STATE OF NEW YORK
________________________________________________________________________
S. 2806 A. 4006
SENATE - ASSEMBLY
February 1, 2011
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend chapters 50, 54, 55 and 108 of the laws of 2010, making
appropriations for the support of government
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 50 of the laws of 2010, enacting the
2 the public protection and general government budget, is amended by
3 repeal the items hereinbelow set forth in brackets and by adding to such
4 section the other items underscored in this section.
5 PUBLIC PROTECTION AND GENERAL GOVERNMENT BUDGET
6 DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
7 STATE OPERATIONS AND AID TO LOCALITIES 2010-11
8 FIRE PREVENTION AND CONTROL PROGRAM ......................... 18,079,700
9 --------------
10 Special Revenue Funds - Other / Aid to Localities
11 Miscellaneous Special Revenue Fund - 339
12 [Local Wireless Public Safety Answering Point Account]
13 Statewide Public Safety Communications Account
14 For expenses of local wireless public safety
15 answering points associated with eligible
16 wireless 911 service costs. Notwithstand-
17 ing any other provision of law to the
18 contrary, for state fiscal year 2010-2011
19 the liability of the state and the amount
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12560-02-1
S. 2806 2 A. 4006
1 to be distributed or otherwise expended by
2 the state pursuant to section 186-f of the
3 tax law shall be determined by first
4 calculating the amount of the expenditure
5 or other liability pursuant to such law,
6 and then reducing the amount so calculated
7 by 12.5 percent of such amount ...........
8 ................................ 4,650,000
9 For expenses of local wireless public safety
10 answering points associated with eligible
11 wireless 911 service costs, including but
12 not limited to financing and acquisition
13 costs. Notwithstanding any other provision
14 of law to the contrary, for state fiscal
15 year 2010-2011 the liability of the state
16 and the amount to be distributed or other-
17 wise expended by the state pursuant to
18 section 186-f of the tax law shall be
19 determined by first calculating the amount
20 of the expenditure or other liability
21 pursuant to such law, and then reducing
22 the amount so calculated by 12.5 percent
23 of such amount ................. 4,650,000
24 --------------
25 Program account subtotal ..... 9,300,000
26 --------------
27 § 2. Section 1 of chapter 54 of the laws of 2010, enacting the health
28 and mental hygiene budget, is amended by repealing the items hereinbelow
29 set forth in brackets and by adding to such section the other items
30 underscored in this section.
31 HEALTH AND MENTAL HYGIENE BUDGET
32 OFFICE FOR THE AGING
33 STATE OPERATIONS AND AID TO LOCALITIES 2010-11
34 COMMUNITY SERVICES PROGRAM ................. [225,259,000] 228,259,000
35 --------------
36 Special Revenue Funds - Federal / Aid to Localities
37 Federal Health and Human Services Fund - 265
38 For programs provided under the titles of
39 the federal older Americans act and other
40 health and human services programs.
41 Title III-b social services ..... 26,000,000
42 Title III-c nutrition programs, including a
43 suballocation to the department of health
44 for nutrition program activities .........
45 ............................... 41,000,000
46 Title III-e caregivers .......... 12,000,000
47 Health and human services programs .........
48 .............................. [7,000,000] 8,000,000
49 Nutrition services incentive program .......
50 ............................... 16,000,000
51 For purposes of Congregate Nutritional
S. 2806 3 A. 4006
1 Services funded by the American recovery
2 and reinvestment act of 2009. Funds appro-
3 priated herein shall be subject to all
4 applicable reporting and accountability
5 requirements contained in such act .......
6 ................................ 2,350,000
7 For purposes of Home-Delivered Nutritional
8 Services funded by the American recovery
9 and reinvestment act of 2009. Funds appro-
10 priated herein shall be subject to all
11 applicable reporting and accountability
12 requirements contained in such act .......
13 ................................ 1,135,000
14 --------------
15 Program fund subtotal .... [105,485,000] 106,485,000
16 --------------
17 Special Revenue Funds - Federal / Aid to Localities
18 Federal Operating Grants Fund - 290
19 Senior Community Service Employment Account
20 For the senior community service employment
21 program provided under title V of the
22 federal older Americans act .. [7,000,000] 9,000,000
23 For the senior community service employment
24 program provided under title V of the
25 federal older Americans act funded by the
26 American recovery and reinvestment act of
27 2009. Funds appropriated herein shall be
28 subject to all applicable reporting and
29 accountability requirements contained in
30 such act ......................... 900,000
31 --------------
32 Program account subtotal ... [7,900,000] 9,900,000
33 --------------
34 Total new appropriations for state operations and aid to
35 localities ............................ [239,609,400] 242,609,400
36 ==============
37 § 3. Section 1 of chapter 55 of the laws of 2010, enacting the trans-
38 portation, economic development and environmental conservation budget,
39 is amended by repealing the items hereinbelow set forth in brackets and
40 by adding to such section the other items underscored in this seciton.
41 TRANSPORTATION, ECONONMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION
42 BUDGET
43 DIVISION OF TAX APPEALS
44 STATE OPERATIONS AND AID TO LOCALITIES 2010-11
45 ADMINISTRATION PROGRAM ....................... [3,053,000] 3,154,000
46 --------------
47 General Fund / State Operations
48 State Purposes Account - 003
S. 2806 4 A. 4006
1 PERSONAL SERVICE
2 Personal service--regular ...... [2,676,000] 2,777,000
3 Temporary service ................... 10,000
4 --------------
5 Amount available for personal service ....
6 ............................ [2,686,000] 2,787,000
7 --------------
8 NONPERSONAL SERVICE
9 Supplies and materials .............. 27,100
10 Travel .............................. 19,700
11 Contractual services ............... 257,000
12 Equipment ........................... 63,200
13 --------------
14 Amount available for nonper-
15 sonal service .................. 367,000
16 --------------
17 Total new appropriations for state operations and aid to
18 localities ............................... [3,053,000] 3,154,000
19 ==============
20 § 4. Section 11 of chapter 108 of the laws of 2010, making appropri-
21 ations for the support of government, is amended by repealing the items
22 herein below set forth in brackets and by adding to such section the
23 other items underscored in this section.
24 DEPARTMENT OF HEALTH
25 CENTER FOR COMMUNITY HEALTH PROGRAM ........ [512,727,000] 518,977,000
26 --------------
27 General Fund / Aid to Localities
28 Local Assistance Account - 001
29 State aid to municipalities for the opera-
30 tion of local health departments and labo-
31 ratories and for the provision of general
32 public health services pursuant to article
33 6 of the public health law for activities
34 under the jurisdiction of the commissioner
35 of health.
36 Notwithstanding any other provision of arti-
37 cle 6 of the public health law, a county
38 may obtain reimbursement pursuant to this
39 act, only after the county chief financial
40 officer certifies, in the municipal health
41 services plan, that county tax levies used
42 to fund services carried out by the county
43 health department have not been added to
44 or supplanted directly or indirectly by
45 any funds obtained by the county pursuant
46 to the Master Settlement Agreement entered
47 into on November 23, 1998 by the state and
S. 2806 5 A. 4006
1 leading United States tobacco product
2 manufacturers, except in the case of a
3 public health emergency, as determined by
4 the commissioner of health.
5 Notwithstanding annual aggregate limits for
6 bad debt and charity care allowances and
7 any other provision of law, up to
8 $1,700,000 shall be transferred to the
9 medical assistance program general fund -
10 local assistance account for eligible
11 publicly sponsored certified home health
12 agencies that demonstrate losses from a
13 disproportionate share of bad debt and
14 charity care, pursuant to chapter 884 of
15 the laws of 1990. Within the maximum
16 limits specified herein, the department
17 shall transfer only those funds which are
18 necessary to meet the state share require-
19 ments for disproportionate share adjust-
20 ments expected to be paid for the period
21 January 1, 2010 through December 31, 2010.
22 The moneys hereby appropriated shall be
23 available for payment of financial assist-
24 ance heretofore accrued .... [284,763,000] 291,013,000
25 --------------
26 Program account subtotal ...............
27 ........................ [481,235,000] 487,485,000
28 --------------
29 ELDERLY PHARMACEUTICAL INSURANCE COVERAGE
30 PROGRAM .................... [328,350,000] 380,350,000
31 --------------
32 Special Revenue Funds - Other / Aid to Localities
33 Miscellaneous Special Revenue Fund - 339
34 EPIC Premium Account
35 For services and expenses of the program for
36 elderly pharmaceutical insurance coverage,
37 including reimbursement to pharmacies
38 participating in such program. Notwith-
39 standing any inconsistent provision of
40 law, rule or regulation to the contrary,
41 for the period October 1, 2010 through
42 March 31, 2011, for a participant in the
43 program for elderly pharmaceutical insur-
44 ance coverage whose prescription drug
45 expenses are paid or reimbursable under
46 the provisions of the medicare program,
47 assistance under the program for elderly
48 pharmaceutical insurance coverage shall be
49 limited to prescription drugs covered by
50 the participant's medicare plan and to
51 drugs excluded from medicare coverage in
52 accordance with section 1860-D-2 of the
53 federal social security act, and in such
S. 2806 6 A. 4006
1 cases the program for elderly pharmaceu-
2 tical insurance coverage shall cover the
3 amount that is the responsibility of the
4 participant under the medicare plan bene-
5 fit, subject to the participant's cost-
6 sharing responsibility on such amount
7 under section 247 or section 248 of the
8 elder law; provided, however, that cover-
9 age under the elderly pharmaceutical
10 insurance coverage program shall be avail-
11 able only after the participant has first
12 exhausted the first two levels of appeal
13 available under Part D of title XVIII of
14 the federal social security act and the
15 appeal has been denied; and provided
16 further that during the medicare coverage
17 determination and appeal period, the
18 elderly pharmaceutical insurance coverage
19 program shall provide up to a 90 day
20 supply of the prescribed medication, or
21 such lesser supply as specified on the
22 prescription, if (i) the pharmacist noti-
23 fies the prescriber that the participant's
24 Medicare Part D plan and the elderly phar-
25 maceutical insurance coverage program have
26 denied payment for the prescribed medica-
27 tion and that if the prescriber does not
28 choose to change the prescription to a
29 drug that is covered by the participant's
30 Medicare Part D plan, a Medicare Part D
31 appeal must be pursued and (ii) the pres-
32 criber notifies the elderly pharmaceutical
33 insurance coverage program of the
34 prescriber's intent to provide necessary
35 information and cooperation in the pursuit
36 of the Medicare Part D appeal; and
37 provided further that, in instances where
38 the pharmacist is unable to immediately
39 reach the prescriber, the elderly pharma-
40 ceutical insurance coverage program shall,
41 upon the request of the pharmacist,
42 authorize a three day emergency supply of
43 the prescribed medication; and provided
44 further that the elderly pharmaceutical
45 insurance coverage program shall authorize
46 such additional 90 day supplies of the
47 prescribed medication, or such lesser
48 supply as specified on the prescription,
49 and such additional three day emergency
50 supplies as required to ensure coverage of
51 the prescribed medication during the
52 pendency of the Medicare Part D appeal;
53 provided however that, if this act appro-
54 priates sufficient additional funds to
55 permit the elderly pharmaceutical insur-
56 ance coverage program to provide coverage
S. 2806 7 A. 4006
1 for prescription drugs without regard to
2 the limitations described in this section,
3 then the provisions of this paragraph
4 shall not apply and shall be considered
5 null and void as of September 30, 2010.
6 The moneys hereby appropriated shall be
7 available for payment of financial assist-
8 ance heretofore accrued .... [125,800,000] 177,800,000
9 --------------
10 Program account subtotal ...............
11 ........................ [125,800,000] 177,800,000
12 --------------
13 § 5. This act shall take effect immediately and shall be deemed to
14 have been in full force and effect on and after April 1, 2010.
