paragraph (d) is
added to read as follows:
(c) to temporary incidental possession by employees or agents of
persons lawfully entitled to possession, or by persons whose possession
is for the purpose of aiding public officers in performing their offi-
cial duties[.]; OR
(D) TO EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT,
DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF AN ENTITY
PROVIDING DRUG CHECKING SERVICES AUTHORIZED UNDER SECTION FIVE HUNDRED
SEVEN OF THIS CHAPTER, OWNERS OF PROPERTIES WHERE SUCH AUTHORIZED DRUG
CHECKING SERVICES OCCUR, COUNTIES, MUNICIPALITIES, OR OTHER ENTITIES
AUTHORIZED BY THE DEPARTMENT, AND INDIVIDUALS PRESENTING DRUGS OR
SUBSTANCES FOR CHECKING, ACTING IN THE COURSE AND SCOPE OF EMPLOYMENT OR
ENGAGED IN GOOD FAITH IN THE PROVISION OF AUTHORIZED DRUG CHECKING
SERVICES, IN ACCORDANCE WITH ESTABLISHED PROTOCOLS; OR
S. 3007--B 106
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART RR
Section 1. The public health law is amended by adding a new section
2557-a to read as follows:
§ 2557-A. EARLY INTERVENTION PROGRAM REVIEW. 1. THE COMMISSIONER SHALL
CONDUCT A COMPREHENSIVE STUDY AND REVIEW OF THE EARLY INTERVENTION
PROGRAM INCLUDING THE MODELS OF SERVICE DELIVERY AND THE RATES OF
REIMBURSEMENT FOR EACH SUCH SERVICE AND MODEL MADE THROUGH THE EARLY
INTERVENTION PROGRAM FOR EFFICACY, ADEQUACY AND EFFECTIVENESS OF SERVICE
DELIVERY AND THE FULL IMPLEMENTATION OF INDIVIDUALIZED FAMILY SERVICE
PLANS. THE REVIEW SHALL INCLUDE:
(A) A COMPREHENSIVE ASSESSMENT OF THE EXISTING METHODOLOGY USED TO
DETERMINE PAYMENT FOR EARLY INTERVENTION SCREENINGS, EVALUATIONS,
SERVICES AND SERVICE COORDINATION, INCLUDING BUT NOT LIMITED TO:
(I) ANALYSIS OF EARLY INTERVENTION RULES, REGULATIONS, AND POLICIES,
INCLUDING POLICIES, PROCESSES, AND REVENUE SOURCES;
(II) ANALYSIS OF COSTS TO PROVIDERS PARTICIPATING IN THE EARLY INTER-
VENTION PROGRAM, INCLUDING TIME AND COST OF TRAVEL, SERVICE PROVISION,
AND ADMINISTRATIVE ACTIVITIES; AND
(III) ANALYSIS BY DISCIPLINE AND LABOR REGION OF SALARY LEVELS FOR
INDIVIDUALS PROVIDING EARLY INTERVENTION SERVICES COMPARED TO THE SALARY
LEVELS FOR INDIVIDUALS IN THE SAME DISCIPLINES AND LABOR REGIONS PROVID-
ING SERVICES OTHER THAN IN THE EARLY INTERVENTION PROGRAM;
(B) RECOMMENDATIONS FOR MAINTAINING OR CHANGING REIMBURSEMENT METHOD-
OLOGIES. RECOMMENDATIONS UNDER THIS PARAGRAPH SHALL BE CONSISTENT WITH
FEDERAL LAW AND SHALL INCLUDE RECOMMENDATIONS FOR APPROPRIATE CHANGES IN
STATE LAW AND REGULATIONS. THE RECOMMENDATIONS SHALL CONSIDER APPROPRI-
ATE PAYMENT METHODOLOGIES AND RATES FOR IN-PERSON AND TELEHEALTH EARLY
INTERVENTION EVALUATIONS AND SERVICES TO ADDRESS BARRIERS IN TIMELY
SERVICE PROVISION AS WELL AS RACIAL AND SOCIOECONOMIC DISPARITIES IN
ACCESS, WITH CONSIDERATION OF FACTORS INCLUDING, BUT NOT LIMITED TO,
PAYMENT FOR BILINGUAL SERVICES, TRAVEL TIME, GEOGRAPHIC VARIABILITY,
ACCESS TO AND COST OF TECHNOLOGY, COST OF LIVING, AND OTHER BARRIERS TO
TIMELY SERVICE PROVISION;
(C) THE PROJECTED NUMBER OF CHILDREN WHO WILL NEED EARLY INTERVENTION
SERVICES IN THE NEXT FIVE YEARS DISAGGREGATED BY COUNTY;
(D) THE WORKFORCE NEEDED TO PROVIDE SERVICES IN THE NEXT FIVE YEARS TO
ALL CHILDREN ELIGIBLE FOR EARLY INTERVENTION SERVICES, DISAGGREGATED BY
COUNTY; AND
(E) OPPORTUNITIES FOR STAKEHOLDER INPUT ON CURRENT RATE METHODOLOGIES.
2. SUCH REVIEW SHALL ALSO INCLUDE AN ASSESSMENT OF THE EFFICACY OF
PROGRAM MODELS FOR THE PROVISION OF EARLY INTERVENTION SERVICES, INCLUD-
ING, BUT NOT LIMITED TO GROUP SERVICES, INDIVIDUAL SERVICES, FACILITY
BASED SERVICES AND HOME-BASED SERVICES AND THE CONFIGURATIONS OF SUCH
SERVICE MODELS. SUCH REVIEW SHALL INCLUDE A COMPREHENSIVE ASSESSMENT OF
THE UTILIZATION OF EACH MODEL AND CONFIGURATION, INCLUDING BARRIERS TO
FULLER UTILIZATIONS, AND UTILIZATION DISAGGREGATED BY CLINICAL SERVICE.
3. WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
COMMISSIONER SHALL SUBMIT A REPORT OF THE FINDINGS AND RECOMMENDATIONS
UNDER THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
S. 3007--B 107
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE CHAIRS OF THE SENATE AND
ASSEMBLY COMMITTEES ON HEALTH, AND SHALL POST THE REPORT ON THE DEPART-
MENT'S WEBSITE.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART SS
Section 1. Paragraph (gg) of subdivision 2 of section 365-a of the
social services law, as amended by chapter 97 of the laws of 2022, is
amended to read as follows:
(gg) care and services provided by mental health counselors [and],
marriage and family therapists, AND CREATIVE ARTS THERAPISTS licensed
pursuant to article one hundred sixty-three of the education law acting
within their scope of practice, where such services would otherwise be
covered under this title. Nothing in this paragraph shall be construed
to modify or expand the scope of practice of a mental health counselor
[or], marriage and family therapist, OR CREATIVE ARTS THERAPIST licensed
pursuant to article one hundred sixty-three of the education law.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART TT
Section 1. The public health law is amended by adding two new sections
2999-k and 2999-l to read as follows:
§ 2999-K. MEDICAL INDEMNITY FUND OMBUDSPERSON. 1. THERE IS HEREBY
ESTABLISHED AN OFFICE OF THE STATE MEDICAL INDEMNITY FUND OMBUDSPERSON
FOR THE PURPOSE OF RECEIVING AND RESOLVING COMPLAINTS AFFECTING QUALI-
FIED PLAINTIFFS, WHERE APPROPRIATE, REFERRING SUCH COMPLAINTS TO THE
APPROPRIATE AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES. THE
COMMISSIONER SHALL APPOINT A FULL-TIME MEDICAL INDEMNITY FUND OMBUDSPER-
SON TO ADMINISTER AND SUPERVISE THE OFFICE OF THE STATE MEDICAL INDEM-
NITY FUND OMBUDSPERSON. THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL
BE SELECTED FROM AMONG INDIVIDUALS WITH EXPERTISE AND EXPERIENCE IN THE
FIELD OF NEUROLOGICAL INJURIES AND ADVOCACY, AND WITH SUCH OTHER QUALI-
FICATIONS AS SHALL BE DETERMINED BY THE COMMISSIONER. SUCH OMBUDSPERSON
MAY, WITH APPROVAL OF THE COMMISSIONER, APPOINT ONE OR MORE AUTHORIZED
DEPUTIES TO ASSIST IN THEIR DUTIES PURSUANT TO THIS SECTION; PROVIDED,
HOWEVER, THAT NO SUCH DEPUTY SHALL HAVE ANY CONFLICT OF INTEREST, OR BE
EMPLOYED BY THE FUND ADMINISTRATOR OR OTHER PARTY INVOLVED IN THE
MANAGEMENT OF THE FUND. THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL,
PERSONALLY OR THROUGH AUTHORIZED DEPUTIES:
(A) IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY OR
ON BEHALF OF QUALIFIED PLAINTIFFS, AND THAT RELATE TO ACTIONS, INACTIONS
OR DECISIONS THAT MAY ADVERSELY AFFECT THE HEALTH, SAFETY, WELFARE OR
RIGHTS OF QUALIFIED PLAINTIFFS;
(B) PROVIDE SERVICES TO ASSIST QUALIFIED PLAINTIFFS, OR THEIR REPRE-
SENTATIVES, IN NAVIGATING THE FUND AND UNDERSTANDING THE FUND'S REGU-
LATIONS, GUIDELINES AND PROCEDURES;
(C) INFORM QUALIFIED PLAINTIFFS, OR THEIR REPRESENTATIVES, OF THEIR
RIGHTS AND MEANS OF OBTAINING THE SERVICES, SUPPLIES AND MODIFICATIONS
TO WHICH THEY ARE ENTITLED;
(D) ANALYZE AND MONITOR IMPLEMENTATION OF THE LAWS AND REGULATIONS
RELATING TO THE FUND; AND
S. 3007--B 108
(E) CARRY OUT OTHER SUCH ACTIVITIES AS THE COMMISSIONER SHALL DETER-
MINE APPROPRIATE.
2. NEITHER THE MEDICAL INDEMNITY FUND OMBUDSPERSON, NOR ANY OF THEIR
DEPUTIES SHALL DISCLOSE TO ANY PERSON OUTSIDE THE OFFICE OF THE STATE
MEDICAL INDEMNITY FUND OMBUDSPERSON ANY INFORMATION OBTAINED FROM A
QUALIFIED PLAINTIFF'S RECORDS WITHOUT THE CONSENT OF THE QUALIFIED
PLAINTIFF OR THEIR REPRESENTATIVE.
3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY
THEREAFTER, THE MEDICAL INDEMNITY FUND OMBUDSPERSON SHALL SUBMIT TO THE
COMMISSIONER, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
THE SENATE, A REPORT WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, A
DETAILED SUMMARY OF THE ACTIVITIES OF THE OFFICE OF THE STATE MEDICAL
INDEMNITY FUND OMBUDSPERSON, DATA REGARDING THE COMPLAINTS AND ISSUES
WITHIN THE FUND, THE PROCESS USED IN RESOLVING ISSUES, AND RECOMMENDA-
TIONS FOR LEGISLATIVE OR REGULATORY AMENDMENTS TO IMPROVE THE FUND.
§ 2999-L. MEDICAL INDEMNITY FUND ADVISORY PANEL. THERE IS HEREBY
ESTABLISHED AN ADVISORY PANEL TO BE COMPRISED OF THE COMMISSIONER, QUAL-
IFIED PLAINTIFFS OR REPRESENTATIVES OF QUALIFIED PLAINTIFFS, PHYSICIANS,
MEDICAL SUPPLIERS, ADVOCATES AND OTHER INTERESTED PARTIES. THE ADVISORY
PANEL SHALL BE CHAIRED BY THE COMMISSIONER AND SHALL BE COMPOSED OF NOT
LESS THAN NINE ADDITIONAL MEMBERS APPOINTED BY THE GOVERNOR, OF WHICH
TWO SHALL BE APPOINTED UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
THE SENATE AND TWO SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
SPEAKER OF THE ASSEMBLY. THE ADVISORY PANEL SHALL MEET BIANNUALLY, WITH
THE FIRST MEETING OCCURRING WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFEC-
TIVE DATE OF THIS SECTION, TO DISCUSS THE FUNCTIONING OF THE FUND AND
ANY RELEVANT ISSUES. THE COMMISSIONER SHALL CONSIDER THE INPUT AND
COMMENTS OF THE ADVISORY PANEL IN DRAFTING AND AMENDING REGULATIONS,
GUIDELINES OR POLICIES PERTAINING TO THE FUND ADMINISTRATION.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART UU
Section 1. Subdivision 1 of section 2999-dd of the public health law,
as amended by section 2 of part V of chapter 57 of the laws of 2022, is
amended to read as follows:
1. Health care services delivered by means of telehealth shall be
entitled to reimbursement under section three hundred sixty-seven-u of
the social services law on the same basis, at the same rate, and to the
same extent the equivalent services, as may be defined in regulations
promulgated by the commissioner, are reimbursed when delivered in
person; provided, however, that health care services delivered by means
of telehealth shall not require reimbursement to a telehealth provider
for certain costs, including but not limited to facility fees or costs
reimbursed through ambulatory patient groups or other clinic reimburse-
ment methodologies set forth in section twenty-eight hundred seven of
this chapter, if such costs were not incurred in the provision of tele-
health services due to neither the originating site nor the distant site
occurring within a facility or other clinic setting; and further
provided, however, reimbursement for additional modalities, provider
categories and originating sites specified in accordance with section
twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
S. 3007--B 109
phone communication defined in regulations promulgated pursuant to
subdivision four of section twenty-nine hundred ninety-nine-cc of this
article, shall be contingent upon federal financial participation.
Notwithstanding the provisions of this subdivision, for services
licensed, certified or otherwise authorized pursuant to article sixteen,
article thirty-one or article thirty-two of the mental hygiene law, AND
FOR ANY SERVICES DELIVERED THROUGH A FACILITY LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER THAT IS ELIGIBLE TO BE DESIGNATED OR HAS
RECEIVED A DESIGNATION AS A FEDERALLY QUALIFIED HEALTH CENTER IN ACCORD-
ANCE WITH 42 USC § 1396A(AA), AS AMENDED, OR ANY SUCCESSOR LAW THERETO,
INCLUDING THOSE FACILITIES THAT ARE ALSO LICENSED UNDER ARTICLE THIRTY-
ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW, such services
provided by telehealth[, as deemed appropriate by the relevant commis-
sioner,] shall be reimbursed at the applicable in person rates or fees
established by law, or otherwise established or certified by the office
for people with developmental disabilities, office of mental health, or
the office of addiction services and supports pursuant to article
forty-three of the mental hygiene law.
§ 2. Section 7 of part V of chapter 57 of the laws of 2022, amending
the public health law and the insurance law relating to reimbursement
for commercial and Medicaid services provided via telehealth, as amended
by section 5 of part B of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, this act shall expire and be deemed repealed on and after April
1, [2026] 2028.
§ 3. This act shall take effect immediately; provided however, that
the provisions of section one of this act shall take effect April 1,
2026; provided further, however, that the amendments to subdivision 1 of
section 2999-dd of the public health law made by section one of this act
shall not affect the expiration of such subdivision and shall expire and
be deemed repealed therewith.
PART VV
Section 1. Subdivision 3 of section 364-j of the social services law
is amended by adding a new paragraph (d-4) to read as follows:
(D-4) SERVICES PROVIDED IN SCHOOL-BASED HEALTH CENTERS SHALL NOT BE
PROVIDED TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS
ESTABLISHED PURSUANT TO THIS SECTION AND SHALL CONTINUE TO BE PROVIDED
OUTSIDE OF MANAGED CARE PROGRAMS.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the amendments to section 364-j of the social services law
made by this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
PART WW
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (f-1) to read as follows:
(F-1) INCLUDING BUT NOT LIMITED TO DENTAL IMPLANTS, IMPLANT-RELATED
SERVICES, DENTAL PROSTHETIC APPLIANCES, REPLACEMENT DENTAL PROSTHETIC
APPLIANCES, CROWNS AND ROOT CANALS FOR POSTERIOR AND ANTERIOR TEETH,
S. 3007--B 110
CROWN LENGTHENING WHEN ASSOCIATED WITH A COVERED CROWN AND/OR ROOT CANAL
IF A QUALIFIED DENTIST AUTHORIZES THE PROCEDURES;
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART XX
Section 1. Section 2 of chapter 769 of the laws of 2023, amending the
public health law relating to the adult cystic fibrosis assistance
program, as amended by section 14 of part B of chapter 57 of the laws of
2024, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire March 31,
[2025] 2030 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART YY
Section 1. Paragraph (c) of subdivision 5-a of section 2807-m of the
public health law, as amended by section 6 of part C of chapter 57 of
the laws of 2023, is amended to read as follows:
(c) Physician AND DENTIST loan repayment program. One million nine
hundred sixty thousand dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, one
million nine hundred sixty thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, one million nine hundred sixty thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten, four hundred ninety thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, one million seven hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, up to one million seven hundred five
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen, up
to one million seven hundred five thousand dollars each state fiscal
year for the period April first, two thousand seventeen through March
thirty-first, two thousand twenty, up to one million seven hundred five
thousand dollars each state fiscal year for the period April first, two
thousand twenty through March thirty-first, two thousand twenty-three,
and up to one million seven hundred five thousand dollars each state
fiscal year for the period April first, two thousand twenty-three
through March thirty-first, two thousand twenty-six, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
purposes of physician AND DENTIST loan repayment in accordance with
subdivision ten of this section. Notwithstanding any contrary provision
of this section, sections one hundred twelve and one hundred sixty-three
of the state finance law, or any other contrary provision of law, such
funding shall be allocated regionally with one-third of available funds
going to New York city and two-thirds of available funds going to the
rest of the state and shall be distributed in a manner to be determined
by the commissioner without a competitive bid or request for proposal
process as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
S. 3007--B 111
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians OR DENTISTS who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner,
including but not limited to physicians OR DENTISTS working in general
hospitals, or other health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians OR DENTISTS identi-
fied by general hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
§ 2. Paragraph (d) of subdivision 5-a of section 2807-m of the public
health law, as amended by section 6 of part C of chapter 57 of the laws
of 2023, is amended to read as follows:
(d) Physician AND DENTIST practice support. Four million nine hundred
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, four million nine
hundred thousand dollars annually for the period January first, two
thousand nine through December thirty-first, two thousand ten, one
million two hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, four million three hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, up to four million three hundred sixty
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen, up
to four million three hundred sixty thousand dollars for each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, up to four million three
hundred sixty thousand dollars for each fiscal year for the period April
first, two thousand twenty through March thirty-first, two thousand
twenty-three, and up to four million three hundred sixty thousand
dollars for each fiscal year for the period April first, two thousand
twenty-three through March thirty-first, two thousand twenty-six, shall
be set aside and reserved by the commissioner from the regional pools
established pursuant to subdivision two of this section and shall be
available for purposes of physician AND DENTIST practice support.
Notwithstanding any contrary provision of this section, sections one
hundred twelve and one hundred sixty-three of the state finance law, or
any other contrary provision of law, such funding shall be allocated
regionally with one-third of available funds going to New York city and
two-thirds of available funds going to the rest of the state and shall
S. 3007--B 112
be distributed in a manner to be determined by the commissioner without
a competitive bid or request for proposal process as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians OR DENTISTS trained in primary or specialty tracks who there-
after establish or join practices in underserved communities, as deter-
mined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians OR
DENTISTS to support the cost of establishing or joining practices in
underserved communities, as determined by the commissioner, and to
hospitals and other health care providers to recruit new physicians OR
DENTISTS to provide services in underserved communities, as determined
by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
§ 3. Subdivision 10 of section 2807-m of the public health law, as
added by section 75-e of part C of chapter 58 of the laws of 2008, para-
graphs (a) and (c) as amended by section 13 of part B of chapter 58 of
the laws of 2010, is amended to read as follows:
10. Physician AND DENTIST loan repayment program. (a) Beginning Janu-
ary first, two thousand eight, the commissioner is authorized, within
amounts available pursuant to subdivision five-a of this section, to
make loan repayment awards to primary care physicians AND DENTISTS or
other physician AND DENTIST specialties determined by the commissioner
to be in short supply, licensed to practice medicine OR DENTISTRY in New
York state, who agree to practice for at least five years in an under-
served area, as determined by the commissioner. Such physician OR
DENTIST shall be eligible for a loan repayment award of up to one
hundred fifty thousand dollars over a five year period distributed as
follows: fifteen percent of total loan debt not to exceed twenty thou-
sand dollars for the first year; fifteen percent of total loan debt not
to exceed twenty-five thousand dollars for the second year; twenty
percent of total loan debt not to exceed thirty-five thousand dollars
for the third year; and twenty-five percent of total loan debt not to
exceed thirty-five thousand dollars per year for the fourth year; and
any unpaid balance of the total loan debt not to exceed the maximum
award amount for the fifth year of practice in such area.
(b) Loan repayment awards made to a physician OR DENTIST pursuant to
paragraph (a) of this subdivision shall not exceed the total qualifying
outstanding debt of the physician OR DENTIST from student loans to cover
tuition and other related educational expenses, made by or guaranteed by
the federal or state government, or made by a lending or educational
institution approved under title IV of the federal higher education act.
Loan repayment awards shall be used solely to repay such outstanding
debt.
(c) In the event that a five-year commitment pursuant to the agreement
referenced in paragraph (a) of this subdivision is not fulfilled, the
recipient shall be responsible for repayment in amounts which shall be
calculated in accordance with the formula set forth in subdivision (b)
of section two hundred fifty-four-o of title forty-two of the United
States Code, as amended.
(d) The commissioner is authorized to apply any funds available for
purposes of paragraph (a) of this subdivision for use as matching funds
for federal grants for the purpose of assisting states in operating loan
S. 3007--B 113
repayment programs pursuant to section three hundred thirty-eight I of
the public health service act.
(e) The commissioner may postpone, change or waive the service obli-
gation and repayment amounts set forth in paragraphs (a) and (c),
respectively of this subdivision in individual circumstances where there
is compelling need or hardship.
(f)(i) When a physician OR DENTIST is not actually practicing in an
underserved area, [he or she] SUCH PHYSICIAN OR DENTIST shall be deemed
to be practicing in an underserved area if [he or she practices] THEY
PRACTICE in a facility or physician's OR DENTIST'S office that primarily
serves an underserved population as determined by the commissioner,
without regard to whether the population or the facility or physician's
OR DENTIST'S office is located in an underserved area.
(ii) In making criteria and determinations as to whether an area is an
underserved area or whether a facility or physician's OR DENTIST'S
office primarily serves an underserved population, the commissioner may
make separate criteria and determinations for different specialties.
§ 4. This act shall take effect immediately.
PART ZZ
Section 1. Subparagraph 4 of paragraph (a) of subdivision 2 of
section 366 of the social services law, as amended by section 3 of part
AAA of chapter 56 of the laws of 2022, is amended to read as follows:
(4) savings in amounts equal to [one hundred fifty percent of the
income amount permitted under subparagraph seven of this paragraph,
provided, however, that the amounts for one and two person households
shall not be less than the amounts permitted to be retained by house-
holds of the same size in order to qualify for benefits under the feder-
al supplemental security income program] THREE HUNDRED THOUSAND DOLLARS;
§ 2. Subparagraph 5 of paragraph (c) of subdivision 1 of section 366
of the social services law, as amended by chapter 583 of the laws of
2023, is amended to read as follows:
(5) A disabled individual at least sixteen years of age, but under the
age of sixty-five, who: would be eligible for benefits under the supple-
mental security income program but for earnings in excess of the allow-
able limit; has net available income that does not exceed two hundred
fifty percent of the applicable federal income official poverty line, as
defined and updated by the United States department of health and human
services, for a one-person or two-person household, as defined by the
commissioner in regulation; has household resources, as defined in para-
graph (e) of subdivision two of section three hundred sixty-six-c of
this title, other than retirement accounts, that do not exceed [one
hundred fifty percent of the income amount permitted under subparagraph
seven of paragraph (a) of subdivision two of this section, for a one-
person or two-person household] THREE HUNDRED THOUSAND DOLLARS, as
defined by the commissioner in regulation; and contributes to the cost
of medical assistance provided pursuant to this subparagraph in accord-
ance with subdivision twelve of section three hundred sixty-seven-a of
this title; for purposes of this subparagraph, disabled means having a
medically determinable impairment of sufficient severity and duration to
qualify for benefits under section 1902(a)(10)(A)(ii)(xv) of the social
security act.
§ 3. This act shall take effect January 1, 2026; provided, however,
that the effectiveness of sections one and two of this act shall be
subject to federal financial participation; provided, further, however,
S. 3007--B 114
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the occurrence of federal financial participation in
order that the commission may maintain an accurate and timely effective
data base of the official text of the laws of the state of New York in
furtherance of effectuating the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART AAA
Section 1. The public health law is amended by adding a new section
207-b to read as follows:
§ 207-B. TICK-BORNE ILLNESSES; REPORTS. 1. THE DEPARTMENT, IN CONJUNC-
TION WITH THE TICK-BORNE DISEASE INSTITUTE AND THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, SHALL PUBLISH A REPORT ON ITS WEBSITE CONTAINING
INFORMATION RELATED TO THE INCIDENCE OF TICK-BORNE ILLNESSES IN THE
STATE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE NUMBER OF DIAGNOSED CASES OF TICK-BORNE ILLNESSES;
(B) THE INCIDENCE OF TICK-BORNE ILLNESS IN EACH COUNTY; AND
(C) THE ESTIMATED TICK POPULATION IN THE STATE AND WHETHER SUCH POPU-
LATION IS EXPECTED TO INCREASE, DECREASE, OR REMAIN CONSTANT AT THE
STATE AND COUNTY LEVEL.
2. ON OR BEFORE APRIL FIRST ANNUALLY, THE DEPARTMENT, IN CONJUNCTION
WITH THE TICK-BORNE DISEASE INSTITUTE AND THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY. SUCH
REPORT SHALL SUMMARIZE THE STATISTICS REQUIRED TO BE REPORTED PURSUANT
TO SUBDIVISION ONE OF THIS SECTION FOR THE PREVIOUS YEAR AND INCLUDE ANY
OTHER INFORMATION DEEMED RELEVANT TO TICK-BORNE ILLNESSES FOR THE COMING
YEAR.
§ 2. (a) The superintendent of financial services, in consultation
with the commissioner of health, shall review the status of health
insurance coverage for the treatment of Lyme disease and other tick-
borne related diseases, and make recommendations regarding potential
changes to insurance coverage requirements and parameters. Such review
shall include, but not be limited to:
(i) The current range of insurance coverage for the treatment of Lyme
and other tick-borne related diseases within New York state;
(ii) Reasons for insurer denial of coverage for the treatment of Lyme
and other tick-borne related diseases;
(iii) Insurance coverage required by other states for the treatment of
symptoms related to Lyme and other tick-borne diseases and their esti-
mated costs and payment models; and
(iv) The estimated cost of expanding coverage for the treatment of
symptoms related to Lyme disease and other tick-borne related diseases.
(b) Within one hundred eighty days of the effective date of this act,
the superintendent of financial services shall submit a report to the
governor, the temporary president of the senate, and the speaker of the
assembly of the findings, conclusions and recommendations of the depart-
ment of financial services.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
S. 3007--B 115
PART BBB
Section 1. Direct support wage enhancement. 1. Notwithstanding any
other inconsistent provision of law, effective April 1, 2025, providers
licensed, funded, approved and/or certified by the office for people
with developmental disabilities to provide treatment, services and care
for individuals with developmental disabilities shall receive supple-
mental funding to enhance wages of employees that provide direct care
support or any other form of treatment, to individuals with develop-
mental disabilities and whose income is less than one hundred twenty-
five thousand dollars.
2. The commissioner of the office for people with developmental disa-
bilities, in consultation with the division of the budget, shall estab-
lish a list of eligible employee titles for such wage enhancement based
on the application of direct care to individuals with intellectual
and/or developmental disabilities.
3. Using the forms and processes developed by the commissioner of the
office for people with developmental disabilities under this section,
employers shall indicate the number of eligible employees based on the
list of eligible titles pursuant to subdivision two of this section.
4. The commissioner of the office for people with developmental disa-
bilities shall distribute an allocation to each eligible provider equiv-
alent to four thousand dollars per eligible employee based on the forms
developed pursuant to subdivision three of this section.
5. The funds distributed pursuant to this section must be used to
enhance base wages and benefits of eligible employees.
§ 2. This act shall take effect April 1, 2025.
PART CCC
Section 1. Section 3 of part KK of chapter 57 of the laws of 2024
amending the public health law relating to the creation of a community
doula expansion grant program, and repealing such program upon expira-
tion thereof, is amended to read as follows:
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024[;
provided, however, that the provisions of section two of this act shall
expire March 31, 2025 when upon such date the provisions of such section
shall be deemed repealed].
§ 2. This act shall take effect immediately.
PART DDD
Section 1. Paragraph 10 of subdivision (c) of section 25.18 of the
mental hygiene law, as amended by chapter 171 of the laws of 2022, is
amended to read as follows:
10. On or before November first of each year, beginning one year after
the initial deposit of monies in the opioid settlement fund, the rele-
vant commissioners[,] shall provide a written report to the governor,
temporary president of the senate, speaker of the assembly, chair of the
senate finance committee, chair of the assembly ways and means commit-
tee, chair of the senate alcoholism and substance [abuse] USE DISORDERS
committee, chair of the assembly alcoholism and drug abuse committee,
and the opioid settlement advisory board. Such report shall be presented
as a consolidated dashboard and be made publicly available on the
respective offices' websites. The report shall, to the extent practica-
S. 3007--B 116
ble after making all diligent efforts to obtain such information,
include the following: (i) the baseline funding for any entity that
receives funding from the opioid settlement fund OR OTHER FUNDS RECEIVED
PURSUANT TO A NEW YORK OPIOID SETTLEMENT SHARING AGREEMENT, prior to the
receipt of such [opioid settlement] funds; (ii) how funds deposited in
the opioid settlement fund AND OTHER FUNDS RECEIVED PURSUANT TO A NEW
YORK OPIOID SETTLEMENT SHARING AGREEMENT had been utilized in the
preceding calendar year, including but not limited to: (A) the amount of
money disbursed [from the fund] and the award process used for such
disbursement, if applicable; (B) the names of the recipients, the
amounts awarded to such recipient and details about the purpose such
funds were awarded for, including what specific services and programs
the funds were used on and what populations such services or programs
served; (C) the main criteria utilized to determine the award, including
how the program or service assists to reduce the effects of substance
use disorders; (D) an analysis of the effectiveness of the services
and/or programs that received opioid settlement funding OR OTHER FUNDS
RECEIVED PURSUANT TO A NEW YORK OPIOID SETTLEMENT SHARING AGREEMENT in
their efforts to reduce the effects of the overdose and substance use
disorder epidemic. Such analysis shall utilize evidence-based uniform
metrics when reviewing the effects the service and/or program had on
prevention, harm reduction, treatment, and recovery advancements; (E)
any relevant information provided by the New York subdivisions pursuant
to this section; and (F) any other information the commissioner deems
necessary to help inform future appropriations and funding decisions,
and ensure such funding is not being used to supplant local, state, or
federal funding.
§ 2. Subdivision (d) of section 25.18 of the mental hygiene law, as
amended by chapter 171 of the laws of 2022, is amended to read as
follows:
(d) Limitation on authority of government entities to bring lawsuits.
No government entity shall have the authority to assert released claims
against entities released by the department of law in a statewide opioid
settlement agreement executed by the department of law and the released
party on or after June first, two thousand twenty-one. Any action filed
by a government entity after June thirtieth, two thousand nineteen
asserting released claims against a manufacturer, distributor, [or]
dispenser, CONSULTANT, OR RELATED PARTY THEREOF, of opioid products
shall be extinguished by operation of law upon being released pursuant
to such statewide opioid settlement agreement.
§ 3. Section 97-aaaaa of the state finance law is amended by adding a
new subdivision 8 to read as follows:
8. (A) ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, BEGINNING ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THE COMMISSIONER OF THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, IN CONJUNCTION WITH THE
COMMISSIONER OF HEALTH, SHALL PROVIDE A WRITTEN REPORT TO THE GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE, CHAIR OF THE SENATE ALCOHOLISM AND SUBSTANCE USE DISORDERS COMMIT-
TEE, AND CHAIR OF THE ASSEMBLY ALCOHOLISM AND DRUG ABUSE COMMITTEE.
(B) SUCH REPORT SHALL BE PRESENTED AS A CONSOLIDATED DASHBOARD AND BE
MADE PUBLICLY AVAILABLE ON THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS' AND THE DEPARTMENT OF HEALTH'S WEBSITES. SUCH REPORT SHALL, TO
THE EXTENT PRACTICABLE AFTER MAKING ALL DILIGENT EFFORTS TO OBTAIN SUCH
INFORMATION, INCLUDE THE FOLLOWING:
S. 3007--B 117
(I) THE BASELINE FUNDING FOR ANY ENTITY THAT RECEIVES FUNDING FROM THE
OPIOID STEWARDSHIP FUND, PRIOR TO THE RECEIPT OF SUCH FUNDS; AND
(II) HOW FUNDS DEPOSITED IN THE OPIOID STEWARDSHIP FUND HAVE BEEN
UTILIZED IN THE PRECEDING CALENDAR YEAR, INCLUDING BUT NOT LIMITED TO:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENT, IF APPLICABLE;
(B) THE NAMES OF THE RECIPIENTS, THE AMOUNTS AWARDED TO SUCH RECIPIENT
AND DETAILS ABOUT THE PURPOSE SUCH FUNDS WERE AWARDED FOR, INCLUDING
WHAT SPECIFIC SERVICES AND PROGRAMS THE FUNDS WERE USED ON AND WHAT
POPULATIONS SUCH SERVICES OR PROGRAMS SERVED;
(C) THE MAIN CRITERIA UTILIZED TO DETERMINE THE AWARD, INCLUDING HOW
THE PROGRAM OR SERVICE ASSISTS TO REDUCE THE EFFECTS OF SUBSTANCE USE
DISORDERS;
(D) AN ANALYSIS OF THE EFFECTIVENESS OF THE SERVICES AND/OR PROGRAMS
THAT RECEIVED OPIOID STEWARDSHIP FUNDING IN THEIR EFFORTS TO REDUCE THE
EFFECTS OF THE OVERDOSE AND SUBSTANCE USE DISORDER EPIDEMIC. SUCH ANALY-
SIS SHALL UTILIZE EVIDENCE-BASED UNIFORM METRICS WHEN REVIEWING THE
EFFECTS THE SERVICE AND/OR PROGRAM HAD ON PREVENTION, HARM REDUCTION,
TREATMENT, AND RECOVERY ADVANCEMENTS;
(E) ANY RELEVANT INFORMATION PROVIDED BY ANY STATE AGENCY; AND
(F) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY TO HELP
INFORM FUTURE APPROPRIATIONS AND FUNDING DECISIONS, AND ENSURE SUCH
FUNDING IS NOT BEING USED TO SUPPLANT LOCAL, STATE, OR FEDERAL FUNDING.
§ 4. This act shall take effect immediately; provided, however that
the amendments to section 97-aaaaa of the state finance law made by
section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART EEE
Section 1. Subparagraph (i) of paragraph (c) of subdivision 1 of
section 2828 of the public health law, as amended by chapter 747 of the
laws of 2023, is amended to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, such
regulations shall further include at a minimum that any residential
health care facility for which THE CALCULATION OF total operating reven-
ue, AS SUCH TERM IS LIMITED BY SUBPARAGRAPH (III) OF PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION, exceeds total operating and non-operat-
ing expenses by more than five percent of total operating and non-oper-
ating expenses or that fails to spend the minimum amount necessary to
comply with the minimum spending standards for resident-facing staffing
or direct resident care, calculated on an annual basis, or for the year
two thousand twenty-two, on a pro-rata basis for only that portion of
the year during which the failure of a residential health care facility
to spend a minimum of seventy percent of revenue on direct resident
care, and forty percent of revenue on resident-facing staffing, may be
held to be a violation of this chapter, shall remit such excess revenue,
or the difference between the minimum spending requirement and the actu-
al amount of spending on resident-facing staffing or direct care staff-
ing, as the case may be, to the state, with such excess revenue which
shall be payable, in a manner to be determined by such regulations, by
November first in the year following the year in which the expenses are
incurred. The department shall collect such payments by methods includ-
ing, but not limited to, bringing suit in a court of competent jurisdic-
tion on its own behalf after giving notice of such suit to the attorney
general, deductions or offsets from payments made pursuant to the Medi-
S. 3007--B 118
caid program, and shall deposit such recouped funds into the nursing
home quality pool, as set forth in paragraph (d) of subdivision two-c of
section twenty-eight hundred eight of this article. Provided further
that such payments of excess revenue shall be in addition to and shall
not affect a residential health care facility's obligations to make any
other payments required by state or federal law into the nursing home
quality pool, including but not limited to medicaid rate reductions
required pursuant to paragraph (g) of subdivision two-c of section twen-
ty-eight hundred eight of this article and department regulations
promulgated pursuant thereto. The commissioner or their designees shall
have authority to audit the residential health care facilities' reports
for compliance in accordance with this section.
§ 2. Paragraph (a) of subdivision 2 of section 2828 of the public
health law, as amended by chapter 27 of the laws of 2024, is amended to
read as follows:
(a) "Revenue" shall mean the total operating revenue from or on behalf
of residents of the residential health care facility, government payers,
or third-party payers, to pay for a resident's occupancy of the residen-
tial health care facility, resident care, and the operation of the resi-
dential health care facility as reported in the residential health care
facility cost reports submitted to the department; provided, however,
that TOTAL OPERATING revenue shall exclude:
(i) the capital portion of the Medicaid reimbursement rate;
(ii) funding received as reimbursement for the assessment under
subparagraph (vi) of paragraph (b) of subdivision two of section twen-
ty-eight hundred seven-d of this article, as reconciled pursuant to
paragraph (c) of subdivision ten of section twenty-eight hundred seven-d
of this article; and
(iii) any grant funds from the federal government for reimbursement of
COVID-19 pandemic-related expenses, including but not limited to funds
received from the federal emergency management agency or health
resources and services administration AND SUCH OTHER ONE-TIME FEDERAL
FINANCIAL ASSISTANCE.
§ 3. This act shall take effect immediately; provided, however, for
purposes of distribution of the supplemental payment to qualified not-
for-profit facilities authorized by chapter 53 of the laws of 2022,
enacting the aid to localities budget, and pursuant to the Medicaid
State Plan Amendment 22-0007, this act shall be deemed to have been in
full force and effect on and after January 1, 2020.
PART FFF
Section 1. Subparagraph (iii) of paragraph (e) of subdivision 6 of
section 4403-f of the public health law, as added by section 5 of part
MM of chapter 56 of the laws of 2020, is amended to read as follows:
(iii) The commissioner may not establish an annual cap on total
enrollment under this paragraph FOR MANAGED LONG TERM CARE RATE REGIONS
OF THE STATE WHERE THE RATIO OF LONG TERM SERVICE AND SUPPORT UTILIZERS
PER TEN THOUSAND RELEVANT POPULATION IS LESS THAN ONE THOUSAND, for
plans' lines of business operating under the PACE (Program of All-Inclu-
sive Care for the Elderly) model as authorized by federal public law
105-33, subtitle I of title IV of the Balanced Budget Act of 1997, or
that serve individuals dually eligible for services and benefits under
titles XVIII and XIX of the federal social security act in conjunction
with an affiliated Medicare Dual Eligible Special Needs Plan.
S. 3007--B 119
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 4403-f of the public health law made by
section one of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
PART GGG
Section 1. Section 2826 of the public health law is amended by adding
a new subdivision (h) to read as follows:
(H) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WITHIN FUNDS
APPROPRIATED AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL
PARTICIPATION, THE COMMISSIONER SHALL, SUBJECT TO THE PROVISIONS OF THIS
SUBDIVISION, GRANT APPROVAL OF A TEMPORARY ADJUSTMENT TO THE NON-CAPITAL
COMPONENTS OF RATES TO ELIGIBLE NOT FOR PROFIT AND PUBLIC SKILLED NURS-
ING FACILITIES IN THREE DESIGNATED REGIONS IN UPSTATE NEW YORK, ONE OF
WHICH IS THE GREATER ROCHESTER AREA REGION, WHO DEMONSTRATE TO THE
COMMISSIONER A COLLABORATIVE DEMONSTRATION PROGRAM DESIGNED TO IMPROVE
NURSING HOME EFFICIENCY AND QUALITY OF CARE. IN ADDITION TO THE GREATER
ROCHESTER REGION, WHICH HAS AN ESTABLISHED QUALITY COLLABORATIVE, THE
COMMISSIONER SHALL SELECT TWO OTHER REGIONS WHICH APPLY FOR SUCH DESIG-
NATION AND PROVE, TO THE SATISFACTION OF THE COMMISSIONER, THAT THE
REGIONS PRESENT A COLLABORATIVE PROGRAM DESIGNED TO IMPROVE THE QUALITY
OF NURSING HOME CARE AND SERVICES.
(I) THE COMMISSIONER IS AUTHORIZED TO MAKE PAYMENTS PURSUANT TO THIS
SUBDIVISION ONLY AFTER APPROVAL OF CRITERIA FOR THE DISTRIBUTION OF
FUNDS, TO BE SUBMITTED ON BEHALF OF SUCH PROVIDERS BY AN INDEPENDENT
PRACTICE ASSOCIATION WHICH WILL COORDINATE THE DISTRIBUTION OF FUNDS
UNDER THIS PROGRAM. THE CRITERIA SHALL PROVIDE FOR METRICS WHICH MEASURE
COLLABORATION, FINANCIAL EFFICIENCIES, QUALITY OF CARE, THE DEVELOPMENT
OF COMMON CLINICAL PRACTICES, AND ENHANCEMENT OF WORKPLACE SAFETY, WELL-
NESS AND EFFECTIVENESS. THE SUBMISSION SHALL INCLUDE A METHODOLOGY FOR
DISTRIBUTION OF FUNDS TO THE PARTICIPATING NURSING FACILITIES, BASED ON
MEETING THE CRITERIA.
(II) UPON APPROVAL BY THE COMMISSIONER OF THE DESIGNATED REGIONS, SUCH
WRITTEN CRITERIA SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST SIXTY
DAYS PRIOR TO THE REQUESTED EFFECTIVE DATE OF THE TEMPORARY RATE ADJUST-
MENT AND SHALL INCLUDE A PROPOSED BUDGET TO ACHIEVE THE GOALS OF THE
PROGRAM. NO LESS THAN THIRTY MILLION DOLLARS SHALL BE ALLOCATED ANNUALLY
TO PROVIDERS DESCRIBED IN THIS SUBDIVISION. SHOULD FEDERAL FINANCIAL
PARTICIPATION NOT BE AVAILABLE FOR ANY ELIGIBLE PROVIDER, THEN PAYMENTS
PURSUANT TO THIS SUBDIVISION MAY BE MADE AS LUMP SUM MEDICAID PAYMENTS
OR GRANTS.
(III) THE DEPARTMENT SHALL PROVIDE A REPORT ON AN ANNUAL BASIS TO THE
CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS
COMMITTEE, AND THE SENATE HEALTH AND THE ASSEMBLY HEALTH COMMITTEES,
WHICH SHALL INCLUDE THE PAYMENT MADE PURSUANT TO THIS SUBDIVISION AND AN
ASSESSMENT OF THE EFFECTIVENESS OF THIS DEMONSTRATION PROGRAM.
§ 2. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
S. 3007--B 120
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through GGG of this act shall
be as specifically set forth in the last section of such Parts.
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