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A08807 Summary:

BILL NOA08807B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2024-2025 state fiscal year; requires the commissioner of health to provide a quarterly report on known and expected department of health state fund Medicaid expenditures (Part A); extends various provisions related to health and mental hygiene (Part B); removes the exemption for school psychologists to render early intervention services (Part C); extends provisions of law related to certain Medicaid management; authorizes certain payments, increased operating costs, public hospital adjustments to public general hospitals, additional inpatient hospital payments, and Medicaid payment increases during certain state fiscal years and calendar years (Part D); freezes the operating component of the rates for skilled nursing facilities; expands admission eligibility to the NYS veteran's home for certain veterans of the Persian Gulf conflict (Part E); directs the commissioner of health to create a program to subsidize the cost of assisted living for those individuals living with Alzheimer's disease and dementia who are not eligible for medical assistance and reside in a special needs assisted living residence (Part F); provides that for the state fiscal years beginning April 1, 2024, and thereafter, all department of health Medicaid payments made to Medicaid managed care organizations will no longer be subject to the uniform rate increase (Part H); renames the basic health program to the essential plan; adds references to the 1332 state innovation waiver; provides a new subsidy to assist low and moderate income New Yorkers; adds the 1332 state innovation program to the functions of the marketplace (Part J); extends certain provisions of law relating to malpractice and professional medical conduct (Part K); relates to authorizing continuous coverage in Medicaid and child health plus for eligible children ages zero to six (Part M); extends authorization for pharmacists to order and administer certain tests and perform collaborative drug therapy management with physicians in certain settings (Part P); extends provisions of law relating to the community mental health support and workforce reinvestment program (Part Y); extends the authority of the commissioners of the department of mental hygiene to design and implement time-limited demonstration programs (Part Z); sets minimal reimbursement for behavioral health treatment at the rate that would be paid for such treatment pursuant to the medical assistance program (Part AA); extends certain provisions relating to comprehensive psychiatric emergency programs (Part BB); relates to federal and state benefits for certain individuals receiving care in facilities operated by the office of the department of mental hygiene (Part DD); establishes a 3.2 percent cost of living adjustment for designated human services programs (Part FF); relates to the provision of services in school-based health centers to medical assistance recipients through managed care programs (Part II); expands health care services provided by telehealth to include services delivered through a facility licensed under article twenty-eight of the public health law that is eligible to be designated or has received a designation as a federally qualified health center, including those facilities that are also licensed under article thirty-one or article thirty-two of the mental hygiene law (Part JJ); requires insurers to provide coverage for epinephrine auto-injector devices (Part KK); establishes the "first responder peer support program act" which supplies peer-to-peer mental health programs to first responders (Part LL); establishes the Daniel's Law task force pilot program to provide trauma-informed, community led responses and diversions to certain individuals experiencing a mental health, alcohol use or substance use crisis; amends the date of the report to be submitted under Daniel's law to March 31, 2025 (Part MM); authorizes the commissioner of health to increase rates by 11 percent for in-person early intervention services commencing July 1, 2024, plus an additional 4 percent for services rendered in a rural or underserved area (Part NN); establishes the Medicaid investment fund which will fund certain subcomponents supporting the medical assistance program (Part OO).
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A08807 Actions:

BILL NOA08807B
 
01/17/2024referred to ways and means
02/20/2024amend (t) and recommit to ways and means
02/20/2024print number 8807a
03/12/2024amend (t) and recommit to ways and means
03/12/2024print number 8807b
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A08807 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8807--B
 
                   IN ASSEMBLY
 
                                    January 17, 2024
                                       ___________
 
        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 -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted 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  the  public  health  law,  in  relation  to  extending  certain
          provisions  related  to  the issuance of accountable care organization
          certifications and state oversight of  antitrust  provisions;  and  to
          amend  part  D  of  chapter 56 of the laws of 2013 amending the social
          services law relating to eligibility conditions, chapter  649  of  the
          laws  of  1996  amending the public health law, the mental hygiene law
          and the social services law relating to authorizing the  establishment
          of  special  needs  plans,  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 tele-
          health, chapter 659 of the laws of 1997 amending the public health law
          and other laws relating to  creation  of  continuing  care  retirement
          communities,  part  NN  of chapter 57 of the laws of 2018 amending the
          public health law and the state finance law relating to  enacting  the
          opioid  stewardship  act,  part  II  of chapter 54 of the laws of 2016
          amending part C of chapter 58 of the laws of 2005 relating to  author-
          izing  reimbursements  for expenditures made by or on behalf of social
          services districts for medical assistance for needy persons and admin-
          istration thereof, part B of chapter 57 of the laws of  2015  amending
          the  social  services  law  and  other  laws relating to energy audits
          and/or disaster preparedness reviews of residential healthcare facili-
          ties by the commissioner, chapter 769 of the laws of 2023 amending the
          public health law relating to the  adult  cystic  fibrosis  assistance
          program,  chapter  670  of  the  laws of 2021 requiring the office for
          people with developmental disabilities to establish  the  care  demon-
          stration  program, and part Q of chapter 59 of the laws of 2016 amend-
          ing the mental hygiene law relating to the closure or  transfer  of  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12671-04-4

        A. 8807--B                          2
 
          state-operated  individualized residential alternative, in relation to
          the effectiveness thereof (Part B); to amend  the  education  law,  in
          relation  to removing the exemption for school psychologists to render
          early  intervention  services; and to amend chapter 217 of the laws of
          2015, amending the education law relating to certified school psychol-
          ogists and special education services and programs for preschool chil-
          dren with handicapping conditions, in relation  to  the  effectiveness
          thereof  (Part  C); to amend part ZZ of chapter 56 of the laws of 2020
          amending the tax law and the  social services law relating to  certain
          Medicaid  management,  in  relation  to  the effectiveness thereof; to
          amend part E of chapter 57 of the laws of 2015,  amending  the  public
          health  law relating to the payment of certain funds for uncompensated
          care, in relation to certain payments being made as  outpatient  upper
          payment limit payments for outpatient hospital services during certain
          state  fiscal  years and calendar years; to amend part B of chapter 57
          of the laws of 2015, amending the  social  services  law  relating  to
          supplemental  rebates,  in  relation  to authorizing the department of
          health to increase operating cost component of rates  of  payment  for
          general hospital outpatient services and authorizing the department of
          health to pay a public hospital adjustment to public general hospitals
          during  certain  state  fiscal  years and calendar years; to amend the
          public health law, in relation to authorizing the commissioner to make
          additional inpatient hospital payments  during  certain  state  fiscal
          years  and  calendar  years;  and to amend part B of chapter 58 of the
          laws of 2010, amending the social services law and the  public  health
          law  relating  to  prescription  drug  coverage  for needy persons and
          health care initiatives pools, in relation to authorizing the  depart-
          ment  of health to make Medicaid payment increases for county operated
          free-standing clinics during certain state fiscal years  and  calendar
          years  (Part D); to amend the public health law, in relation to freez-
          ing the operating component of the rates for skilled  nursing  facili-
          ties  and  eligibility  for  admission to the New York state veterans'
          home (Part E); to amend the social services law, in relation to making
          the special needs assisted living residence voucher program  permanent
          (Part  F);  intentionally omitted (Part G); 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 eliminating the one percent rate increase to managed  care
          organizations  (Part  H); intentionally omitted (Part I); to amend the
          social services law, in relation to renaming the basic health  program
          to  the  essential  plan; to amend part H of chapter 57 of the laws of
          2021, amending the social services law relating to eliminating consum-
          er-paid premium payments in the basic health program, in  relation  to
          the  effectiveness  thereof;  and  to  amend the public health law, in
          relation to adding references to the  1332  state  innovation  waiver,
          providing  a  new  subsidy  to  assist low-income New Yorkers with the
          payment of premiums, cost sharing or both through the marketplace, and
          adding the 1332 state innovation  program  to  the  functions  of  the
          marketplace  (Part J); to amend chapter 266 of the laws of 1986 amend-
          ing the civil practice law and rules and other laws relating to  malp-
          ractice  and  professional  medical  conduct, in relation to insurance
          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

        A. 8807--B                          3
 
          to extending certain provisions concerning the hospital excess liabil-
          ity pool; and to amend part H of chapter 57 of the laws of 2017 amend-
          ing the New York Health Care Reform Act of 1996 and other laws  relat-
          ing  to  extending certain provisions relating thereto, in relation to
          extending provisions relating to  excess  coverage  (Part  K);  inten-
          tionally  omitted  (Part  L); to amend the social services law and the
          public health law, in relation to authorizing continuous  coverage  in
          Medicaid and child health plus, for eligible children ages zero to six
          (Part  M); intentionally omitted (Part N); intentionally omitted (Part
          O); to amend part C of chapter 57 of the laws  of  2022  amending  the
          public  health  law and the education law relating to allowing pharma-
          cists to direct limited service laboratories and order and  administer
          COVID-19  and  influenza tests and modernizing nurse practitioners, in
          relation to the effectiveness thereof; and to amend chapter 21 of  the
          laws  of 2011 amending the education law relating to authorizing phar-
          macists to perform collaborative drug therapy management  with  physi-
          cians  in  certain  settings, in relation to the effectiveness thereof
          (Part P); intentionally omitted (Part Q); intentionally omitted  (Part
          R);  intentionally  omitted  (Part S); intentionally omitted (Part T);
          intentionally omitted (Part U); intentionally omitted (Part V); inten-
          tionally omitted (Part W); intentionally omitted (Part  X);  to  amend
          chapter  62  of  the laws of 2003, amending the mental hygiene law and
          the state finance law relating to the community mental health  support
          and  workforce  reinvestment  program, the membership of subcommittees
          for mental health of community services boards and the duties of  such
          subcommittees  and  creating the community mental health and workforce
          reinvestment account, in relation to the effectiveness  thereof  (Part
          Y);  to  amend part NN of chapter 58 of the laws of 2015, amending the
          mental hygiene law relating to clarifying the authority of the commis-
          sioners in the department of mental hygiene to  design  and  implement
          time-limited  demonstration  programs,  in  relation  to  making  such
          provisions permanent (Part Z); to amend the insurance law, in relation
          to setting minimal reimbursement for behavioral health treatment (Part
          AA); to amend chapter 723 of the laws  of  1989  amending  the  mental
          hygiene law and other laws relating to comprehensive psychiatric emer-
          gency   programs,  in    relation  to  the  effectiveness  of  certain
          provisions thereof (Part BB);  intentionally  omitted  (Part  CC);  to
          amend  part  A  of chapter 111 of the laws of 2010 amending the mental
          hygiene law relating to the receipt  of  federal  and  state  benefits
          received  by  individuals receiving care in facilities  operated by an
          office of the department of mental hygiene, in relation to the  effec-
          tiveness thereof (Part DD); intentionally omitted (Part EE); to estab-
          lish  a  cost  of  living  adjustment  for  designated  human services
          programs (Part FF); intentionally  omitted  (Part  GG);  intentionally
          omitted  (Part  HH);  to amend the social services law, in relation to
          coverage for services provided  by  school-based  health  centers  for
          medical  assistance  recipients  (Part II); to amend the public health
          law, in relation to expanding health care services provided  by  tele-
          health (Part JJ); to amend the insurance law, in relation to requiring
          that  insurers  provide coverage for epinephrine auto-injector devices
          (Part KK); to amend the mental hygiene law, in relation to the  "First
          Responder  Peer  Support  Program  Act" (Part LL); to amend part OO of
          chapter 57 of the laws of 2023 relating to  directing  the  office  of
          mental  health  to  convene a task force on implementing mental health
          crisis response and diversion for  mental  health,  alcohol  use,  and
          substance  use  crises,  in  relation to establishing the Daniel's Law

        A. 8807--B                          4
 
          task force pilot program to  provide  trauma-informed,  community  led
          responses  and  diversions  to certain individuals experiencing crisis
          (Part MM); to amend the public health law, in relation to  authorizing
          a  rate  increase for in-person early intervention services (Part NN);
          and to amend the state finance law, in relation  to  establishing  the
          Medicaid investment fund (Part OO)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement the state health and mental hygience budget for
     3  the 2024-2025 state fiscal year.  Each  component  is  wholly  contained
     4  within  a  Part identified as Parts A through OO. The effective date for
     5  each particular provision contained within such Part is set forth in the
     6  last section of such Part. Any provision in any section contained within
     7  a Part, including the effective date of the Part, which makes  a  refer-
     8  ence  to  a  section  "of  this  act", when used in connection with that
     9  particular component, shall be deemed to mean and refer  to  the  corre-
    10  sponding  section  of  the  Part in which it is found.  Section three of
    11  this act sets forth the general effective date of this act.
 
    12                                   PART A

    13    Section 1. Paragraph (a) of subdivision 1 of section 92 of part  H  of
    14  chapter 59 of the laws of 2011, amending the public health law and other
    15  laws  relating  to  general  hospital reimbursement for annual rates, as
    16  amended by section 1 of part A of chapter 57 of the  laws  of  2023,  is
    17  amended to read as follows:
    18    (a)  For  state  fiscal  years  2011-12 through [2024-25] 2025-26, the
    19  director of the budget, in consultation with the commissioner of  health
    20  referenced  as "commissioner" for purposes of this section, shall assess
    21  on a quarterly basis, as reflected  in  quarterly  reports  pursuant  to
    22  subdivision  five  of  this  section  known  and projected department of
    23  health state funds medicaid expenditures by category of service  and  by
    24  geographic regions, as defined by the commissioner.
    25    §  2.  This  act  shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after April 1, 2024.
 
    27                                   PART B
 
    28    Section 1. Subdivision p of section 76 of part D of chapter 56 of  the
    29  laws  of  2013  amending the social services law relating to eligibility
    30  conditions, as amended by section 2 of part E of chapter 57 of the  laws
    31  of 2019, is amended to read as follows:
    32    p.  the amendments to subparagraph 7 of paragraph (b) of subdivision 1
    33  of section 366 of the social services law made by section  one  of  this
    34  act shall expire and be deemed repealed October 1, [2024] 2029.
    35    § 2. Section 10 of chapter 649 of the laws of 1996 amending the public
    36  health  law, the mental hygiene law and the social services law relating
    37  to authorizing the establishment of special needs plans, as  amended  by
    38  section  21  of  part E of chapter 57 of the laws of 2019, is amended to
    39  read as follows:
    40    § 10. This act shall take effect immediately and shall  be  deemed  to
    41  have  been in full force and effect on and after July 1, 1996; provided,

        A. 8807--B                          5
 
     1  however, that sections one, two and three of this act shall  expire  and
     2  be deemed repealed [on] March 31, [2025] 2030 provided, however that the
     3  amendments  to  section 364-j of the social services law made by section
     4  four  of  this  act  shall not affect the expiration of such section and
     5  shall be deemed to expire therewith  and  provided,  further,  that  the
     6  provisions  of  subdivisions  8,  9 and 10 of section 4401 of the public
     7  health law, as added by section one of this act; section 4403-d  of  the
     8  public health law as added by section two of this act and the provisions
     9  of  section seven of this act, except for the provisions relating to the
    10  establishment of no more than twelve  comprehensive  HIV  special  needs
    11  plans, shall expire and be deemed repealed on July 1, 2000.
    12    §  3.  Subdivision  3  of  section 2999-p of the public health law, as
    13  amended by section 8 of part BB of chapter 56 of the laws  of  2020,  is
    14  amended to read as follows:
    15    3.  The commissioner may issue a certificate of authority to an entity
    16  that meets conditions for ACO certification as set forth in  regulations
    17  made  by  the commissioner pursuant to section twenty-nine hundred nine-
    18  ty-nine-q of this article. The commissioner  shall  not  issue  any  new
    19  certificate under this article after December thirty-first, two thousand
    20  [twenty-four] twenty-eight.
    21    §  4.  Subdivision  1  of section 2999-aa of the public health law, as
    22  amended by section 9 of part S of chapter 57 of the  laws  of  2021,  is
    23  amended to read as follows:
    24    1.  In order to promote improved quality and efficiency of, and access
    25  to, health care services and to promote improved  clinical  outcomes  to
    26  the  residents  of  New  York,  it  shall  be the policy of the state to
    27  encourage, where appropriate, cooperative, collaborative and integrative
    28  arrangements including but not  limited  to,  mergers  and  acquisitions
    29  among  health  care  providers  or  among  others who might otherwise be
    30  competitors, under the active supervision of the  commissioner.  To  the
    31  extent  such arrangements, or the planning and negotiations that precede
    32  them, might be anti-competitive within the meaning  and  intent  of  the
    33  state and federal antitrust laws, the intent of the state is to supplant
    34  competition  with  such  arrangements  under  the active supervision and
    35  related administrative actions  of  the  commissioner  as  necessary  to
    36  accomplish  the  purposes  of  this article, and to provide state action
    37  immunity under the state and federal  antitrust  laws  with  respect  to
    38  activities  undertaken  by  health care providers and others pursuant to
    39  this article, where the benefits of such  active  supervision,  arrange-
    40  ments  and actions of the commissioner outweigh any disadvantages likely
    41  to result from a reduction of competition. The  commissioner  shall  not
    42  approve  an  arrangement for which state action immunity is sought under
    43  this article without first consulting with, and receiving a  recommenda-
    44  tion from, the public health and health planning council. No arrangement
    45  under  this  article  shall be approved after December thirty-first, two
    46  thousand [twenty-four] twenty-eight.
    47    § 5. Section 7 of part V of chapter 57 of the laws  of  2022  amending
    48  the  public  health  law and the insurance law relating to reimbursement
    49  for commercial and Medicaid services provided via telehealth, is amended
    50  to read as follows:
    51    § 7. This act shall take effect immediately and  shall  be  deemed  to
    52  have been in full force and effect on and after April 1, 2022; provided,
    53  however, this act shall expire and be deemed repealed on and after April
    54  1, [2024] 2025.
    55    § 6. Section 97 of chapter 659 of the laws of 1997 amending the public
    56  health  law  and  other  laws  relating  to  creation of continuing care

        A. 8807--B                          6

     1  retirement communities, as amended by section 11 of part Z of chapter 57
     2  of the laws of 2018, is amended to read as follows:
     3    §  97. This act shall take effect immediately, provided, however, that
     4  the amendments to subdivision 4 of section 854 of the general  municipal
     5  law  made by section seventy of this act shall not affect the expiration
     6  of such subdivision and shall be deemed to expire therewith and provided
     7  further that sections sixty-seven and  sixty-eight  of  this  act  shall
     8  apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
     9  provided further that sections eighty-one through eighty-seven  of  this
    10  act  shall expire and be deemed repealed on December 31, [2024] 2029 and
    11  provided further, however, that the amendments to section ninety of this
    12  act shall take effect January 1, 1998 and shall apply to  all  policies,
    13  contracts,  certificates,  riders or other evidences of coverage of long
    14  term care insurance issued, renewed, altered  or  modified  pursuant  to
    15  section 3229 of the insurance law on or after such date.
    16    §  7.  Section 5 of part NN of chapter 57 of the laws of 2018 amending
    17  the public health law and the state finance law relating to enacting the
    18  opioid stewardship act, as amended by section 5 of part XX of chapter 59
    19  of the laws of 2019, is amended to read as follows:
    20    § 5. This act shall take effect July 1, 2018 and shall expire  and  be
    21  deemed  to be repealed on June 30, [2024] 2029, provided that, effective
    22  immediately, the addition, amendment and/or repeal of any rule or  regu-
    23  lation  necessary  for  the  implementation of this act on its effective
    24  date are authorized to be made and completed on or before such effective
    25  date, and, provided that this act  shall  only  apply  to  the  sale  or
    26  distribution  of  opioids in the state of New York on or before December
    27  31, 2018.
    28    § 8. Section 2 of part II of chapter 54 of the laws of  2016  amending
    29  part  C  of  chapter  58  of  the  laws  of 2005 relating to authorizing
    30  reimbursements for expenditures made by or on behalf of social  services
    31  districts  for  medical  assistance for needy persons and administration
    32  thereof, as amended by section 6 of part CC of chapter 57 of the laws of
    33  2022, is amended to read as follows:
    34    § 2. This act shall take effect immediately and shall  expire  and  be
    35  deemed repealed March 31, [2024] 2026.
    36    §  9.  Subdivision 5 of section 60 of part B of chapter 57 of the laws
    37  of 2015 amending the social services law  and  other  laws  relating  to
    38  energy  audits  and/or  disaster  preparedness  reviews  of  residential
    39  healthcare facilities by the commissioner, as amended by chapter 125  of
    40  the laws of 2021, is amended to read as follows:
    41    5.  section  thirty-eight  of  this  act  shall  expire  and be deemed
    42  repealed July 1, [2024] 2027;
    43    § 10. Intentionally omitted.
    44    § 10-a. Section 2 of chapter 769 of the laws  of  2023,  amending  the
    45  public  health  law  relating  to  the  adult cystic fibrosis assistance
    46  program, as amended by chapter 31 of the laws of  2024,  is  amended  to
    47  read as follows:
    48    § 2. This act shall take effect immediately and shall expire March 31,
    49  [2024]  2025  when  upon  such  date the provisions of this act shall be
    50  deemed repealed.
    51    § 10-b. Section 3 of chapter 670 of the laws of  2021,  requiring  the
    52  office  for people with developmental disabilities to establish the care
    53  demonstration program, is amended to read as follows:
    54    § 3. This act shall take effect immediately and shall  expire  and  be
    55  deemed repealed March 31, [2024] 2026.

        A. 8807--B                          7
 
     1    §  10-c. Section 2 of part Q of chapter 59 of the laws of 2016, amend-
     2  ing the mental hygiene law relating to the  closure  or  transfer  of  a
     3  state-operated  individualized  residential  alternative,  as amended by
     4  chapter 176 of the laws of 2022, is amended to read as follows:
     5    §  2.  This  act shall take effect immediately and shall expire and be
     6  deemed repealed March 31, [2024] 2026.
     7    § 11. This act shall take effect immediately.
 
     8                                   PART C

     9    Section 1. Paragraph d of subdivision 6 of section 4410 of the  educa-
    10  tion  law,  as amended by chapter 217 of the laws of 2015, is amended to
    11  read as follows:
    12    d. Notwithstanding any other provision of law  to  the  contrary,  the
    13  exemption in subdivision one of section seventy-six hundred five of this
    14  chapter  shall  apply  to  persons  employed on a full-time or part-time
    15  salary basis, which may include on an hourly, weekly, or monthly  basis,
    16  or  on  a fee for evaluation services basis provided that such person is
    17  employed by and under the dominion and control of a center-based program
    18  approved pursuant to subdivision nine of this  section  as  a  certified
    19  school psychologist to provide activities, services and use of the title
    20  psychologist to students enrolled in such approved center-based program;
    21  and  to  certified school psychologists employed on a full-time or part-
    22  time salary basis, which may include on an hourly,  weekly,  or  monthly
    23  basis,  or  on  a  fee  for  evaluation services basis provided that the
    24  school psychologist is employed by and under the dominion and control of
    25  a program that has been approved pursuant to paragraph b of  subdivision
    26  nine  of this section, or subdivision nine-a of this section, to conduct
    27  a multi-disciplinary evaluation of a preschool child having or suspected
    28  of having a disability where authorized by paragraph a [or b] of  subdi-
    29  vision  six  of section sixty-five hundred three-b of this chapter[; and
    30  to certified school psychologists employed on a full-time  or  part-time
    31  salary  basis, which may include on an hourly, weekly, or monthly basis,
    32  or on a fee for evaluation services basis provided  that  such  psychol-
    33  ogist  is  employed  by  and under the dominion and control of an agency
    34  approved in accordance with title two-A of article  twenty-five  of  the
    35  public  health  law to deliver early intervention program multidiscipli-
    36  nary evaluations, service coordination services and  early  intervention
    37  program  services,  where  authorized by paragraph a or b of subdivision
    38  six of section sixty-five hundred three-b of this chapter, each], in the
    39  course of their employment. Nothing in this section shall  be  construed
    40  to  authorize  a  certified  school psychologist or group of such school
    41  psychologists to engage in independent practice or practice  outside  of
    42  an employment relationship.
    43    § 2. Subdivision 1 of section 7605 of the education law, as amended by
    44  chapter 217 of the laws of 2015, is amended to read as follows:
    45    1.  The activities, services, and use of the title of psychologist, or
    46  any derivation thereof, on the part of a  person  in  the  employ  of  a
    47  federal,  state, county or municipal agency, or other political subdivi-
    48  sion, or a chartered elementary or secondary school  or  degree-granting
    49  educational  institution  insofar  as such activities and services are a
    50  part of the duties of his salaried position; or on the part of a  person
    51  in the employ as a certified school psychologist on a full-time or part-
    52  time  salary  basis,  which may include on an hourly, weekly, or monthly
    53  basis, or on a fee for evaluation  services  basis  provided  that  such
    54  person  employed  as  a certified school psychologist is employed by and

        A. 8807--B                          8

     1  under the dominion and control of a preschool special education  program
     2  approved  pursuant  to  paragraph  b  of subdivision nine or subdivision
     3  nine-a of section forty-four hundred ten  of  this  chapter  to  provide
     4  activities,  services  and  to  use the title "certified school psychol-
     5  ogist", so long as this shall not be construed to permit the use of  the
     6  title  "licensed  psychologist",  to  students enrolled in such approved
     7  program or to conduct a  multidisciplinary  evaluation  of  a  preschool
     8  child  having  or suspected of having a disability[; or on the part of a
     9  person in the employ as a certified school psychologist on  a  full-time
    10  or  part-time  salary  basis,  which may include on an hourly, weekly or
    11  monthly basis, or on a fee for evaluation services basis  provided  that
    12  such  person  employed as a certified school psychologist is employed by
    13  and under the dominion and control of an agency approved  in  accordance
    14  with  title  two-A  of  article  twenty-five of the public health law to
    15  deliver  early  intervention  program   multidisciplinary   evaluations,
    16  service  coordination services and early intervention program services],
    17  where each such preschool special education  program  [or  early  inter-
    18  vention provider] is authorized by paragraph a [or b] of subdivision six
    19  of  section  sixty-five hundred [three] three-b of this title[, each] in
    20  the course of their employment. Nothing in  this  subdivision  shall  be
    21  construed  to authorize a certified school psychologist or group of such
    22  school psychologists to  engage  in  independent  practice  or  practice
    23  outside of an employment relationship.
    24    § 3. Section 3 of chapter 217 of the laws of 2015, amending the educa-
    25  tion  law  relating to certified school psychologists and special educa-
    26  tion services and programs  for  preschool  children  with  handicapping
    27  conditions, as amended by chapter 339 of the laws of 2022, is amended to
    28  read as follows:
    29    §  3.  This  act  shall take effect immediately and shall be deemed to
    30  have been in full force and effect on and after July 1, 2014,  provided,
    31  however  that  the  provisions  of  this  act shall expire and be deemed
    32  repealed June 30, [2024] 2026.
    33    § 4. This act shall take effect immediately and  shall  be  deemed  to
    34  have been in full force and effect on and after April 1, 2024; provided,
    35  however,  that the amendments to paragraph d of subdivision 6 of section
    36  4410 of the education law made by section one  of  this  act  shall  not
    37  affect  the  expiration  of such paragraph and shall be deemed to expire
    38  therewith; provided further, however, that the amendments to subdivision
    39  1 of section 7605 of the education law made by section two of  this  act
    40  shall  not affect the expiration of such subdivision and shall be deemed
    41  to expire therewith.
 
    42                                   PART D
 
    43    Section 1. Intentionally omitted.
    44    § 2. Section 5 of part ZZ of chapter 56 of the laws of  2020  amending
    45  the  tax  law  and  the social services law relating to certain Medicaid
    46  management, as amended by section 3 of part RR of chapter 57 of the laws
    47  of 2022, is amended to read as follows:
    48    § 5. This act shall  take  effect  immediately  and  shall  be  deemed
    49  repealed [five] eight years after such effective date.
    50    §  3.  Section 2 of part E of chapter 57 of the laws of 2015, amending
    51  the public health law relating to  the  payment  of  certain  funds  for
    52  uncompensated care, is amended to read as follows:
    53    §  2. Notwithstanding any inconsistent provision of law, rule or regu-
    54  lation to the contrary, and  subject  to  the  availability  of  federal

        A. 8807--B                          9
 
     1  financial  participation  pursuant  to  title  XIX of the federal social
     2  security act, effective for [periods on and  after]  each  state  fiscal
     3  year from April 1, 2015, through December 31, 2024; and for the calendar
     4  year  January  1,  2025 through December 31, 2025; and for each calendar
     5  year thereafter, payments pursuant to paragraph (i) of subdivision 35 of
     6  section 2807-c of the public health law may be made as outpatient  upper
     7  payment  limit  payments for outpatient hospital services, not to exceed
     8  an amount of three hundred thirty-nine million dollars annually  between
     9  payments  authorized  under  this section and such section of the public
    10  health law.  Such payments shall be made as medical assistance  payments
    11  for  outpatient services pursuant to title 11 of article 5 of the social
    12  services law for patients eligible for federal  financial  participation
    13  under  title XIX of the federal social security act for general hospital
    14  outpatient services and general hospital emergency room services  issued
    15  pursuant to paragraph (g) of subdivision 2 of section 2807 of the public
    16  health  law to general hospitals, other than major public general hospi-
    17  tals, providing emergency room services and including safety net  hospi-
    18  tals,  which  shall,  for  the  purpose of this paragraph, be defined as
    19  having either: a Medicaid share of total inpatient  hospital  discharges
    20  of  at  least  thirty-five  percent,  including both fee-for-service and
    21  managed care discharges for acute and exempt  services;  or  a  Medicaid
    22  share  of  total  discharges  of at least thirty percent, including both
    23  fee-for-service  and  managed  care  discharges  for  acute  and  exempt
    24  services,  and  also  providing  obstetrical  services.   Eligibility to
    25  receive such additional payments shall be based on data from the  period
    26  two  years prior to the rate year, as reported on the institutional cost
    27  report submitted to the department as of October first of the prior rate
    28  year. No eligible general hospital's annual payment amount  pursuant  to
    29  this section shall exceed the lower of the sum of the annual amounts due
    30  that  hospital  pursuant  to  section  twenty-eight  hundred seven-k and
    31  section twenty-eight hundred seven-w of the public health  law;  or  the
    32  hospital's  facility  specific projected disproportionate share hospital
    33  payment ceiling established pursuant to federal law, provided,  however,
    34  that  payment  amounts  to  eligible hospitals in excess of the lower of
    35  such sum or payment ceiling shall be reallocated to  eligible  hospitals
    36  that  do  not  have  excess payment amounts. Such reallocations shall be
    37  proportional to each such hospital's aggregate payment  amount  pursuant
    38  to  paragraph  (i)  of  subdivision  35  of section 2807-c of the public
    39  health law and this section to the total of all payment amounts for such
    40  eligible hospitals. Such adjustment payment may be  added  to  rates  of
    41  payment  or  made  as  aggregate  payments to eligible general hospitals
    42  other than major public general hospitals.   The  distribution  of  such
    43  payments shall be pursuant to a methodology approved by the commissioner
    44  of health in regulation.
    45    §  4. Section 21 of part B of chapter 57 of the laws of 2015, amending
    46  the social services law relating to supplemental rebates, is amended  to
    47  read as follows:
    48    § 21. Notwithstanding any inconsistent provision of law, rule or regu-
    49  lation  to  the  contrary,  and  subject  to the availability of federal
    50  financial participation pursuant to title  XIX  of  the  federal  social
    51  security  act,  effective  for  [the period] each state fiscal year from
    52  April 1, 2011 through [March 31, 2012, and state fiscal years]  December
    53  31, 2024; and for the calendar year January 1, 2025 through December 31,
    54  2025; and for each calendar year thereafter, the department of health is
    55  authorized  to increase the operating cost component of rates of payment
    56  for general hospital outpatient services and general hospital  emergency

        A. 8807--B                         10
 
     1  room  services  issued  pursuant  to  paragraph  (g) of subdivision 2 of
     2  section 2807 of the public health law for public general  hospitals,  as
     3  defined  in  subdivision  10  of  section 2801 of the public health law,
     4  other  than those operated by the state of New York or the state univer-
     5  sity of New York, and located in a  city  with  a  population  over  one
     6  million,  up  to  two  hundred  eighty-seven million dollars annually as
     7  medical assistance payments for outpatient services pursuant to title 11
     8  of article 5 of the social services law for patients eligible for feder-
     9  al financial participation under title XIX of the federal social securi-
    10  ty act based on such criteria and methodologies as the commissioner  may
    11  from time to time set through a memorandum of understanding with the New
    12  York  city  health and hospitals corporation, and such adjustments shall
    13  be paid by means of one or more estimated payments, with such  estimated
    14  payments  to be reconciled to the commissioner of health's final adjust-
    15  ment determinations after the disproportionate  share  hospital  payment
    16  adjustment  caps  have  been  calculated  for such period under sections
    17  1923(f) and (g) of the federal  social  security  act.  Such  adjustment
    18  payment  may  be added to rates of payment or made as aggregate payments
    19  to eligible public general hospitals.
    20    § 5. The opening paragraph of subparagraph (i)  of  paragraph  (i)  of
    21  subdivision 35 of section 2807-c of the public health law, as amended by
    22  section  4  of  part  C of chapter 56 of the laws of 2013, is amended to
    23  read as follows:
    24    Notwithstanding any inconsistent provision of this subdivision or  any
    25  other  contrary  provision  of  law  and  subject to the availability of
    26  federal financial participation, for [the period] each state fiscal year
    27  from July first, two thousand ten through [March thirty-first, two thou-
    28  sand eleven,] December thirty-first, two thousand twenty-four; and [each
    29  state fiscal year period] for the calendar year January first, two thou-
    30  sand twenty-five through December  thirty-first,  two  thousand  twenty-
    31  five; and for each calendar year thereafter, the commissioner shall make
    32  additional inpatient hospital payments up to the aggregate upper payment
    33  limit for inpatient hospital services after all other medical assistance
    34  payments, but not to exceed two hundred thirty-five million five hundred
    35  thousand  dollars  for  the  period July first, two thousand ten through
    36  March thirty-first, two thousand eleven, three hundred fourteen  million
    37  dollars  for  each state fiscal year beginning April first, two thousand
    38  eleven, through March thirty-first, two thousand thirteen, and  no  less
    39  than  three  hundred  thirty-nine  million dollars for each state fiscal
    40  year [thereafter] until December thirty-first, two thousand twenty-four;
    41  and then from calendar year  January  first,  two  thousand  twenty-five
    42  through  December  thirty-first,  two thousand twenty-five; and for each
    43  calendar year thereafter, to general hospitals, other than major  public
    44  general hospitals, providing emergency room services and including safe-
    45  ty  net  hospitals,  which  shall, for the purpose of this paragraph, be
    46  defined as having either: a Medicaid share of total  inpatient  hospital
    47  discharges  of at least thirty-five percent, including both fee-for-ser-
    48  vice and managed care discharges for acute and  exempt  services;  or  a
    49  Medicaid share of total discharges of at least thirty percent, including
    50  both  fee-for-service  and  managed care discharges for acute and exempt
    51  services,  and  also  providing  obstetrical  services.  Eligibility  to
    52  receive  such additional payments shall be based on data from the period
    53  two years prior to the rate year, as reported on the institutional  cost
    54  report submitted to the department as of October first of the prior rate
    55  year.  Such  payments  shall  be made as medical assistance payments for
    56  fee-for-service inpatient hospital services pursuant to title eleven  of

        A. 8807--B                         11
 
     1  article five of the social services law for patients eligible for feder-
     2  al financial participation under title XIX of the federal social securi-
     3  ty act and in accordance with the following:
     4    §  6. Section 18 of part B of chapter 57 of the laws of 2015, amending
     5  the social services law relating to supplemental rebates, is amended  to
     6  read as follows:
     7    §  18. Notwithstanding any inconsistent provision of law or regulation
     8  to the contrary, and subject to the availability  of  federal  financial
     9  participation  pursuant to title XIX of the federal social security act,
    10  effective for [the period] each state fiscal year from  April  1,  2012,
    11  through  [March 31, 2013, and state fiscal years] December 31, 2024; and
    12  for the calendar year from January 1, 2025 through  December  31,  2025;
    13  and  for  each  calendar  year  thereafter,  the department of health is
    14  authorized to pay a public hospital adjustment to public general  hospi-
    15  tals,  as defined in subdivision 10 of section 2801 of the public health
    16  law, other than those operated by the state of New  York  or  the  state
    17  university  of New York, and located in a city with a population of over
    18  1 million, of up to one  billion  eighty  million  dollars  annually  as
    19  medical  assistance payments for inpatient services pursuant to title 11
    20  of article 5 of the social services law for patients eligible for feder-
    21  al financial participation under title XIX of the federal social securi-
    22  ty act based on such criteria and methodologies as the commissioner  may
    23  from time to time set through a memorandum of understanding with the New
    24  York  city  health and hospitals corporation, and such adjustments shall
    25  be paid by means of one or more estimated payments, with such  estimated
    26  payments  to be reconciled to the commissioner of health's final adjust-
    27  ment determinations after the disproportionate  share  hospital  payment
    28  adjustment  caps  have  been  calculated  for such period under sections
    29  1923(f) and (g) of the federal  social  security  act.  Such  adjustment
    30  payment  may  be added to rates of payment or made as aggregate payments
    31  to eligible public general hospitals.
    32    § 7. Subdivision 1 of section 3-a of part B of chapter 58 of the  laws
    33  of  2010,  amending  the  social  services law and the public health law
    34  relating to prescription drug coverage for needy persons and health care
    35  initiatives pools, is amended to read as follows:
    36    1. Notwithstanding any inconsistent provision of law,  rule  or  regu-
    37  lation  to  the  contrary,  and  subject  to the availability of federal
    38  financial participation, effective for [the period]  each  state  fiscal
    39  year  from August 1, 2010 through [March 31, 2011, and each state fiscal
    40  year] December 31, 2024; and for the calendar year from January 1,  2025
    41  through  December  31,  2025; and for each calendar year thereafter, the
    42  department of health is authorized to make  Medicaid  payment  increases
    43  for  diagnostic  and treatment centers (DTC) services issued pursuant to
    44  section 2807 of the public health law for public DTCs  operated  by  the
    45  New  York  City Health and Hospitals Corporation, at the election of the
    46  social services district in which an eligible DTC is physically located,
    47  of up to twelve million six hundred thousand dollars  on  an  annualized
    48  basis  for  DTC services pursuant to title 11 of article 5 of the social
    49  services law for patients eligible for federal  financial  participation
    50  under  title  XIX  of the federal social security act based on each such
    51  DTC's proportionate share of the sum of all clinic visits for all facil-
    52  ities eligible for an adjustment pursuant to this section for  the  base
    53  year two years prior to the rate year. Such proportionate share payments
    54  may be added to rates of payment or made as aggregate payments to eligi-
    55  ble DTCs.

        A. 8807--B                         12
 
     1    §  8. Subdivision 1 of section 3-b of part B of chapter 58 of the laws
     2  of 2010, amending the social services law  and  the  public  health  law
     3  relating to prescription drug coverage for needy persons and health care
     4  initiatives pools, is amended to read as follows:
     5    1.  Notwithstanding  any  inconsistent provision of law, rule or regu-
     6  lation to the contrary, and  subject  to  the  availability  of  federal
     7  financial  participation,  effective  for [the period] each state fiscal
     8  year from August 1, 2010 through [March 31, 2011, and each state  fiscal
     9  year]  December 31, 2024; and for the calendar year from January 1, 2025
    10  through December 31, 2025; and for each calendar  year  thereafter,  the
    11  department  of  health, is authorized to make Medicaid payment increases
    12  for county operated diagnostic  and  treatment  centers  (DTC)  services
    13  issued  pursuant  to  section  2807  of  the  public  health law and for
    14  services provided by  county  operated  free-standing  clinics  licensed
    15  pursuant  to  articles  31  and  32  of  the mental hygiene law, but not
    16  including facilities operated by the New York City Health and  Hospitals
    17  Corporation,  of  up to five million four hundred thousand dollars on an
    18  annualized basis for such services pursuant to title 11 of article 5  of
    19  the  social  services  law  for  patients eligible for federal financial
    20  participation under title XIX of the federal social security act.  Local
    21  social  services  districts may decline such increased payments to their
    22  sponsored DTCs and free-standing clinics, provided they provide  written
    23  notification to the commissioner of health, within thirty days following
    24  receipt of notification of a payment pursuant to this section.  Distrib-
    25  utions  pursuant  to  this  section  shall  be  based on each facility's
    26  proportionate share of the sum of all DTC  and  clinic  visits  for  all
    27  facilities receiving payments pursuant to this section for the base year
    28  two  years prior to the rate year. Such proportionate share payments may
    29  be added to rates or payment or made as aggregate payments  to  eligible
    30  facilities.
    31    §  9.  Paragraph (e-1) of subdivision 12 of section 2808 of the public
    32  health law, as amended by section 15 of part B of chapter 57 of the laws
    33  of 2023, is amended to read as follows:
    34    (e-1) Notwithstanding any inconsistent provision of law or regulation,
    35  the commissioner shall provide,  in  addition  to  payments  established
    36  pursuant  to  this  article  prior to application of this section, addi-
    37  tional payments under the medical assistance program pursuant  to  title
    38  eleven of article five of the social services law for non-state operated
    39  public  residential health care facilities, including public residential
    40  health care facilities located in the county of Nassau,  the  county  of
    41  Westchester  and  the  county  of Erie, but excluding public residential
    42  health care facilities operated by a town or city within  a  county,  in
    43  aggregate  annual  amounts of up to one hundred fifty million dollars in
    44  additional payments for the state fiscal year beginning April first, two
    45  thousand six and for the state fiscal year beginning  April  first,  two
    46  thousand  seven and for the state fiscal year beginning April first, two
    47  thousand eight and of up to three hundred million dollars in such aggre-
    48  gate annual additional payments for  the  state  fiscal  year  beginning
    49  April  first, two thousand nine, and for the state fiscal year beginning
    50  April first, two thousand ten and for the state  fiscal  year  beginning
    51  April  first, two thousand eleven, and for the state fiscal years begin-
    52  ning April first, two thousand twelve  and  April  first,  two  thousand
    53  thirteen,  and  of  up to five hundred million dollars in such aggregate
    54  annual additional payments for the state fiscal  years  beginning  April
    55  first,  two  thousand  fourteen,  April  first, two thousand fifteen and
    56  April first, two thousand sixteen and of  up  to  five  hundred  million

        A. 8807--B                         13
 
     1  dollars  in  such  aggregate  annual  additional  payments for the state
     2  fiscal years beginning April first, two thousand seventeen, April first,
     3  two thousand eighteen, and April first, two thousand nineteen, and of up
     4  to  five  hundred  million  dollars  in such aggregate annual additional
     5  payments for the state fiscal years beginning April first, two  thousand
     6  twenty, April first, two thousand twenty-one, and April first, two thou-
     7  sand  twenty-two,  and  of  up  to  five hundred million dollars in such
     8  aggregate annual additional payments for the state fiscal  years  begin-
     9  ning  April  first, two thousand twenty-three, and from April first, two
    10  thousand twenty-four until December thirty-first, two  thousand  twenty-
    11  four,  and [April first, two thousand twenty-five] for the calendar year
    12  January first, two thousand twenty-five through  December  thirty-first,
    13  two  thousand  twenty-five,  and for each calendar year thereafter.  The
    14  amount allocated to each eligible public residential health care facili-
    15  ty for this period shall be computed in accordance with  the  provisions
    16  of  paragraph  (f)  of this subdivision, provided, however, that patient
    17  days shall be utilized for such computation reflecting  actual  reported
    18  data  for  two thousand three and each representative succeeding year as
    19  applicable, and provided further, however, that,  in  consultation  with
    20  impacted providers, of the funds allocated for distribution in the state
    21  fiscal  year beginning April first, two thousand thirteen, up to thirty-
    22  two million dollars may be allocated in accordance with paragraph  (f-1)
    23  of this subdivision.
    24    §  10. This act shall take effect immediately; provided, however, that
    25  sections three, four, five, six, seven, eight and nine of this act shall
    26  take effect January 1, 2025.
 
    27                                   PART E
 
    28    Section 1. Subparagraph (ii) of paragraph (b) of  subdivision  2-b  of
    29  section  2808 of the public health law, as added by section 47 of part C
    30  of chapter 109 of the laws of 2006, is amended to read as follows:
    31    (ii) (A) The operating component of rates shall be subject to case mix
    32  adjustment through application  of  the  relative  resource  utilization
    33  groups system of patient classification (RUG-III) employed by the feder-
    34  al  government  with  regard  to  payments to skilled nursing facilities
    35  pursuant to title XVIII of the federal social security  act  (Medicare),
    36  as  revised  by  regulation  to  reflect New York state wages and fringe
    37  benefits, provided, however, that  such  RUG-III  classification  system
    38  weights  shall  be  increased in the following amounts for the following
    39  categories of residents: [(A)]  (1)  thirty  minutes  for  the  impaired
    40  cognition A category, [(B)] (2) forty minutes for the impaired cognition
    41  B  category,  and [(C)] (3) twenty-five minutes for the reduced physical
    42  functions B category.  Such adjustments shall be  made  in  January  and
    43  July of each calendar year. Such adjustments and related patient classi-
    44  fications  in  each facility shall be subject to audit review in accord-
    45  ance with regulations promulgated by the commissioner.
    46    (B) Effective April first, two  thousand  twenty-four,  the  case  mix
    47  adjustment from the operating component of the rates for skilled nursing
    48  facilities  shall remain unchanged from the October two thousand twenty-
    49  three rates during the development and until full  implementation  of  a
    50  case mix methodology using the Patient Driven Payment Model.
    51    § 2. Intentionally omitted.
    52    §  3.  Paragraph  (h)  of  subdivision 1 of section 2632 of the public
    53  health law, as amended by chapter 414 of the laws of 2015, is amended to
    54  read as follows:

        A. 8807--B                         14
 
     1    (h) in the Persian Gulf conflict from the second day of August,  nine-
     2  teen  hundred  ninety  to  the  end  of such conflict including military
     3  service in Operation Enduring Freedom, Operation Iraqi  Freedom,  Opera-
     4  tion New Dawn or Operation Inherent Resolve and was the recipient of the
     5  global  war  on terrorism expeditionary medal or the Iraq campaign medal
     6  or the Afghanistan campaign medal; and who was a resident of  the  state
     7  of New York at the time of entry upon such active duty or who shall have
     8  been  a  resident of this state for [one year] six months next preceding
     9  the application for admission shall be entitled  to  admission  to  said
    10  home  after  the  approval  of the application by the board of visitors,
    11  subject to the provisions of this article and to the conditions, limita-
    12  tions and penalties prescribed by the regulations of the department. Any
    13  such veteran or dependent, who otherwise fulfills the  requirements  set
    14  forth  in  this section, may be admitted directly to the skilled nursing
    15  facility or the health related facility provided such veteran or depend-
    16  ent is certified by a physician designated or approved by the department
    17  to require the type of care provided by such facilities.
    18    § 4. This act shall take effect immediately and  shall  be  deemed  to
    19  have been in full force and effect on and after April 1, 2024.
 
    20                                   PART F
 
    21    Section  1.  Paragraph  (n)  of  subdivision 3 of section 461-l of the
    22  social services law, as added by section 2 of part B of  chapter  57  of
    23  the laws of 2018, is amended to read as follows:
    24    (n)  The  commissioner  of health is authorized to create a program to
    25  subsidize the cost of assisted living for those individuals living  with
    26  Alzheimer's  disease  and  dementia  who  are  not  eligible for medical
    27  assistance pursuant to title eleven of article five of this chapter  and
    28  reside  in  a  special  needs  assisted living residence certified under
    29  section forty-six hundred fifty-five of the  public  health  law.    The
    30  program  shall  authorize  up  to  two  hundred  vouchers to individuals
    31  through an application process and pay for up to seventy-five percent of
    32  the average private pay rate in the respective region. The  commissioner
    33  of   health  may  propose  rules  and  regulations  to  effectuate  this
    34  provision.
    35    § 2. Intentionally omitted.
    36    § 3. Intentionally omitted.
    37    § 4. This act shall take effect immediately and  shall  be  deemed  to
    38  have been in full force and effect on and after April 1, 2024.
 
    39                                   PART G
 
    40                            Intentionally Omitted
 
    41                                   PART H
 
    42    Section 1. Intentionally omitted.
    43    § 2. Intentionally omitted.
    44    § 3. Intentionally omitted.
    45    § 4. Intentionally omitted.
    46    § 5. Intentionally omitted.
    47    § 6. Intentionally omitted.
    48    § 7. Intentionally omitted.

        A. 8807--B                         15
 
     1    §  8. Section 1 of part I of chapter 57 of the laws of 2022, providing
     2  a one percent across the board payment increase to all  qualifying  fee-
     3  for-service  Medicaid rates, is amended by adding two new subdivisions 3
     4  and 4 to read as follows:
     5    3. For the state fiscal years beginning April 1, 2024, and thereafter,
     6  all department of health Medicaid payments made to Medicaid managed care
     7  organizations  will no longer be subject to the uniform rate increase in
     8  subdivision one of this section.
     9    4. Rate adjustments made pursuant to subdivisions one through three of
    10  this section shall not be subject to the notification  requirements  set
    11  forth in subdivision 7 of section 2807 of the public health law.
    12    § 9. Intentionally omitted.
    13    § 10. Intentionally omitted.
    14    § 11. This act shall take effect immediately.
 
    15                                   PART I
 
    16                            Intentionally Omitted
 
    17                                   PART J
 
    18    Section  1. The title heading of title 11-D of article 5 of the social
    19  services law, as amended by section 1 of part H of  chapter  57  of  the
    20  laws of 2021, is amended to read as follows:
    21                     [BASIC HEALTH PROGRAM] ESSENTIAL PLAN
    22    §  2.  Section 3 of part H of chapter 57 of the laws of 2021, amending
    23  the social services law relating to  eliminating  consumer-paid  premium
    24  payments in the basic health program, is amended to read as follows:
    25    § 3. This act shall take effect June 1, 2021 [and]; provided, however,
    26  section  two  of  this  act  shall  expire and be deemed repealed should
    27  federal approval be withdrawn or 42 U.S.C. 18051 be  repealed;  provided
    28  that the commissioner of health shall notify the legislative bill draft-
    29  ing  commission upon the withdrawal of federal approval or the repeal of
    30  42 U.S.C. 18051 in order that the commission may  maintain  an  accurate
    31  and  timely  effective data base of the official text of the laws of the
    32  state of New York in  furtherance  of  effectuating  the  provisions  of
    33  section  44  of the legislative law and section 70-b of the public offi-
    34  cers law.
    35    § 3. Intentionally omitted.
    36    § 4. Paragraph (a) of subdivision 1 of section  268-c  of  the  public
    37  health law, as added by section 2 of part T of chapter 57 of the laws of
    38  2019, is amended to read as follows:
    39    (a) Perform eligibility determinations for federal and state insurance
    40  affordability  programs  including medical assistance in accordance with
    41  section three hundred sixty-six of the social services law, child health
    42  plus in accordance with section twenty-five hundred eleven of this chap-
    43  ter, the basic health program in accordance with section  three  hundred
    44  sixty-nine-gg  of  the  social  services  law, the 1332 state innovation
    45  program in accordance with section three hundred  sixty-nine-ii  of  the
    46  social services law, premium tax credits and cost-sharing reductions and
    47  qualified  health  plans  in  accordance  with  applicable law and other
    48  health insurance programs as determined by the commissioner;
    49    § 5. Subdivision 16 of section 268-c of  the  public  health  law,  as
    50  added  by  section  2  of  part  T of chapter 57 of the laws of 2019, is
    51  amended to read as follows:

        A. 8807--B                         16
 
     1    16. In accordance with applicable federal and state law, inform  indi-
     2  viduals of eligibility requirements for the Medicaid program under title
     3  XIX  of  the  social security act and the social services law, the chil-
     4  dren's health insurance program (CHIP) under title  XXI  of  the  social
     5  security  act  and  this chapter, the basic health program under section
     6  three hundred sixty-nine-gg of the social services law, the  1332  state
     7  innovation  program in accordance with section three hundred sixty-nine-
     8  ii of the social services law, or any applicable state or  local  public
     9  health insurance program and if, through screening of the application by
    10  the  Marketplace,  the  Marketplace determines that such individuals are
    11  eligible for any such program, enroll such individuals in such program.
    12    § 6. Section 268-c of the public health law is amended by adding a new
    13  subdivision 26 to read as follows:
    14    26. Subject to federal approval if required, the use  of  state  funds
    15  and  the availability of funds in the 1332 state innovation program fund
    16  established pursuant to section ninety-eight-d of the state finance law,
    17  the commissioner shall have the authority  to  establish  a  program  to
    18  provide  subsidies for the payment of premium or cost sharing or both to
    19  assist individuals who are eligible to purchase qualified  health  plans
    20  through  the  marketplace,  or  take such other action as appropriate to
    21  reduce or eliminate qualified health plan premiums  or  cost-sharing  or
    22  both.
    23    §  7.  Subparagraph  (i)  of paragraph (a) of subdivision 4 of section
    24  268-e of the public health law, as added by section 2 of part T of chap-
    25  ter 57 of the laws of 2019, is amended to read as follows:
    26    (i) An initial determination of eligibility, including:
    27    (A) eligibility to enroll in a qualified health plan;
    28    (B) eligibility for Medicaid;
    29    (C) eligibility for Child Health Plus;
    30    (D) eligibility for the Basic Health Program;
    31    (E) eligibility for the 1332 state innovation program;
    32    (F) the amount of advance payments of the premium tax credit and level
    33  of cost-sharing reductions;
    34    [(F)] (G) the amount of any other subsidy that may be available  under
    35  law; and
    36    [(G)]  (H)  eligibility  for  such  other health insurance programs as
    37  determined by the commissioner; and
    38    § 8. Section 268 of the public health law, as added by  section  2  of
    39  part T of chapter 57 of the laws of 2019, is amended to read as follows:
    40    § 268. Statement of policy and purposes.  The purpose of this title is
    41  to  codify the establishment of the health benefit exchange in New York,
    42  known as NY State  of  Health,  The  Official  Health  Plan  Marketplace
    43  (Marketplace),  in  conformance  with  Executive Order 42 (Cuomo) issued
    44  April 12, 2012. The Marketplace shall continue  to  perform  eligibility
    45  determinations  for  federal  and state insurance affordability programs
    46  including medical assistance in accordance with  section  three  hundred
    47  sixty-six  of  the  social services law, child health plus in accordance
    48  with section twenty-five hundred  eleven  of  this  chapter,  the  basic
    49  health program in accordance with section three hundred sixty-nine-gg of
    50  the social services law, the 1332 state innovation program in accordance
    51  with section three hundred sixty-nine-ii of the social services law, and
    52  premium  tax credits and cost-sharing reductions, together with perform-
    53  ing eligibility determinations for qualified health plans and such other
    54  health insurance programs as determined by the commissioner. The Market-
    55  place  shall  also  facilitate  enrollment  in  insurance  affordability
    56  programs,  qualified health plans and other health insurance programs as

        A. 8807--B                         17
 
     1  determined by the commissioner,  the  purchase  and  sale  of  qualified
     2  health  plans  and/or  other or additional health plans certified by the
     3  Marketplace pursuant to this title,  and  shall  continue  to  have  the
     4  authority to operate a small business health options program ("SHOP") to
     5  assist  eligible  small  employers  in  selecting qualified health plans
     6  and/or other or additional health plans certified by the Marketplace and
     7  to determine small employer eligibility for purposes of  small  employer
     8  tax  credits.  It  is  the  intent  of the legislature, by codifying the
     9  Marketplace in state statute, to continue to promote quality and afford-
    10  able health coverage and care, reduce the number of  uninsured  persons,
    11  provide a transparent marketplace, educate consumers and assist individ-
    12  uals  with  access to coverage, premium assistance tax credits and cost-
    13  sharing reductions. In addition, the  legislature  declares  the  intent
    14  that  the  Marketplace continue to be properly integrated with insurance
    15  affordability programs, including Medicaid, child health  plus  and  the
    16  basic  health program, the 1332 state innovation program, and such other
    17  health insurance programs as determined by the commissioner.
    18    § 9. Subdivision 8 of section 268-a  of  the  public  health  law,  as
    19  amended  by  section  1 of part PP of chapter 57 of the laws of 2021, is
    20  amended to read as follows:
    21    8. "Insurance affordability  program"  means  Medicaid,  child  health
    22  plus, the basic health program, the 1332 state innovation program, post-
    23  partum  extended coverage and any other health insurance subsidy program
    24  designated as such by the commissioner.
    25    § 10. This act shall take effect immediately and shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2024; provided,
    27  however,  that  section  six of this act shall only take effect upon the
    28  commissioner of health obtaining and maintaining all necessary approvals
    29  from the secretary of health and human services and the secretary of the
    30  treasury based on an amended application for a waiver  for  state  inno-
    31  vation pursuant to section 1332 of the patient protection and affordable
    32  care  act  (P.L.  111-148)  and  subdivision  25 of section 268-c of the
    33  public health law; and  provided,  further,  that  the  commissioner  of
    34  health  shall  notify  the legislative bill drafting commission upon the
    35  occurrence of the enactment of the legislation provided for  in  section
    36  six  of  this  act in order that the commission may maintain an accurate
    37  and timely effective data base of the official text of the laws  of  the
    38  state  of  New  York  in  furtherance  of effectuating the provisions of
    39  section 44 of the legislative law and section 70-b of the  public  offi-
    40  cers law.
 
    41                                   PART K
 
    42    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
    43  of the laws of 1986, amending the civil practice law and rules and other
    44  laws  relating  to  malpractice  and  professional  medical  conduct, as
    45  amended by section 1 of part F of chapter 57 of the  laws  of  2023,  is
    46  amended to read as follows:
    47    (a)  The  superintendent of financial services and the commissioner of
    48  health or their designee shall, from funds  available  in  the  hospital
    49  excess liability pool created pursuant to subdivision 5 of this section,
    50  purchase  a policy or policies for excess insurance coverage, as author-
    51  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
    52  law; or from an insurer, other than an insurer described in section 5502
    53  of the insurance law, duly authorized to write such coverage and actual-
    54  ly  writing  medical  malpractice  insurance  in  this  state;  or shall

        A. 8807--B                         18
 
     1  purchase equivalent excess coverage in a form previously approved by the
     2  superintendent of financial services for purposes  of  providing  equiv-
     3  alent  excess  coverage  in accordance with section 19 of chapter 294 of
     4  the  laws of 1985, for medical or dental malpractice occurrences between
     5  July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
     6  between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
     7  30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
     8  and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
     9  1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
    10  between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
    11  30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
    12  and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
    13  1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
    14  between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
    15  30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
    16  and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
    17  1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
    18  between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
    19  30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
    20  and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
    21  1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
    22  between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
    23  30, 2018, between July 1, 2018 and June 30, 2019, between July  1,  2019
    24  and  June 30, 2020, between July 1, 2020 and June 30, 2021, between July
    25  1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023, [and]
    26  between July 1, 2023 and June 30, 2024, and between  July  1,  2024  and
    27  June  30,  2025  or  reimburse the hospital where the hospital purchases
    28  equivalent excess coverage as defined in subparagraph (i)  of  paragraph
    29  (a) of subdivision 1-a of this section for medical or dental malpractice
    30  occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988
    31  and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
    32  1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
    33  between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
    34  30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
    35  and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
    36  1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
    37  between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
    38  30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
    39  and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
    40  1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
    41  between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
    42  30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
    43  and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
    44  1, 2011 and June 30, 2012, between July  1,  2012  and  June  30,  2013,
    45  between  July  1,  2013 and June 30, 2014, between July 1, 2014 and June
    46  30, 2015, between July 1, 2015 and June 30, 2016, between July  1,  2016
    47  and  June 30, 2017, between July 1, 2017 and June 30, 2018, between July
    48  1, 2018 and June 30, 2019, between July  1,  2019  and  June  30,  2020,
    49  between  July  1,  2020 and June 30, 2021, between July 1, 2021 and June
    50  30, 2022, between July 1, 2022 and June 30, 2023, [and] between July  1,
    51  2023  and  June 30, 2024, and between July 1, 2024 and June 30, 2025 for
    52  physicians or dentists certified as eligible for  each  such  period  or
    53  periods  pursuant to subdivision 2 of this section by a general hospital
    54  licensed pursuant to article 28 of the public health law; provided  that
    55  no  single  insurer  shall  write  more  than fifty percent of the total
    56  excess premium for a given policy year; and provided, however, that such

        A. 8807--B                         19
 
     1  eligible physicians or dentists must have in force an individual policy,
     2  from an insurer licensed in this state of primary malpractice  insurance
     3  coverage  in  amounts of no less than one million three hundred thousand
     4  dollars  for  each  claimant  and  three  million  nine hundred thousand
     5  dollars for all claimants under that policy during the  period  of  such
     6  excess  coverage  for  such  occurrences  or  be  endorsed as additional
     7  insureds under a hospital professional liability policy which is offered
     8  through a voluntary attending physician ("channeling") program previous-
     9  ly permitted by the superintendent  of  financial  services  during  the
    10  period of such excess coverage for such occurrences. During such period,
    11  such  policy  for  excess  coverage  or  such equivalent excess coverage
    12  shall, when combined with the physician's or dentist's primary  malprac-
    13  tice insurance coverage or coverage provided through a voluntary attend-
    14  ing  physician  ("channeling")  program, total an aggregate level of two
    15  million three hundred thousand dollars for each claimant and six million
    16  nine hundred thousand dollars for all claimants from all  such  policies
    17  with  respect to occurrences in each of such years provided, however, if
    18  the cost of primary malpractice insurance  coverage  in  excess  of  one
    19  million  dollars,  but  below  the  excess medical malpractice insurance
    20  coverage provided pursuant to this act, exceeds the rate of nine percent
    21  per annum, then the required  level  of  primary  malpractice  insurance
    22  coverage  in excess of one million dollars for each claimant shall be in
    23  an amount of not less than the dollar amount of such coverage  available
    24  at  nine  percent per annum; the required level of such coverage for all
    25  claimants under that policy shall be in an amount not  less  than  three
    26  times the dollar amount of coverage for each claimant; and excess cover-
    27  age,  when  combined  with  such primary malpractice insurance coverage,
    28  shall increase the aggregate level for  each  claimant  by  one  million
    29  dollars  and  three  million  dollars  for  all  claimants; and provided
    30  further, that, with respect to policies of primary  medical  malpractice
    31  coverage  that  include  occurrences  between April 1, 2002 and June 30,
    32  2002, such requirement that coverage be in  amounts  no  less  than  one
    33  million  three  hundred  thousand  dollars  for  each claimant and three
    34  million nine hundred thousand dollars for all claimants for such  occur-
    35  rences shall be effective April 1, 2002.
    36    §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
    37  amending the civil practice law and rules and  other  laws  relating  to
    38  malpractice and professional medical conduct, as amended by section 2 of
    39  part F of chapter 57 of the laws of 2023, is amended to read as follows:
    40    (3)(a)  The  superintendent  of financial services shall determine and
    41  certify to each general hospital and to the commissioner of  health  the
    42  cost  of  excess malpractice insurance for medical or dental malpractice
    43  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
    44  and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
    45  1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
    46  between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
    47  30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
    48  and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
    49  1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
    50  between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
    51  30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
    52  and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
    53  1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
    54  between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
    55  30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
    56  and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July

        A. 8807--B                         20
 
     1  1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
     2  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
     3  30,  2015,  between July 1, 2015 and June 30, 2016, between July 1, 2016
     4  and  June 30, 2017, between July 1, 2017 and June 30, 2018, between July
     5  1, 2018 and June 30, 2019, between July  1,  2019  and  June  30,  2020,
     6  between  July  1,  2020 and June 30, 2021, between July 1, 2021 and June
     7  30, 2022, between July 1, 2022 and June 30, 2023, [and] between July  1,
     8  2023 and June 30, 2024, and between July 1, 2024 and June 30, 2025 allo-
     9  cable  to  each general hospital for physicians or dentists certified as
    10  eligible for purchase of a policy for excess insurance coverage by  such
    11  general  hospital  in accordance with subdivision 2 of this section, and
    12  may amend such determination and certification as necessary.
    13    (b) The superintendent  of  financial  services  shall  determine  and
    14  certify  to  each general hospital and to the commissioner of health the
    15  cost of excess malpractice insurance or equivalent excess  coverage  for
    16  medical  or dental malpractice occurrences between July 1, 1987 and June
    17  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
    18  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
    19  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
    20  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
    21  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
    22  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
    23  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
    24  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
    25  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    26  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    27  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    28  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    29  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    30  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    31  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    32  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    33  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    34  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
    35  1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
    36  between  July  1,  2021 and June 30, 2022, between July 1, 2022 and June
    37  30, 2023, [and] between July 1, 2023 and June 30, 2024, and between July
    38  1, 2024 and June 30, 2025 allocable to each general hospital for  physi-
    39  cians  or  dentists  certified  as eligible for purchase of a policy for
    40  excess insurance coverage or equivalent excess coverage by such  general
    41  hospital in accordance with subdivision 2 of this section, and may amend
    42  such determination and certification as necessary. The superintendent of
    43  financial  services shall determine and certify to each general hospital
    44  and to the commissioner of health the ratable share of such cost alloca-
    45  ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
    46  ary 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31,
    47  1988, to the period January 1, 1989 to June 30, 1989, to the period July
    48  1, 1989 to December 31, 1989, to the period January 1, 1990 to June  30,
    49  1990,  to  the  period  July 1, 1990 to December 31, 1990, to the period
    50  January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December
    51  31, 1991, to the period January 1, 1992 to June 30, 1992, to the  period
    52  July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June
    53  30, 1993, to the period July 1, 1993 to December 31, 1993, to the period
    54  January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
    55  31,  1994, to the period January 1, 1995 to June 30, 1995, to the period
    56  July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June

        A. 8807--B                         21
 
     1  30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
     2  January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
     3  31, 1997, to the period January 1, 1998 to June 30, 1998, to the  period
     4  July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
     5  30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
     6  January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
     7  31,  2000, to the period January 1, 2001 to June 30, 2001, to the period
     8  July 1, 2001 to June 30, 2002, to the period July 1, 2002  to  June  30,
     9  2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
    10  2004  to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
    11  the period July 1, 2006 and June 30, 2007, to the period  July  1,  2007
    12  and  June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
    13  period July 1, 2009 and June 30, 2010, to the period July  1,  2010  and
    14  June  30,  2011,  to  the  period July 1, 2011 and June 30, 2012, to the
    15  period July 1, 2012 and June 30, 2013, to the period July  1,  2013  and
    16  June  30,  2014,  to  the  period July 1, 2014 and June 30, 2015, to the
    17  period July 1, 2015 and June 30, 2016, to the period July  1,  2016  and
    18  June 30, 2017, to the period July 1, 2017 to June 30, 2018, to the peri-
    19  od July 1, 2018 to June 30, 2019, to the period July 1, 2019 to June 30,
    20  2020, to the period July 1, 2020 to June 30, 2021, to the period July 1,
    21  2021  to  June  30,  2022,  to the period July 1, 2022 to June 30, 2023,
    22  [and] to the period July 1, 2023 to June 30, 2024,  and  to  the  period
    23  July 1, 2024 to June 30, 2025.
    24    § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
    25  18  of  chapter 266 of the laws of 1986, amending the civil practice law
    26  and rules and  other  laws  relating  to  malpractice  and  professional
    27  medical  conduct, as amended by section 3 of part F of chapter 57 of the
    28  laws of 2023, are amended to read as follows:
    29    (a) To the extent funds available to  the  hospital  excess  liability
    30  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    31  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    32  time  to  time  be amended, which amended this subdivision, are insuffi-
    33  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    34  excess  coverage  for coverage periods during the period July 1, 1992 to
    35  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    36  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    37  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    38  during the period July 1, 1997 to June 30, 1998, during the period  July
    39  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    40  2000, during the period July 1, 2000 to June 30, 2001, during the period
    41  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    42  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    43  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    44  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
    45  during  the period July 1, 2006 to June 30, 2007, during the period July
    46  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
    47  2009, during the period July 1, 2009 to June 30, 2010, during the period
    48  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
    49  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
    50  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
    51  June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
    52  the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
    53  to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
    54  during the period July 1, 2019 to June 30, 2020, during the period  July
    55  1,  2020  to  June  30, 2021, during the period July 1, 2021 to June 30,
    56  2022, during the period July 1, 2022 to June 30, 2023, [and] during  the

        A. 8807--B                         22
 
     1  period July 1, 2023 to June 30, 2024, and during the period July 1, 2024
     2  to  June  30, 2025 allocated or reallocated in accordance with paragraph
     3  (a) of subdivision 4-a of this section to rates of payment applicable to
     4  state governmental agencies, each physician or dentist for whom a policy
     5  for excess insurance coverage or equivalent excess coverage is purchased
     6  for  such  period  shall  be  responsible for payment to the provider of
     7  excess insurance coverage or equivalent excess coverage of an  allocable
     8  share  of  such  insufficiency,  based on the ratio of the total cost of
     9  such coverage for such physician to the sum of the total  cost  of  such
    10  coverage for all physicians applied to such insufficiency.
    11    (b)  Each  provider  of excess insurance coverage or equivalent excess
    12  coverage covering the period July 1, 1992 to June 30, 1993, or  covering
    13  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    14  1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
    15  1996, or covering the period July 1, 1996 to June 30, 1997, or  covering
    16  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    17  1998  to  June 30, 1999, or covering the period July 1, 1999 to June 30,
    18  2000, or covering the period July 1, 2000 to June 30, 2001, or  covering
    19  the  period  July  1,  2001  to October 29, 2001, or covering the period
    20  April 1, 2002 to June 30, 2002, or covering the period July 1,  2002  to
    21  June  30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
    22  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    23  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    24  June 30, 2007, or covering the period July 1, 2007 to June 30, 2008,  or
    25  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
    26  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
    27  June  30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
    28  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    29  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    30  June 30, 2015, or covering the period July 1, 2015 to June 30, 2016,  or
    31  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    32  od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
    33  June  30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
    34  covering the period July 1, 2020 to June 30, 2021, or covering the peri-
    35  od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
    36  June 30, 2023, or covering the period July 1, 2023 to June 30, 2024,  or
    37  covering the period July 1, 2024 to June 30, 2025 shall notify a covered
    38  physician  or  dentist  by mail, mailed to the address shown on the last
    39  application for excess insurance coverage or equivalent excess coverage,
    40  of the amount due to such provider from such physician  or  dentist  for
    41  such coverage period determined in accordance with paragraph (a) of this
    42  subdivision.  Such amount shall be due from such physician or dentist to
    43  such provider of excess insurance coverage or equivalent excess coverage
    44  in a time and manner  determined  by  the  superintendent  of  financial
    45  services.
    46    (c)  If  a physician or dentist liable for payment of a portion of the
    47  costs of excess insurance coverage or equivalent excess coverage  cover-
    48  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
    49  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
    50  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
    51  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
    52  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    53  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
    54  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    55  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
    56  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,

        A. 8807--B                         23
 
     1  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
     2  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
     3  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
     4  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
     5  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
     6  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
     7  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
     8  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
     9  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
    10  2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
    11  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    12  2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
    13  2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
    14  the period July 1, 2020 to June 30, 2021, or covering the period July 1,
    15  2021 to June 30, 2022, or covering the period July 1, 2022 to  June  30,
    16  2023,  or covering the period July 1, 2023 to June 30, 2024, or covering
    17  the period July 1, 2024 to June 30, 2025 determined in  accordance  with
    18  paragraph  (a)  of  this  subdivision fails, refuses or neglects to make
    19  payment to the provider  of  excess  insurance  coverage  or  equivalent
    20  excess coverage in such time and manner as determined by the superinten-
    21  dent  of  financial  services pursuant to paragraph (b) of this subdivi-
    22  sion, excess insurance coverage or equivalent excess coverage  purchased
    23  for  such  physician or dentist in accordance with this section for such
    24  coverage period shall be cancelled and shall be null and void as of  the
    25  first  day  on  or  after  the commencement of a policy period where the
    26  liability for payment pursuant to this subdivision has not been met.
    27    (d) Each provider of excess insurance coverage  or  equivalent  excess
    28  coverage  shall  notify the superintendent of financial services and the
    29  commissioner of health or their designee of each physician  and  dentist
    30  eligible  for  purchase  of  a  policy  for excess insurance coverage or
    31  equivalent excess coverage covering the period July 1, 1992 to June  30,
    32  1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
    33  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    34  1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
    35  1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
    36  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    37  1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
    38  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    39  ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
    40  July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
    41  June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
    42  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
    43  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
    44  June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
    45  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
    46  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
    47  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
    48  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
    49  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
    50  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
    51  covering the period July 1, 2017 to June 30, 2018, or covering the peri-
    52  od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
    53  June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
    54  covering the period July 1, 2021 to June 30, 2022, or covering the peri-
    55  od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to
    56  June 30, 2024, or covering the period July 1, 2024 to June 30, 2025 that

        A. 8807--B                         24
 
     1  has made payment to such provider of excess insurance coverage or equiv-
     2  alent excess coverage in accordance with paragraph (b) of this  subdivi-
     3  sion  and  of  each  physician  and  dentist  who has failed, refused or
     4  neglected to make such payment.
     5    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
     6  coverage shall refund to the hospital excess liability pool  any  amount
     7  allocable to the period July 1, 1992 to June 30, 1993, and to the period
     8  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
     9  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
    10  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
    11  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
    12  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    13  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
    14  and to the period April 1, 2002 to June 30, 2002, and to the period July
    15  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
    16  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    17  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
    18  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
    19  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
    20  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
    21  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    22  to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
    23  to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
    24  2015  to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
    25  to the period July 1, 2017 to June 30, 2018, and to the period  July  1,
    26  2018  to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
    27  and to the period July 1, 2020 to June 30, 2021, and to the period  July
    28  1,  2021  to  June  30, 2022, and to the period July 1, 2022 to June 30,
    29  2023, and to the period July 1, 2023 to June 30, 2024, and to the period
    30  July 1, 2024 to June 30, 2025 received from the hospital excess  liabil-
    31  ity  pool for purchase of excess insurance coverage or equivalent excess
    32  coverage covering the period July 1, 1992 to June 30, 1993, and covering
    33  the period July 1, 1993 to June 30, 1994, and covering the  period  July
    34  1,  1994  to June 30, 1995, and covering the period July 1, 1995 to June
    35  30, 1996, and covering the period July 1, 1996 to  June  30,  1997,  and
    36  covering  the  period  July  1,  1997 to June 30, 1998, and covering the
    37  period July 1, 1998 to June 30, 1999, and covering the  period  July  1,
    38  1999  to June 30, 2000, and covering the period July 1, 2000 to June 30,
    39  2001, and covering the period July 1, 2001  to  October  29,  2001,  and
    40  covering  the  period  April  1, 2002 to June 30, 2002, and covering the
    41  period July 1, 2002 to June 30, 2003, and covering the  period  July  1,
    42  2003  to June 30, 2004, and covering the period July 1, 2004 to June 30,
    43  2005, and covering the period July 1, 2005 to June 30, 2006, and  cover-
    44  ing  the  period  July 1, 2006 to June 30, 2007, and covering the period
    45  July 1, 2007 to June 30, 2008, and covering the period July 1,  2008  to
    46  June  30,  2009,  and covering the period July 1, 2009 to June 30, 2010,
    47  and covering the period July 1, 2010 to June 30, 2011, and covering  the
    48  period  July  1,  2011 to June 30, 2012, and covering the period July 1,
    49  2012 to June 30, 2013, and covering the period July 1, 2013 to June  30,
    50  2014,  and covering the period July 1, 2014 to June 30, 2015, and cover-
    51  ing the period July 1, 2015 to June 30, 2016, and  covering  the  period
    52  July  1,  2016 to June 30, 2017, and covering the period July 1, 2017 to
    53  June 30, 2018, and covering the period July 1, 2018 to  June  30,  2019,
    54  and  covering the period July 1, 2019 to June 30, 2020, and covering the
    55  period July 1, 2020 to June 30, 2021, and covering the  period  July  1,
    56  2021  to June 30, 2022, and covering the period July 1, 2022 to June 30,

        A. 8807--B                         25
 
     1  2023 for, and covering the period July 1, 2023 to  June  30,  2024,  and
     2  covering the period July 1, 2024 to June 30, 2025 a physician or dentist
     3  where  such  excess  insurance coverage or equivalent excess coverage is
     4  cancelled in accordance with paragraph (c) of this subdivision.
     5    § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
     6  practice  law  and  rules  and  other  laws  relating to malpractice and
     7  professional medical conduct, as amended by section 4 of part F of chap-
     8  ter 57 of the laws of 2023, is amended to read as follows:
     9    § 40. The superintendent of financial services shall  establish  rates
    10  for  policies  providing  coverage  for  physicians and surgeons medical
    11  malpractice for the periods commencing July 1, 1985 and ending June  30,
    12  [2024] 2025; provided, however, that notwithstanding any other provision
    13  of  law,  the superintendent shall not establish or approve any increase
    14  in rates for the period commencing July 1,  2009  and  ending  June  30,
    15  2010.  The  superintendent shall direct insurers to establish segregated
    16  accounts for premiums, payments, reserves and investment income  attrib-
    17  utable to such premium periods and shall require periodic reports by the
    18  insurers  regarding  claims and expenses attributable to such periods to
    19  monitor whether such accounts will be sufficient to meet incurred claims
    20  and expenses. On or after July 1, 1989, the superintendent shall  impose
    21  a  surcharge  on  premiums  to  satisfy  a  projected deficiency that is
    22  attributable to the premium levels established pursuant to this  section
    23  for  such  periods;  provided, however, that such annual surcharge shall
    24  not exceed eight percent of the established rate until  July  1,  [2024]
    25  2025, at which time and thereafter such surcharge shall not exceed twen-
    26  ty-five  percent  of  the  approved  adequate rate, and that such annual
    27  surcharges shall continue for such period of time as shall be sufficient
    28  to satisfy such deficiency. The superintendent  shall  not  impose  such
    29  surcharge  during the period commencing July 1, 2009 and ending June 30,
    30  2010. On and after July  1,  1989,  the  surcharge  prescribed  by  this
    31  section  shall  be  retained by insurers to the extent that they insured
    32  physicians and surgeons during the July 1, 1985 through June 30,  [2024]
    33  2025  policy  periods;  in  the  event  and to the extent physicians and
    34  surgeons were insured by another insurer during such periods, all  or  a
    35  pro  rata  share of the surcharge, as the case may be, shall be remitted
    36  to such other insurer in accordance with rules  and  regulations  to  be
    37  promulgated by the superintendent.  Surcharges collected from physicians
    38  and  surgeons  who  were not insured during such policy periods shall be
    39  apportioned among all insurers in proportion to the premium  written  by
    40  each  insurer  during such policy periods; if a physician or surgeon was
    41  insured by an insurer subject to rates established by the superintendent
    42  during such policy periods, and  at  any  time  thereafter  a  hospital,
    43  health  maintenance organization, employer or institution is responsible
    44  for responding in damages for liability arising out of such  physician's
    45  or  surgeon's  practice  of medicine, such responsible entity shall also
    46  remit to such prior insurer the equivalent amount  that  would  then  be
    47  collected  as  a  surcharge if the physician or surgeon had continued to
    48  remain insured by such prior insurer. In  the  event  any  insurer  that
    49  provided  coverage  during  such  policy  periods is in liquidation, the
    50  property/casualty insurance security fund shall receive the  portion  of
    51  surcharges to which the insurer in liquidation would have been entitled.
    52  The surcharges authorized herein shall be deemed to be income earned for
    53  the  purposes of section 2303 of the insurance law.  The superintendent,
    54  in establishing adequate rates and in determining  any  projected  defi-
    55  ciency  pursuant  to  the requirements of this section and the insurance
    56  law, shall give substantial weight, determined  in  his  discretion  and

        A. 8807--B                         26
 
     1  judgment,  to  the  prospective  anticipated  effect  of any regulations
     2  promulgated and laws enacted and the  public  benefit  of    stabilizing
     3  malpractice rates and minimizing rate level fluctuation during the peri-
     4  od  of  time  necessary for the development of more reliable statistical
     5  experience as to the efficacy of such  laws  and  regulations  affecting
     6  medical, dental or podiatric malpractice enacted or promulgated in 1985,
     7  1986,  by this act and at any other time.  Notwithstanding any provision
     8  of the insurance law, rates already established and to be established by
     9  the superintendent pursuant to this section are deemed adequate if  such
    10  rates  would be adequate when taken together with the maximum authorized
    11  annual surcharges to be imposed for a reasonable period of time  whether
    12  or  not  any  such  annual surcharge has been actually imposed as of the
    13  establishment of such rates.
    14    § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
    15  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
    16  1986, amending the civil practice law and rules and other laws  relating
    17  to malpractice and professional medical conduct, as amended by section 5
    18  of  part  F  of  chapter  57 of the laws of 2023, are amended to read as
    19  follows:
    20    § 5. The superintendent of financial services and the commissioner  of
    21  health shall determine, no later than June 15, 2002, June 15, 2003, June
    22  15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
    23  June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
    24  2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
    25  15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  June  15,  2022,
    26  June  15,  2023,  [and]  June  15, 2024, and June 15, 2025 the amount of
    27  funds available in the hospital excess liability pool, created  pursuant
    28  to section 18 of chapter 266 of the laws of 1986, and whether such funds
    29  are  sufficient for purposes of purchasing excess insurance coverage for
    30  eligible participating physicians and dentists during the period July 1,
    31  2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003
    32  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,  2005  to
    33  June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June
    34  30,  2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30,
    35  2010, or July 1, 2010 to June 30, 2011, or July  1,  2011  to  June  30,
    36  2012,  or  July  1,  2012  to June 30, 2013, or July 1, 2013 to June 30,
    37  2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
    38  2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
    39  2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
    40  2020,  or  July  1,  2020  to June 30, 2021, or July 1, 2021 to June 30,
    41  2022, or July 1, 2022 to June 30, 2023, or July  1,  2023  to  June  30,
    42  2024, or July 1, 2024 to June 30, 2025 as applicable.
    43    (a)  This section shall be effective only upon a determination, pursu-
    44  ant to section five of this act,  by  the  superintendent  of  financial
    45  services  and  the  commissioner  of health, and a certification of such
    46  determination to the state director of the  budget,  the  chair  of  the
    47  senate  committee  on finance and the chair of the assembly committee on
    48  ways and means, that the amount of funds in the hospital excess  liabil-
    49  ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
    50  1986, is insufficient for purposes of purchasing excess insurance cover-
    51  age for eligible participating physicians and dentists during the period
    52  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
    53  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
    54  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    55  to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
    56  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June

        A. 8807--B                         27
 
     1  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
     2  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
     3  2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
     4  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
     5  2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
     6  2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2024
     7  , or July 1, 2024 to June 30, 2025 as applicable.
     8    (e)  The  commissioner  of  health  shall  transfer for deposit to the
     9  hospital excess liability pool created pursuant to section 18 of chapter
    10  266 of the laws of 1986 such amounts as directed by  the  superintendent
    11  of  financial  services  for  the purchase of excess liability insurance
    12  coverage for eligible participating  physicians  and  dentists  for  the
    13  policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
    14  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
    15  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    16  2007, as applicable, and the cost of administering the  hospital  excess
    17  liability pool for such applicable policy year,  pursuant to the program
    18  established  in  chapter  266  of the laws of 1986, as amended, no later
    19  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
    20  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    21  June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
    22  2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
    23  15, 2020, June 15, 2021, June 15, 2022, June 15, 2023,  [and]  June  15,
    24  2024, and June 15, 2025 as applicable.
    25    §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
    26  the New York Health Care Reform Act of 1996 and other laws  relating  to
    27  extending  certain provisions thereto, as amended by section 6 of part F
    28  of chapter 57 of the laws of 2023, is amended to read as follows:
    29    § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
    30  only  physicians  or dentists who were eligible, and for whom the super-
    31  intendent of financial services and the commissioner of health, or their
    32  designee, purchased, with funds available in the hospital excess liabil-
    33  ity pool, a full or partial policy for  excess  coverage  or  equivalent
    34  excess  coverage  for  the coverage period ending the thirtieth of June,
    35  two thousand [twenty-three] twenty-four, shall be eligible to apply  for
    36  such  coverage  for the coverage period beginning the first of July, two
    37  thousand [twenty-three] twenty-four; provided,  however,  if  the  total
    38  number of physicians or dentists for whom such excess coverage or equiv-
    39  alent excess coverage was purchased for the policy year ending the thir-
    40  tieth of June, two thousand [twenty-three] twenty-four exceeds the total
    41  number  of physicians or dentists certified as eligible for the coverage
    42  period beginning the first of July, two thousand [twenty-three]  twenty-
    43  four,  then the general hospitals may certify additional eligible physi-
    44  cians or dentists in a number equal to such general  hospital's  propor-
    45  tional  share  of  the  total  number of physicians or dentists for whom
    46  excess coverage or equivalent excess coverage was purchased  with  funds
    47  available  in  the hospital excess liability pool as of the thirtieth of
    48  June, two thousand [twenty-three] twenty-four, as applied to the differ-
    49  ence between the number of eligible physicians or dentists  for  whom  a
    50  policy  for  excess coverage or equivalent excess coverage was purchased
    51  for the coverage period ending  the  thirtieth  of  June,  two  thousand
    52  [twenty-three] twenty-four and the number of such eligible physicians or
    53  dentists  who  have  applied  for  excess  coverage or equivalent excess
    54  coverage for the coverage period beginning the first of July, two  thou-
    55  sand [twenty-three] twenty-four.

        A. 8807--B                         28
 
     1    §  7.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2024.
 
     3                                   PART L
 
     4                            Intentionally Omitted
 
     5                                   PART M
 
     6    Section 1. Subparagraph 3 of paragraph (b) of subdivision 4 of section
     7  366 of the social services law, as added by section 2 of part D of chap-
     8  ter 56 of the laws of 2013, is amended to read as follows:
     9    (3) (A) A child [under] between the [age] ages of six and nineteen who
    10  is  determined  eligible  for medical assistance under the provisions of
    11  this section, shall, consistent with  applicable  federal  requirements,
    12  remain eligible for such assistance until [the earlier of:
    13    (i)]  the  last  day of the month which is twelve months following the
    14  determination [or redetermination] or renewal of  eligibility  for  such
    15  assistance[; or
    16    (ii)  the  last day of the month in which the child reaches the age of
    17  nineteen].
    18    (B) A child under the age  of  six  who  is  determined  eligible  for
    19  medical assistance under the provisions of this section, shall, consist-
    20  ent  with  applicable federal requirements, remain continuously eligible
    21  for medical assistance coverage until the later of:
    22    (i) the last day of the twelfth month following the  determination  or
    23  renewal of eligibility for such assistance; or
    24    (ii)  the  last day of the month in which the child reaches the age of
    25  six;
    26    (C) Notwithstanding clause (B) of this subparagraph, a child under the
    27  age of six may, at the election of the child's parent or legally respon-
    28  sible adult, enroll in the child health insurance plan under title one-A
    29  of article twenty-five of the public health law if the child is eligible
    30  to enroll in such plan.
    31    § 2. Subdivision 6 of section 2510 of the public health law is amended
    32  by adding two new paragraphs (e) and (f) to read as follows:
    33    (e) an eligible child under six years of age  shall,  consistent  with
    34  applicable  federal requirements, remain continuously enrolled until the
    35  later of:
    36    (i) the last day of the twelfth month following the date of enrollment
    37  or recertification in the child health insurance plan; or
    38    (ii) the last day of the month in which the child reaches the  age  of
    39  six;
    40    (f)  notwithstanding  paragraph (e) of this subdivision, a child under
    41  the age of six may, at the election of the  child's  parent  or  legally
    42  responsible  adult, enroll in the medical assistance program under title
    43  eleven of article five of the social services law if the child is eligi-
    44  ble to enroll in such plan.
    45    § 3. This act shall take effect January 1, 2025.
 
    46                                   PART N
 
    47                            Intentionally Omitted

        A. 8807--B                         29
 
     1                                   PART O
 
     2                            Intentionally Omitted
 
     3                                   PART P

     4    Section  1.  Section  8  of  part  C of chapter 57 of the laws of 2022
     5  amending the public health law and the education law relating to  allow-
     6  ing  pharmacists  to  direct  limited service laboratories and order and
     7  administer COVID-19 and influenza tests and  modernizing  nurse  practi-
     8  tioners, is amended to read as follows:
     9    §  8.  This  act  shall take effect immediately and shall be deemed to
    10  have been in full force and effect on and after April 1, 2022; provided,
    11  however, that sections one, two, three, four, six and seven of this  act
    12  shall  expire  and  be  deemed  repealed  [two years after it shall have
    13  become a law] July 1, 2026.
    14    § 2. Section 5 of chapter 21 of the laws of 2011 amending  the  educa-
    15  tion  law  relating  to authorizing pharmacists to perform collaborative
    16  drug therapy management with physicians in certain settings, as  amended
    17  by section 5 of part CC of chapter 57 of the laws of 2022, is amended to
    18  read as follows:
    19    § 5. This act shall take effect on the one hundred twentieth day after
    20  it  shall  have  become a law, provided, however, that the provisions of
    21  sections two, three, and four of this act shall  expire  and  be  deemed
    22  repealed  July 1, [2024] 2026; provided, however, that the amendments to
    23  subdivision 1 of section 6801 of the education law made by  section  one
    24  of  this  act  shall  be subject to the expiration and reversion of such
    25  subdivision pursuant to section 8 of chapter 563 of the  laws  of  2008,
    26  when  upon  such  date the provisions of section one-a of this act shall
    27  take effect; provided, further, that effective  immediately,  the  addi-
    28  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    29  the implementation of this act on its effective date are authorized  and
    30  directed to be made and completed on or before such effective date.
    31    §  3.  This  act  shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after April 1, 2024.
 
    33                                   PART Q
 
    34                            Intentionally Omitted
 
    35                                   PART R
 
    36                            Intentionally Omitted
 
    37                                   PART S
 
    38                            Intentionally Omitted
 
    39                                   PART T
 
    40                            Intentionally Omitted

        A. 8807--B                         30
 
     1                                   PART U

     2                            Intentionally Omitted
 
     3                                   PART V
 
     4                            Intentionally Omitted
 
     5                                   PART W
 
     6                            Intentionally Omitted
 
     7                                   PART X
 
     8                            Intentionally Omitted
 
     9                                   PART Y
 
    10    Section  1.  Section  7  of part R2 of chapter 62 of the laws of 2003,
    11  amending the mental hygiene law and the state finance  law  relating  to
    12  the  community mental health support and workforce reinvestment program,
    13  the membership of subcommittees for mental health of community  services
    14  boards  and  the duties of such subcommittees and creating the community
    15  mental health and workforce reinvestment account, as amended by  section
    16  1  of  part  W  of chapter 57 of the laws of 2021, is amended to read as
    17  follows:
    18    § 7. This act shall take effect immediately and shall expire March 31,
    19  [2024] 2027 when upon such date the provisions  of  this  act  shall  be
    20  deemed repealed.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART Z
 
    23    Section  1.  Section  2  of part NN of chapter 58 of the laws of 2015,
    24  amending the mental hygiene law relating to clarifying the authority  of
    25  the  commissioners  in  the  department  of mental hygiene to design and
    26  implement time-limited demonstration programs, as amended by  section  1
    27  of  part  V  of  chapter  57  of the laws of 2021, is amended to read as
    28  follows:
    29    § 2. This act shall take effect immediately and shall  expire  and  be
    30  deemed repealed March 31, [2024] 2025.
    31    § 2. This act shall take effect immediately.

    32                                   PART AA
 
    33    Section  1.  Paragraph  31  of  subsection  (i) of section 3216 of the
    34  insurance law is amended by adding a new subparagraph  (J)  to  read  as
    35  follows:
    36    (J) This subparagraph shall apply to facilities in this state that are
    37  licensed,  certified, or otherwise authorized by the office of addiction
    38  services and supports for the provision of outpatient, intensive  outpa-
    39  tient,  outpatient  rehabilitation and opioid treatment that are partic-
    40  ipating in the insurer's provider  network.  Reimbursement  for  covered

        A. 8807--B                         31
 
     1  outpatient  treatments  provided  by  such  facilities shall be at rates
     2  negotiated between the insurer and the participating facility,  provided
     3  that  such  rates  are not less than the annual rates that would be paid
     4  for  such  treatments  pursuant  to the medical assistance program under
     5  title eleven of article  five  of  the  social  services  law.  For  the
     6  purposes  of  this subparagraph, the annual rates that would be paid for
     7  covered  outpatient  treatments  provided  by  participating  facilities
     8  pursuant to the medical assistance program under title eleven of article
     9  five    of  the  social services law shall be set annually no later than
    10  April first of each  year  for  the  reimbursement  of  such  treatments
    11  provided  during the subsequent calendar year. No further adjustments to
    12  such rates shall be made for each calendar year.
    13    § 2. Paragraph 35 of subsection (i) of section 3216 of  the  insurance
    14  law is amended by adding a new subparagraph (K) to read as follows:
    15    (K) This subparagraph shall apply to outpatient treatments provided in
    16  a facility issued an operating certificate by the commissioner of mental
    17  health  pursuant  to  the provisions of article thirty-one of the mental
    18  hygiene law, or in a facility operated by the office of  mental  health,
    19  or  in  a crisis stabilization center licensed pursuant to section 36.01
    20  of the mental hygiene  law,  that  is  participating  in  the  insurer's
    21  provider   network.  Reimbursement  for  covered  outpatient  treatments
    22  provided by such a facility shall be at  rates  negotiated  between  the
    23  insurer and the participating facility, provided that such rates are not
    24  less than the annual rates that would be paid for such treatments pursu-
    25  ant to the medical assistance program under title eleven of article five
    26  of  the social services law.  For the purposes of this subparagraph, the
    27  annual rates that  would  be  paid  for  covered  outpatient  treatments
    28  provided  by participating facilities pursuant to the medical assistance
    29  program under title eleven of article five of the  social  services  law
    30  shall  be  set  annually  no later than April first of each year for the
    31  reimbursement of such treatments provided during the subsequent calendar
    32  year. No further adjustments to such rates shall be made for each calen-
    33  dar year.
    34    § 3. Paragraph 5 of subsection (l) of section 3221  of  the  insurance
    35  law is amended by adding a new subparagraph (K) to read as follows:
    36    (K) This subparagraph shall apply to outpatient treatments provided in
    37  a facility issued an operating certificate by the commissioner of mental
    38  health  pursuant  to  the provisions of article thirty-one of the mental
    39  hygiene law, or in a facility operated by the office of  mental  health,
    40  or  in  a crisis stabilization center licensed pursuant to section 36.01
    41  of the mental hygiene  law,  that  is  participating  in  the  insurer's
    42  provider   network.  Reimbursement  for  covered  outpatient  treatments
    43  provided by such a facility shall be at  rates  negotiated  between  the
    44  insurer and the participating facility, provided that such rates are not
    45  less than the annual rates that would be paid for such treatments pursu-
    46  ant to the medical assistance program under title eleven of article five
    47  of  the social services law.  For the purposes of this subparagraph, the
    48  annual rates that  would  be  paid  for  covered  outpatient  treatments
    49  provided  by participating facilities pursuant to the medical assistance
    50  program under title eleven of article five of the  social  services  law
    51  shall  be  set  annually  no later than April first of each year for the
    52  reimbursement of such treatments provided during the subsequent calendar
    53  year. No further adjustments to such rates shall be made for each calen-
    54  dar year.
    55    § 4. Paragraph 7 of subsection (l) of section 3221  of  the  insurance
    56  law is amended by adding a new subparagraph (J) to read as follows:

        A. 8807--B                         32
 
     1    (J) This subparagraph shall apply to facilities in this state that are
     2  licensed,  certified, or otherwise authorized by the office of addiction
     3  services and supports for the provision of outpatient, intensive  outpa-
     4  tient,  outpatient  rehabilitation and opioid treatment that are partic-
     5  ipating  in  the  insurer's  provider network. Reimbursement for covered
     6  outpatient treatments provided by such  facilities  shall  be  at  rates
     7  negotiated  between the insurer and the participating facility, provided
     8  that such rates are not less than the annual rates that  would  be  paid
     9  for  such  treatments  pursuant  to the medical assistance program under
    10  title eleven of article five of  the  social  services  law.    For  the
    11  purposes  of  this subparagraph, the annual rates that would be paid for
    12  covered  outpatient  treatments  provided  by  participating  facilities
    13  pursuant to the medical assistance program under title eleven of article
    14  five  of  the  social  services  law shall be set annually no later than
    15  April first of each  year  for  the  reimbursement  of  such  treatments
    16  provided  during the subsequent calendar year. No further adjustments to
    17  such rates shall be made for each calendar year.
    18    § 5. Subsection (g) of section 4303 of the insurance law is amended by
    19  adding a new paragraph 12 to read as follows:
    20    (12) This paragraph shall apply to outpatient treatments provided in a
    21  facility issued an operating certificate by the commissioner  of  mental
    22  health  pursuant  to  the provisions of article thirty-one of the mental
    23  hygiene law, or in a facility operated by the office of  mental  health,
    24  or  in  a crisis stabilization center licensed pursuant to section 36.01
    25  of the mental hygiene law, that is participating  in  the  corporation's
    26  provider   network.  Reimbursement  for  covered  outpatient  treatments
    27  provided by such facility shall  be  at  rates  negotiated  between  the
    28  corporation and the participating facility, provided that such rates are
    29  not  less  than  the annual rates that would be paid for such treatments
    30  pursuant to the medical assistance program under title eleven of article
    31  five of the social services law. For the purposes of this paragraph, the
    32  annual rates that  would  be  paid  for  covered  outpatient  treatments
    33  provided  by participating facilities pursuant to the medical assistance
    34  program under title eleven of article five of the  social  services  law
    35  shall  be  set  annually  no later than April first of each year for the
    36  reimbursement of such treatments provided during the subsequent calendar
    37  year. No further adjustments to such rates shall be made for each calen-
    38  dar year.
    39    § 6. Subsection (l) of section 4303 of the insurance law is amended by
    40  adding a new paragraph 10 to read as follows:
    41    (10) This paragraph shall apply to facilities in this state  that  are
    42  licensed,  certified, or otherwise authorized by the office of addiction
    43  services and supports for the provision of outpatient, intensive  outpa-
    44  tient,  outpatient  rehabilitation and opioid treatment that are partic-
    45  ipating in the corporation's provider network. Reimbursement for covered
    46  outpatient treatments provided by such  facilities  shall  be  at  rates
    47  negotiated  between  the  corporation  and  the  participating facility,
    48  provided that such rates are not less than the annual rates  that  would
    49  be  paid  for such treatments pursuant to the medical assistance program
    50  under title eleven of article five of the social services law.  For  the
    51  purposes  of  this  paragraph,  the  annual rates that would be paid for
    52  covered  outpatient  treatments  provided  by  participating  facilities
    53  pursuant to the medical assistance program under title eleven of article
    54  five  of  the  social  services  law shall be set annually no later than
    55  April first of each  year  for  the  reimbursement  of  such  treatments

        A. 8807--B                         33
 
     1  provided  during the subsequent calendar year. No further adjustments to
     2  such rates shall be made for each calendar year.
     3    §  7.  This  act  shall take effect January 1, 2025 and shall apply to
     4  policies and contracts issued, renewed, modified, altered, or amended on
     5  and after such date.
 
     6                                   PART BB
 
     7    Section 1. Sections 19 and 21 of chapter  723  of  the  laws  of  1989
     8  amending the mental hygiene law and other laws relating to comprehensive
     9  psychiatric  emergency  programs, as amended by section 1 of part PPP of
    10  chapter 58 of the laws of 2020, are amended to read as follows:
    11    § 19. Notwithstanding any other provision of law, the commissioner  of
    12  mental health shall, until July 1, [2024] 2028, be solely authorized, in
    13  his  or  her  discretion,  to  designate  those general hospitals, local
    14  governmental units and voluntary agencies which may apply and be consid-
    15  ered for the approval and issuance of an operating certificate  pursuant
    16  to  article  31 of the mental hygiene law for the operation of a compre-
    17  hensive psychiatric emergency program.
    18    § 21. This act shall take effect immediately, and  sections  one,  two
    19  and  four  through  twenty  of  this  act shall remain in full force and
    20  effect, until July 1, [2024] 2028, at  which  time  the  amendments  and
    21  additions  made  by  such  sections  of  this  act shall be deemed to be
    22  repealed, and any provision of law amended by any of  such  sections  of
    23  this  act  shall revert to its text as it existed prior to the effective
    24  date of this act.
    25    § 2. This act shall take effect immediately; provided that the  amend-
    26  ments  to  section 19 of chapter 723 of the laws of 1989 made by section
    27  one of this act shall not affect the repeal of such section and shall be
    28  deemed repealed therewith.
 
    29                                   PART CC
 
    30                            Intentionally Omitted
 
    31                                   PART DD

    32    Section 1. Section 3 of part A of chapter 111  of  the  laws  of  2010
    33  amending  the  mental hygiene law relating to the receipt of federal and
    34  state benefits received by  individuals  receiving  care  in  facilities
    35  operated by an office of the department of mental hygiene, as amended by
    36  section  1  of  part  T of chapter 57 of the laws of 2021, is amended to
    37  read as follows:
    38    § 3. This act shall take effect immediately; and shall expire  and  be
    39  deemed repealed June 30, [2024] 2027.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART EE
 
    42                            Intentionally Omitted
 
    43                                   PART FF

        A. 8807--B                         34
 
     1    Section  1. 1. Subject to available appropriations and approval of the
     2  director of the budget,  the  commissioners  of  the  office  of  mental
     3  health,  office  for  people  with developmental disabilities, office of
     4  addiction services and supports,  office  of  temporary  and  disability
     5  assistance, office of children and family services, and the state office
     6  for  the  aging  shall  establish  a state fiscal year 2024-2025 cost of
     7  living adjustment (COLA), effective April 1, 2024,  for  projecting  for
     8  the effects of inflation upon rates of payments, contracts, or any other
     9  form of reimbursement for the programs and services listed in paragraphs
    10  (i),  (ii),  (iii),  (iv),  (v),  and  (vi)  of subdivision four of this
    11  section. The COLA established herein shall be applied to the appropriate
    12  portion of reimbursable costs or contract  amounts.  Where  appropriate,
    13  transfers  to the department of health (DOH) shall be made as reimburse-
    14  ment for the state share of medical assistance.
    15    2. Notwithstanding any inconsistent provision of law, subject  to  the
    16  approval  of  the  director  of  the budget and available appropriations
    17  therefor, for the period of April 1, 2024 through March  31,  2025,  the
    18  commissioners  shall  provide  funding to support a three and two-tenths
    19  percent (3.2%) cost of living adjustment  under  this  section  for  all
    20  eligible  programs  and  services  as determined pursuant to subdivision
    21  four of this section.
    22    3. Notwithstanding any inconsistent provision of law, and as  approved
    23  by the director of the budget, the 3.2 percent cost of living adjustment
    24  (COLA) established herein shall be inclusive of all other cost of living
    25  type  increases,  inflation  factors,  or  trend  factors that are newly
    26  applied effective April 1, 2024. Except for  the  3.2  percent  cost  of
    27  living  adjustment  (COLA) established herein, for the period commencing
    28  on April 1, 2024 and ending March 31, 2025 the commissioners  shall  not
    29  apply any other new cost of living adjustments for the purpose of estab-
    30  lishing rates of payments, contracts or any other form of reimbursement.
    31  The  phrase "all other cost of living type increases, inflation factors,
    32  or trend factors" as defined  in  this  subdivision  shall  not  include
    33  payments  made pursuant to the American Rescue Plan Act or other federal
    34  relief programs related  to  the  Coronavirus  Disease  2019  (COVID-19)
    35  pandemic public health emergency. This subdivision shall not prevent the
    36  office  of  children  and family services from applying additional trend
    37  factors or staff retention factors to  eligible  programs  and  services
    38  under paragraph (v) of subdivision four of this section.
    39    4.  Eligible  programs and services. (i) Programs and services funded,
    40  licensed, or certified by the office of mental health (OMH) eligible for
    41  the cost  of  living  adjustment  established  herein,  pending  federal
    42  approval  where  applicable,  include:  office of mental health licensed
    43  outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
    44  the office of mental health regulations including clinic, continuing day
    45  treatment, day treatment,  intensive  outpatient  programs  and  partial
    46  hospitalization;   outreach;  crisis  residence;  crisis  stabilization,
    47  crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
    48  emergency  program  services;  crisis  intervention;  home  based crisis
    49  intervention; family care; supported single  room  occupancy;  supported
    50  housing;  supported  housing  community  services; treatment congregate;
    51  supported  congregate;  community  residence  -  children   and   youth;
    52  treatment/apartment;  supported  apartment;  community  residence single
    53  room occupancy; on-site rehabilitation; employment programs; recreation;
    54  respite care; transportation;  psychosocial  club;  assertive  community
    55  treatment;  case  management;  care  coordination, including health home
    56  plus services; local  government  unit  administration;  monitoring  and

        A. 8807--B                         35
 
     1  evaluation;  children  and  youth  vocational  services; single point of
     2  access; school-based mental health program; family support children  and
     3  youth;  advocacy/support  services;  drop  in centers; recovery centers;
     4  transition management services; bridger; home and community based waiver
     5  services;  behavioral  health waiver services authorized pursuant to the
     6  section 1115 MRT waiver; self-help programs; consumer  service  dollars;
     7  conference  of local mental hygiene directors; multicultural initiative;
     8  ongoing integrated supported employment services;  supported  education;
     9  mentally   ill/chemical  abuse  (MICA)  network;  personalized  recovery
    10  oriented services; children and family treatment and  support  services;
    11  residential treatment facilities operating pursuant to part 584 of title
    12  14-NYCRR;   geriatric  demonstration  programs;  community-based  mental
    13  health family treatment  and  support;  coordinated  children's  service
    14  initiative; homeless services; and promises zone.
    15    (ii)  Programs  and  services  funded,  licensed,  or certified by the
    16  office for people with developmental disabilities (OPWDD)  eligible  for
    17  the  cost  of  living  adjustment  established  herein,  pending federal
    18  approval where applicable, include: local/unified services; chapter  620
    19  services;  voluntary operated community residential services; article 16
    20  clinics; day treatment  services;  family  support  services;  100%  day
    21  training;  epilepsy services; traumatic brain injury services; hepatitis
    22  B services;  independent  practitioner  services  for  individuals  with
    23  intellectual  and/or  developmental  disabilities;  crisis  services for
    24  individuals with intellectual and/or developmental disabilities;  family
    25  care  residential  habilitation;  supervised  residential  habilitation;
    26  supportive residential habilitation; respite; day habilitation; prevoca-
    27  tional services; supported employment; community habilitation;  interme-
    28  diate  care  facility  day and residential services; specialty hospital;
    29  pathways to employment; intensive behavioral services; community transi-
    30  tion services;  family  education  and  training;  fiscal  intermediary;
    31  support broker; and personal resource accounts.
    32    (iii)  Programs  and  services  funded,  licensed, or certified by the
    33  office of addiction services and supports (OASAS) eligible for the  cost
    34  of  living adjustment established herein, pending federal approval where
    35  applicable, include: medically supervised withdrawal services - residen-
    36  tial; medically supervised withdrawal services -  outpatient;  medically
    37  managed  detoxification; medically monitored withdrawal; inpatient reha-
    38  bilitation services; outpatient  opioid  treatment;  residential  opioid
    39  treatment; KEEP units outpatient; residential opioid treatment to absti-
    40  nence;  problem  gambling  treatment;  medically  supervised outpatient;
    41  outpatient  rehabilitation;   specialized   services   substance   abuse
    42  programs;  home and community based waiver services pursuant to subdivi-
    43  sion 9 of section 366 of the social services law;  children  and  family
    44  treatment and support services; continuum of care rental assistance case
    45  management;  NY/NY  III  post-treatment  housing;  NY/NY III housing for
    46  persons at risk for homelessness;  permanent  supported  housing;  youth
    47  clubhouse;  recovery  community  centers;  recovery community organizing
    48  initiative; residential rehabilitation services for youth (RRSY); inten-
    49  sive residential; community residential; supportive living;  residential
    50  services;  job  placement  initiative;  case  management; family support
    51  navigator; local government unit administration; peer engagement;  voca-
    52  tional   rehabilitation;   support   services;  HIV  early  intervention
    53  services; dual diagnosis coordinator; problem gambling resource centers;
    54  problem  gambling  prevention;  prevention  resource  centers;   primary
    55  prevention services; other prevention services; and community services.

        A. 8807--B                         36
 
     1    (iv)  Programs  and  services  funded,  licensed,  or certified by the
     2  office of temporary and disability assistance (OTDA)  eligible  for  the
     3  cost  of  living adjustment established herein, pending federal approval
     4  where applicable, include:  nutrition  outreach  and  education  program
     5  (NOEP).
     6    (v) Programs and services funded, licensed, or certified by the office
     7  of  children  and family services (OCFS) eligible for the cost of living
     8  adjustment established herein, pending federal approval  where  applica-
     9  ble,  include:  programs  for  which  the  office of children and family
    10  services establishes maximum state aid rates pursuant to  section  398-a
    11  of  the social services law and section 4003 of the education law; emer-
    12  gency foster homes; foster family boarding homes and therapeutic  foster
    13  homes;  supervised  settings  as  defined  by  subdivision twenty-two of
    14  section 371 of the  social  services  law;  adoptive  parents  receiving
    15  adoption subsidy pursuant to section 453 of the social services law; and
    16  congregate  and  scattered  supportive  housing  programs and supportive
    17  services provided under the NY/NY III supportive  housing  agreement  to
    18  young adults leaving or having recently left foster care.
    19    (vi) Programs and services funded, licensed, or certified by the state
    20  office  for  the aging (SOFA) eligible for the cost of living adjustment
    21  established herein, pending federal approval where applicable,  include:
    22  community  services  for  the elderly; expanded in-home services for the
    23  elderly; and supplemental nutrition assistance program.
    24    5. Each local government unit or direct  contract  provider  receiving
    25  funding  for  the  cost  of  living  adjustment established herein shall
    26  submit a written certificate, in such form and  at  such  time  as  each
    27  commissioner  shall prescribe, attesting how such funding will be or was
    28  used for the purposes authorized under this section. Further,  providers
    29  shall submit a resolution  from  their governing body to the appropriate
    30  commissioner, attesting that the funding received  shall  be used solely
    31  to  increase the hourly and/or salary wages to non-executive direct care
    32  staff, non-executive direct  support  professionals,  and  non-executive
    33  clinical staff.
    34    6.  Notwithstanding any inconsistent provision of law to the contrary,
    35  agency commissioners shall be authorized to recoup funding from a  local
    36  governmental  unit  or  direct  contract provider for the cost of living
    37  adjustment established herein determined to have been used in  a  manner
    38  inconsistent  with  the  appropriation,  or  any other provision of this
    39  section. Such agency commissioners shall be  authorized  to  employ  any
    40  legal mechanism to recoup such funds, including an offset of other funds
    41  that are owed to such local governmental unit or direct contract provid-
    42  er.
    43    §  2.  This  act  shall take effect immediately and shall be deemed to
    44  have been in full force and effect on and after April 1, 2024.
 
    45                                   PART GG
 
    46                            Intentionally Omitted
 
    47                                   PART HH
 
    48                            Intentionally Omitted
 
    49                                   PART II

        A. 8807--B                         37
 
     1    Section 1. Subdivision 3 of section 364-j of the social  services  law
     2  is amended by adding a new paragraph (d-3) to read as follows:
     3    (d-3)  Services  provided  in school-based health centers shall not be
     4  provided to medical assistance recipients through managed care  programs
     5  established  pursuant  to this section and shall continue to be provided
     6  outside of managed care programs.
     7    § 2. This act shall take effect immediately and  shall  be  deemed  to
     8  have been in full force and effect on and after April 1, 2023; provided,
     9  however, that the amendments to section 364-j of the social services law
    10  made  by  this act shall not affect the repeal of such section and shall
    11  be deemed repealed therewith.
 
    12                                   PART JJ

    13    Section 1. Subdivision 1 of section 2999-dd of the public health  law,
    14  as  amended by section 2 of part V of chapter 57 of the laws of 2022, is
    15  amended to read as follows:
    16    1. Health care services delivered by  means  of  telehealth  shall  be
    17  entitled  to  reimbursement under section three hundred sixty-seven-u of
    18  the social services law on the same basis, at the same rate, and to  the
    19  same  extent  the  equivalent services, as may be defined in regulations
    20  promulgated by  the  commissioner,  are  reimbursed  when  delivered  in
    21  person;  provided, however, that health care services delivered by means
    22  of telehealth shall not require reimbursement to a  telehealth  provider
    23  for  certain  costs, including but not limited to facility fees or costs
    24  reimbursed through ambulatory patient groups or other clinic  reimburse-
    25  ment  methodologies  set  forth in section twenty-eight hundred seven of
    26  this chapter, if such costs were not incurred in the provision of  tele-
    27  health services due to neither the originating site nor the distant site
    28  occurring  within  a  facility  or  other  clinic  setting;  and further
    29  provided, however, reimbursement  for  additional  modalities,  provider
    30  categories  and  originating  sites specified in accordance with section
    31  twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
    32  phone communication  defined  in  regulations  promulgated  pursuant  to
    33  subdivision  four  of section twenty-nine hundred ninety-nine-cc of this
    34  article, shall  be  contingent  upon  federal  financial  participation.
    35  Notwithstanding   the  provisions  of  this  subdivision,  for  services
    36  licensed, certified or otherwise authorized pursuant to article sixteen,
    37  article thirty-one or article thirty-two of the mental hygiene law,  and
    38  for  any  services  delivered  through a facility licensed under article
    39  twenty-eight of this chapter that is eligible to be  designated  or  has
    40  received a designation as a federally qualified health center in accord-
    41  ance  with 42 USC § 1396a(aa), as amended, or any successor law thereto,
    42  including those facilities that are also licensed under article  thirty-
    43  one  or  article  thirty-two  of  the  mental hygiene law, such services
    44  provided by telehealth[, as deemed appropriate by the  relevant  commis-
    45  sioner,]  shall  be reimbursed at the applicable in person rates or fees
    46  established by law, or otherwise established or certified by the  office
    47  for  people with developmental disabilities, office of mental health, or
    48  the office of  addiction  services  and  supports  pursuant  to  article
    49  forty-three of the mental hygiene law.
    50    § 2. This act shall take effect April 1, 2024; provided, however, that
    51  the  amendments to subdivision 1 of section 2999-dd of the public health
    52  law made by section one of this act shall not affect the  expiration  of
    53  such subdivision and shall expire and be deemed repealed therewith.

        A. 8807--B                         38
 
     1                                   PART KK
 
     2    Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
     3  amended by adding a new paragraph 39 to read as follows:
     4    (39) (A) Every policy that provides coverage for epinephrine  auto-in-
     5  jector  devices  shall not subject such coverage to a deductible, copay-
     6  ment, coinsurance or any other cost sharing requirement.
     7    (B) For the purposes of  this  paragraph,  "epinephrine  auto-injector
     8  device"  shall  have  the  same  meaning as provided in paragraph (b) of
     9  subdivision one of section three thousand-c of the public health law.
    10    § 2. Subsection (l) of section 3221 of the insurance law is amended by
    11  adding a new paragraph 22 to read as follows:
    12    (22) (A) Every policy that provides coverage for epinephrine  auto-in-
    13  jector  devices  shall not subject such coverage to a deductible, copay-
    14  ment, coinsurance or any other cost sharing requirement.
    15    (B) For the purposes of  this  paragraph,  "epinephrine  auto-injector
    16  device"  shall  have  the  same  meaning as provided in paragraph (b) of
    17  subdivision one of section three thousand-c of the public health law.
    18    § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
    19  subsection (vv) to read as follows:
    20    (vv)  (1) Every policy that provides coverage for epinephrine auto-in-
    21  jector devices shall not subject such coverage to a  deductible,  copay-
    22  ment, coinsurance or any other cost sharing requirement.
    23    (2)  For  the  purposes of this subsection, "epinephrine auto-injector
    24  device" shall have the same meaning as  provided  in  paragraph  (b)  of
    25  subdivision one of section three thousand-c of the public health law.
    26    §  4.  This  act  shall take effect January 1, 2025 and shall apply to
    27  policies and contracts issued, renewed, modified, altered or amended  on
    28  or after such date.
 
    29                                   PART LL
 
    30    Section  1.  This  act  shall  be known and may be cited as the "First
    31  Responder Peer Support Program Act".
    32    § 2. The mental hygiene law is amended by adding a new section 7.49 to
    33  read as follows:
    34  § 7.49 First responder peer support program.
    35    (a) For the purposes of this section, the following terms  shall  have
    36  the following meanings:
    37    1. "The program" shall mean the "first responder peer support program"
    38  established by this section.
    39    2.  "Eligible entities" shall mean an entity or county first responder
    40  peer program which submits to the commissioner an application, in a form
    41  prescribed by the commissioner, containing such information  and  assur-
    42  ances  as  the commissioner may require to provide initial and continued
    43  training in mental illness, including but not limited to, helping  indi-
    44  viduals gain a better understanding about the effects of trauma, repeti-
    45  tive  exposure,  signs  and  symptoms of trauma, triggers of a traumatic
    46  event, coping mechanisms,  suicide  prevention,  as  well  as  available
    47  tools,  resources,  and local mental health services for first responder
    48  peer volunteers, volunteer and  paid  individuals  who  are  trained  to
    49  respond  to  emergency  situations  and provide immediate assistance and
    50  care to those in need.  This would include individuals who work as fire-
    51  fighters,  police  officers, 9-1-1 operators, emergency dispatchers  and
    52  emergency medical services  personnel.

        A. 8807--B                         39
 
     1    (b)  The  commissioner,  in  consultation with the commissioner of the
     2  department of health, the office of fire  prevention  and  control,  the
     3  municipal  police training council,  and  the  superintendent  of  state
     4  police, shall, subject to appropriation,  establish  a  statewide  grant
     5  program  to  be known as the "first responder peer support program". The
     6  program shall provide grants, with appropriations therefor, to  eligible
     7  entities  for  the  purpose  of  establishing peer-to-peer mental health
     8  programs for first responders.
     9    (c) The commissioner  shall  establish  standards  applicable  to  the
    10  program.  Such  standards  shall include, but not be limited to, initial
    11  and continued training for first responder peer volunteers,  administra-
    12  tive staffing needs, and best practices for addressing the needs of each
    13  first responder served, including, but not limited to, a warm handoff to
    14  mental health services for individuals identified as being in duress.
    15    (d)  The  commissioner  shall  not  require the recipient of any grant
    16  under this section to  maintain  records  on  first  responders  seeking
    17  support or report any personal identifying information directly or indi-
    18  rectly  to  the  commissioner,  a first responder's employer, or a first
    19  responder's organization.
    20    § 3. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.
 
    22                                   PART MM
 
    23    Section 1. Subdivisions (c), (d), (e), (f) and (g)  of  section  1  of
    24  part  OO  of  chapter  57  of the laws of 2023 relating to directing the
    25  office of mental health to convene a task force on  implementing  mental
    26  health crisis response and diversion for mental health, alcohol use, and
    27  substance use crises, are relettered subdivisions (d), (e), (f), (g) and
    28  (h) and a new subdivision (c) is added to read as follows:
    29    (c)  The  office of mental health, in collaboration with the office of
    30  addiction services and supports and in consultation  with  the  Daniel's
    31  Law  task  force,  shall  establish  the  Daniel's  Law pilot program to
    32  provide trauma-informed, community-led responses and diversions for  any
    33  individual  who  may  be  experiencing  a  mental health, alcohol use or
    34  substance use crisis. The pilot  shall  utilize  crisis  response  teams
    35  consisting of any combination of certified peers, medical professionals,
    36  or  mental  health  professionals.  Additionally, the Daniel's Law pilot
    37  program shall:
    38    (i) Collaborate on an ongoing basis with local law enforcement and 911
    39  dispatch to develop guidelines for determining  when  a  mental  health,
    40  alcohol  use  or  substance  use  crisis  would be addressed by a crisis
    41  response team;
    42    (ii)  Develop  and  implement  culturally  competent,  trauma-informed
    43  training for use by crisis response teams;
    44    (iii)  Utilize community-based resources and engage in community plan-
    45  ning activities  to  ensure,  maintain,  improve  or  develop  community
    46  services  that  promote  positive outcomes for individuals in crisis and
    47  prevent unnecessary law  enforcement  interaction  with  individuals  in
    48  crisis; and
    49    (iv)  Collect and disseminate the following data to the task force and
    50  the office of mental health and the office  of  addiction  services  and
    51  supports:  (1)  the  number  and  percentage  of diverted calls from the
    52  police and the instances when the police were involved; (2) the  average
    53  response  time  for responses from the crisis response teams compared to
    54  other emergencies; (3) the number and percentage of calls  resulting  in

        A. 8807--B                         40
 
     1  transport  to  a  hospital  or  an arrest; and (4) any other data deemed
     2  relevant by the task force.
     3    § 2. Subdivisions (g) and (h) of section 1 of part OO of chapter 57 of
     4  the  laws  of  2023 relating to directing the office of mental health to
     5  convene a task force on implementing mental health crisis  response  and
     6  diversion  for  mental health, alcohol use, and substance use crises, as
     7  relettered by section one of this act, are amended to read as follows:
     8    (g) The office of mental health shall: prepare a written report summa-
     9  rizing opinions and recommendations from the  Daniel's  Law  task  force
    10  which  includes  a  list of existing, publicly accessible mental health,
    11  alcohol use, and substance use crisis response and  diversion  services.
    12  The  report  shall  examine  the  effectiveness  of the pilot program or
    13  programs established pursuant to subdivision (c) of this section and any
    14  other program in the state to provide  crisis  responses  and  diversion
    15  services  for mental health, alcohol use, and substance abuse crises and
    16  make recommendations for the expansion  of  programs  and  services  for
    17  individuals  experiencing mental health, alcohol use, or substance abuse
    18  crises to receive treatment while limiting arrest or incarceration.
    19    (h) This report shall be submitted to the  governor,  speaker  of  the
    20  assembly  and temporary president of the senate no later than [December]
    21  March 31, 2025 and shall be posted on  the  office  of  mental  health's
    22  website.
    23    §  3.  This act shall take effect immediately; provided, however, that
    24  the amendments to section 1 of part OO of chapter 57 of the laws of 2023
    25  relating to directing the office of mental  health  to  convene  a  task
    26  force  on  implementing  mental health crisis response and diversion for
    27  mental health, alcohol use, and substance use crises, made  by  sections
    28  one  and two of this act shall not affect the repeal of such section and
    29  shall be deemed to repeal therewith.
 
    30                                   PART NN
 
    31    Section 1. Section 2557 of the public health law is amended by  adding
    32  a new subdivision 6 to read as follows:
    33    6.  Notwithstanding  any  inconsistent provision of law or regulation,
    34  for the rate year commencing July first, two thousand  twenty-four,  the
    35  commissioner  shall  provide for an eleven percent increase in the rates
    36  for approved costs for in-person early intervention services rendered on
    37  or after such date.  Provided, the commissioner shall also  provide  for
    38  an  additional four percent increase in the rates for approved costs for
    39  in-person early intervention services rendered on or after  July  first,
    40  two  thousand  twenty-four,  if the services were rendered in a rural or
    41  underserved area, as determined by the commissioner.
    42    § 2. This act shall take effect immediately.
 
    43                                   PART OO
 
    44    Section 1. The state finance law is amended by adding  a  new  section
    45  97-m to read as follows:
    46    §  97-m.  Medicaid  investment fund. 1. There is hereby established in
    47  the joint custody of the  state  comptroller  and  the  commissioner  of
    48  health a fund to be known as the "Medicaid investment fund".
    49    2. Such fund shall consist of: (a) all revenues, less refunds, derived
    50  from the tax of managed care organizations pursuant to any other chapter
    51  of  law;  (b)  moneys  transferred to such fund pursuant to law; and (c)
    52  contributions, consisting of grants of any money,  including  grants  or

        A. 8807--B                         41
 
     1  other  financial  assistance  from any agency of government or any other
     2  source, to be paid into this fund.
     3    3.  Moneys  in the Medicaid investment fund shall be kept separate and
     4  shall not be commingled with any other moneys  in  the  custody  of  the
     5  state comptroller and the commissioner of health.
     6    4.  Notwithstanding any provision of law to the contrary, funds depos-
     7  ited in the Medicaid investment fund pursuant  to  this  section  shall,
     8  upon appropriation by the legislature, be available to the department of
     9  health  for the purpose of funding all of the following subcomponents to
    10  support the medical assistance program:
    11    (a) The nonfederal share of increased capitation payment  to  Medicaid
    12  managed  care plans accounting for their projected tax obligation pursu-
    13  ant to any other chapter of law.
    14    (b) The nonfederal share of  investments  in  the  medical  assistance
    15  program  that  support  healthcare  delivery pursuant to a plan approved
    16  jointly by the director of the budget and legislature.
    17    5. Moneys disbursed from the Medicaid investment fund shall be  exempt
    18  from the calculation of department of health state funds Medicaid spend-
    19  ing  under  subdivision  one  of section ninety-one of part H of chapter
    20  fifty-nine of the laws of two thousand eleven.
    21    6. Within fifteen days after executing  or  modifying  an  allocation,
    22  transfer, distribution or other use of the Medicaid investment fund, the
    23  department  of  health shall provide written notice to the chairs of the
    24  senate finance committee and the assembly ways and means committee. Such
    25  notice shall include, but shall not be limited to,  information  on  the
    26  amount,  date, and purpose of the allocation, transfer, distribution, or
    27  other use, and the methodology used to distribute the moneys.
    28    7. The director of the budget shall provide quarterly reports  to  the
    29  chair of the senate finance committee and the chair of the assembly ways
    30  and  means  committee  on the receipts and distributions of the Medicaid
    31  investment fund, including an itemization of such receipts and disburse-
    32  ments, the historical and projected expenditures, and the projected fund
    33  balance.
    34    § 2. This act shall take effect immediately.
    35    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    36  sion, section or part of this act shall be  adjudged  by  any  court  of
    37  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    38  impair, or invalidate the remainder thereof, but shall  be  confined  in
    39  its  operation  to the clause, sentence, paragraph, subdivision, section
    40  or part thereof directly involved in the controversy in which such judg-
    41  ment shall have been rendered. It is hereby declared to be the intent of
    42  the legislature that this act would  have  been  enacted  even  if  such
    43  invalid provisions had not been included herein.
    44    §  3.  This  act shall take effect immediately provided, however, that
    45  the applicable effective date of Parts A through OO of this act shall be
    46  as specifically set forth in the last section of such Parts.
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