Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2025-2026 state fiscal year; requires the commissioner of health to provide a quarterly report on known and expected department of health state funds Medicaid expenditures through state fiscal year 2026-2027 (Part A); extends the effectiveness of various provisions relating to social services and healthcare; determines which contracts shall expire September 30, 2025 (Part B); reduces the hospital capital rate add-on (Part D); shifts long-term nursing home stays from managed care to fee for service (Part E); requires a health plan to pay the MCO provider tax for each calendar year; requires every health plan subject to the approved MCO provider tax to submit reports; imposes penalties for failure to submit such timely payments; grants the commissioner of health audit powers; relates to the healthcare stability fund; relates to Medicaid payment increases for certain medical services; makes certain Medicaid payment increases contingent upon the availability of funds within the healthcare stability fund; makes related provisions (Part F); extends certain provisions relating to the provisions of excess liability coverage paid for from the hospital excess liability pool; extends portions of the New York Health Care Reform Act of 1996 (Part G); eliminates the fee paid by funeral directors for permits for burials and removals which are used to support the electronic death registration system (Part I); relates to improving access to and increasing coverage for infertility treatments (Part Q); requires hospitals to have sexual assault forensic examiners (Part T); extends provisions relating to preferred sources for entities that provide employment to certain persons (Part Z); extends certain provisions relating to clarifying the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs to March 31, 2026 (Part AA); extends the effectiveness of certain provisions relating to the appointment of temporary operators for the continued operation of programs and the provision of services for persons with serious mental illness and/or developmental disabilities and/or chemical dependence (Part BB); extends certain provisions relating to services for individuals with developmental disabilities (Part CC); provides that director of the budget, the commissioners of the office of mental health, office for people with developmental disabilities, office of addiction services and supports, office of temporary and disability assistance, office of children and family services, and the state office for the aging shall establish a state fiscal year 2025-2026 targeted inflationary increase, effective April 1, 2025, for projecting for the effects of inflation upon rates of payments, contracts, or any other form of reimbursement for the programs and services (Part FF); relates to school-based health centers for medical assistance recipients (Part GG); requires representatives from the division of criminal justice services to be included on mental health review panels; requires annual cumulative reports to be posted on the office of mental health's website (Part HH); establishes the behavioral health technical advisory center and statewide emergency and crisis council (Part II); provides for dentist loan repayment and practice support for dentists who agree to practice in an underserved area in the state (Part JJ); provides for discharge planning and voluntary services (Part KK).
STATE OF NEW YORK
________________________________________________________________________
3007--B
IN ASSEMBLY
January 22, 2025
___________
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 part B of chapter 57 of the laws of 2015, amending the social
services law and other laws relating to supplemental rebates, in
relation to extending the expiration thereof; to amend chapter 942 of
the laws of 1983 and chapter 541 of the laws of 1984 relating to
foster family care demonstration programs, in relation to extending
the expirations thereof; to amend chapter 256 of the laws of 1985,
amending the social services law and other laws relating to foster
family care demonstration programs, in relation to extending the expi-
ration thereof; to amend part C of chapter 58 of the laws of 2009,
amending the public health law relating to payment by governmental
agencies for general hospital inpatient services, in relation to the
effectiveness thereof; to amend chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for resi-
dential healthcare facilities, in relation to the effectiveness there-
of; to amend the public health law, in relation to the duration of the
community-based paramedicine demonstration program; to amend section 2
of chapter 137 of the laws of 2023, amending the public health law
relating to establishing a community-based paramedicine demonstration
program, in relation to extending the effectiveness thereof; to amend
chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical reimbursement and welfare reform, in
relation to extending the effectiveness of certain provisions thereof;
to amend part FFF of chapter 59 of the laws of 2018, amending the
public health law relating to authorizing the commissioner of health
to redeploy excess reserves of certain not-for-profit managed care
organizations, in relation to the effectiveness thereof; to amend
chapter 451 of the laws of 2007, amending the public health law, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12571-03-5
A. 3007--B 2
social services law and the insurance law relating to providing
enhanced consumer and provider protections, in relation to the effec-
tiveness of certain provisions relating to contracts between plans,
insurers, or corporations and hospitals; to amend the public health
law, in relation to reimbursement rate promulgation for residential
health care facilities, and in relation to certified home health agen-
cy services payments; to amend part C of chapter 60 of the laws of
2014, amending the social services law relating to fair hearings with-
in the Fully Integrated Duals Advantage program, in relation to the
effectiveness thereof; to amend chapter 884 of the laws of 1990,
amending the public health law relating to authorizing bad debt and
charity care allowances for certified home health agencies, in
relation to extending the provisions thereof; to amend chapter 81 of
the laws of 1995, amending the public health law and other laws relat-
ing to medical reimbursement and welfare reform, in relation to the
effectiveness of certain provisions thereof; to amend part A of chap-
ter 56 of the laws of 2013, amending chapter 59 of the laws of 2011
amending the public health law and other laws relating to general
hospital reimbursement for annual rates, in relation to extending
government rates for behavioral services; to amend the public health
law, in relation to gross receipts for general hospital assessments;
to amend part MM of chapter 57 of the laws of 2021 amending the public
health law relating to aiding in the transition to adulthood for chil-
dren with medical fragility living in pediatric nursing homes and
other settings, in relation to the effectiveness thereof; to amend
chapter 633 of the laws of 2006, amending the public health law relat-
ing to the home based primary care for the elderly demonstration
project, in relation to the effectiveness thereof; to amend chapter 19
of the laws of 1998, amending the social services law relating to
limiting the method of payment for prescription drugs under the
medical assistance program, in relation to the effectiveness thereof;
to amend part BBB of chapter 56 of the laws of 2022, amending the
public health law and other laws relating to permitting the commis-
sioner of health to submit a waiver that expands eligibility for New
York's basic health program and increases the federal poverty limit
cap for basic health program eligibility from two hundred to two
hundred fifty percent, in relation to extending certain provisions
related to providing long-term services and supports under the essen-
tial plan; to amend the social services law, in relation to which
contracts stay in force after September 30, 2025; to amend part MM of
chapter 56 of the laws of 2020 directing the department of health to
establish or procure the services of an independent panel of clinical
professionals and to develop and implement a uniform task-based
assessment tool, in relation to which contracts stay in force after
September 30, 2025; and to amend section 2 of chapter 769 of the laws
of 2023, amending the public health law relating to the adult cystic
fibrosis assistance program in relation to extending the effectiveness
thereof (Part B); intentionally omitted (Part C); to amend the public
health law, in relation to reducing the hospital capital rate add-on
(Part D); to amend the social services law, in relation to shifting
long-term nursing home stays from managed care to fee for service
(Part E); to amend the public health law, in relation to establishing
a tax on managed care providers; to amend the state finance law, in
relation to the healthcare stability fund; and to amend part I of
chapter 57 of the laws of 2022 providing a one percent across the
board payment increase to all qualifying fee-for-service Medicaid
A. 3007--B 3
rates, in relation to certain Medicaid payments made for certain
medical services (Part F); to amend chapter 266 of the laws of 1986
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, in relation to extending
the effectiveness of certain provisions relating to excess insurance
coverage paid for from the hospital excess liability pool; to amend
part J of chapter 63 of the laws of 2001 amending chapter 266 of the
laws of 1986 amending the civil practice law and rules and other laws
relating to malpractice and professional medical conduct, in relation
to extending certain provisions concerning the hospital excess 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 G); inten-
tionally omitted (Part H); to amend the public health law, in relation
to eliminating the fees paid by funeral directors for permits for
burials and removals which are used to support the electronic death
registration system; and to repeal certain provisions of such law
relating thereto (Part I); intentionally omitted (Part J); inten-
tionally omitted (Part K); intentionally omitted (Part L); inten-
tionally omitted (Part M); intentionally omitted (Part N); inten-
tionally omitted (Part O); intentionally omitted (Part P); to amend
the social services law and the public health law, in relation to
establishing increased coverage of care as well as availability of
care for infertility treatments; and to repeal section 4 of part K of
chapter 82 of the laws of 2002 amending the insurance law and the
public health law relating to coverage for the diagnosis and treatment
of infertility, relating to the establishment of a program to provide
grants to health care providers for improving access to infertility
services (Part Q); intentionally omitted (Part R); intentionally omit-
ted (Part S); to amend the public health law and the executive law, in
relation to requiring hospitals to maintain sexual assault forensic
examiners at their facilities (Part T); intentionally omitted (Part
U); intentionally omitted (Part V); intentionally omitted (Part W);
intentionally omitted (Part X); intentionally omitted (Part Y); to
amend chapter 565 of the laws of 2022 amending the state finance law
relating to preferred source status for entities that provide employ-
ment to certain persons; and to amend chapter 91 of the laws of 2023
amending the state finance law relating to establishing a threshold
for the amount of work needed to be performed by a preferred source
which is an approved charitable non-profit-making agency for the
blind, in relation to the effectiveness thereof (Part Z); to amend
part NN of chapter 58 of the laws of 2015, amending the mental hygiene
law relating to clarifying the authority of the commissioners in the
department of mental hygiene to design and implement time-limited
demonstration programs, in relation to extending the effectiveness
thereof (Part AA); to amend part L of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the appointment of tempo-
rary operators for the continued operation of programs and the
provision of services for persons with serious mental illness and/or
developmental disabilities and/or chemical dependence, in relation to
the effectiveness thereof (Part BB); to amend part A of chapter 56 of
the laws of 2013, amending the social services law and other laws
relating to enacting the major components of legislation necessary to
implement the health and mental hygiene budget for the 2013-2014 state
fiscal year, in relation to the effectiveness of certain provisions
A. 3007--B 4
thereof (Part CC); intentionally omitted (Part DD); intentionally
omitted (Part EE); to amend the mental hygiene law, in relation to
establishing a targeted inflationary increase for designated programs
(Part FF); to amend the social services law, in relation to coverage
for services provided by school-based health centers for medical
assistance recipients (Part GG); to amend the mental hygiene law, in
relation to mental health incident review panels (Part HH); to amend
the mental hygiene law, in relation to establishing the behavioral
health technical advisory center and statewide emergency and crisis
council (Part II); to amend the public health law, in relation to
providing for dentist loan repayment and practice support (Part JJ);
and to amend the mental hygiene law, in relation to discharge planning
and voluntary services (Part KK)
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 hygiene budget for
3 the 2025-2026 state fiscal year. Each component is wholly contained
4 within a Part identified as Parts A through KK. 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 this
11 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 2024, is
17 amended to read as follows:
18 (a) For state fiscal years 2011-12 through [2025-26] 2026-27, 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, 2025.
27 PART B
28 Section 1. Subdivision 1-a of section 60 of part B of chapter 57 of
29 the laws of 2015, amending the social services law and other laws relat-
30 ing to supplemental rebates, as amended by section 10 of part BB of
31 chapter 56 of the laws of 2020, is amended to read as follows:
32 1-a. section fifty-two of this act shall expire and be deemed repealed
33 March 31, [2025] 2030;
A. 3007--B 5
1 § 2. Section 3 of chapter 942 of the laws of 1983, relating to foster
2 family care demonstration programs, as amended by chapter 264 of the
3 laws of 2021, is amended to read as follows:
4 § 3. This act shall take effect immediately and shall expire December
5 31, [2025] 2029.
6 § 3. Section 3 of chapter 541 of the laws of 1984, relating to foster
7 family care demonstration programs, as amended by chapter 264 of the
8 laws of 2021, is amended to read as follows:
9 § 3. This section and subdivision two of section two of this act shall
10 take effect immediately and the remaining provisions of this act shall
11 take effect on the one hundred twentieth day next thereafter. This act
12 shall expire December 31, [2025] 2029.
13 § 4. Section 6 of chapter 256 of the laws of 1985, amending the social
14 services law and other laws relating to foster family care demonstration
15 programs, as amended by chapter 264 of the laws of 2021, is amended to
16 read as follows:
17 § 6. This act shall take effect immediately and shall expire December
18 31, [2025] 2029 and upon such date the provisions of this act shall be
19 deemed to be repealed.
20 § 5. Intentionally omitted.
21 § 6. Subdivision (f) of section 129 of part C of chapter 58 of the
22 laws of 2009, amending the public health law relating to payment by
23 governmental agencies for general hospital inpatient services, as
24 amended by section 2 of part CC of chapter 57 of the laws of 2022, is
25 amended to read as follows:
26 (f) section twenty-five of this act shall expire and be deemed
27 repealed April 1, [2025] 2028;
28 § 7. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of
29 the laws of 1996, amending the education law and other laws relating to
30 rates for residential healthcare facilities, as amended by section 4 of
31 part CC of chapter 57 of the laws of 2022, is amended to read as
32 follows:
33 (a) Notwithstanding any inconsistent provision of law or regulation to
34 the contrary, effective beginning August 1, 1996, for the period April
35 1, 1997 through March 31, 1998, April 1, 1998 for the period April 1,
36 1998 through March 31, 1999, August 1, 1999, for the period April 1,
37 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
38 through March 31, 2001, April 1, 2001, for the period April 1, 2001
39 through March 31, 2002, April 1, 2002, for the period April 1, 2002
40 through March 31, 2003, and for the state fiscal year beginning April 1,
41 2005 through March 31, 2006, and for the state fiscal year beginning
42 April 1, 2006 through March 31, 2007, and for the state fiscal year
43 beginning April 1, 2007 through March 31, 2008, and for the state fiscal
44 year beginning April 1, 2008 through March 31, 2009, and for the state
45 fiscal year beginning April 1, 2009 through March 31, 2010, and for the
46 state fiscal year beginning April 1, 2010 through March 31, 2016, and
47 for the state fiscal year beginning April 1, 2016 through March 31,
48 2019, and for the state fiscal year beginning April 1, 2019 through
49 March 31, 2022, and for the state fiscal year beginning April 1, 2022
50 through March 31, 2025, and for the state fiscal year beginning April 1,
51 2025 through March 31, 2028, the department of health is authorized to
52 pay public general hospitals, as defined in subdivision 10 of section
53 2801 of the public health law, operated by the state of New York or by
54 the state university of New York or by a county, which shall not include
55 a city with a population of over one million, of the state of New York,
56 and those public general hospitals located in the county of Westchester,
A. 3007--B 6
1 the county of Erie or the county of Nassau, additional payments for
2 inpatient hospital services as medical assistance payments pursuant to
3 title 11 of article 5 of the social services law for patients eligible
4 for federal financial participation under title XIX of the federal
5 social security act in medical assistance pursuant to the federal laws
6 and regulations governing disproportionate share payments to hospitals
7 up to one hundred percent of each such public general hospital's medical
8 assistance and uninsured patient losses after all other medical assist-
9 ance, including disproportionate share payments to such public general
10 hospital for 1996, 1997, 1998, and 1999, based initially for 1996 on
11 reported 1994 reconciled data as further reconciled to actual reported
12 1996 reconciled data, and for 1997 based initially on reported 1995
13 reconciled data as further reconciled to actual reported 1997 reconciled
14 data, for 1998 based initially on reported 1995 reconciled data as
15 further reconciled to actual reported 1998 reconciled data, for 1999
16 based initially on reported 1995 reconciled data as further reconciled
17 to actual reported 1999 reconciled data, for 2000 based initially on
18 reported 1995 reconciled data as further reconciled to actual reported
19 2000 data, for 2001 based initially on reported 1995 reconciled data as
20 further reconciled to actual reported 2001 data, for 2002 based initial-
21 ly on reported 2000 reconciled data as further reconciled to actual
22 reported 2002 data, and for state fiscal years beginning on April 1,
23 2005, based initially on reported 2000 reconciled data as further recon-
24 ciled to actual reported data for 2005, and for state fiscal years
25 beginning on April 1, 2006, based initially on reported 2000 reconciled
26 data as further reconciled to actual reported data for 2006, for state
27 fiscal years beginning on and after April 1, 2007 through March 31,
28 2009, based initially on reported 2000 reconciled data as further recon-
29 ciled to actual reported data for 2007 and 2008, respectively, for state
30 fiscal years beginning on and after April 1, 2009, based initially on
31 reported 2007 reconciled data, adjusted for authorized Medicaid rate
32 changes applicable to the state fiscal year, and as further reconciled
33 to actual reported data for 2009, for state fiscal years beginning on
34 and after April 1, 2010, based initially on reported reconciled data
35 from the base year two years prior to the payment year, adjusted for
36 authorized Medicaid rate changes applicable to the state fiscal year,
37 and further reconciled to actual reported data from such payment year,
38 and to actual reported data for each respective succeeding year. The
39 payments may be added to rates of payment or made as aggregate payments
40 to an eligible public general hospital.
41 § 8. Subdivision 3 of section 3018 of the public health law, as added
42 by chapter 137 of the laws of 2023, is amended to read as follows:
43 3. This program shall authorize mobile integrated and community param-
44 edicine programs presently operating and approved by the department as
45 of May eleventh, two thousand twenty-three, under the authority of Exec-
46 utive Order Number 4 of two thousand twenty-one, entitled "Declaring a
47 Statewide Disaster Emergency Due to Healthcare staffing shortages in the
48 State of New York" to continue in the same manner and capacity as
49 currently approved for a period of [two] three years following the
50 effective date of this section.
51 § 8-a. Section 2 of chapter 137 of the laws of 2023, amending the
52 public health law relating to establishing a community-based paramedi-
53 cine demonstration program, is amended to read as follows:
54 § 2. This act shall take effect immediately and shall expire and be
55 deemed repealed [2] 3 years after such date; provided, however, that if
56 this act shall have become a law on or after May 22, 2023 this act shall
A. 3007--B 7
1 take effect immediately and shall be deemed to have been in full force
2 and effect on and after May 22, 2023.
3 § 9. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
4 amending the public health law and other laws relating to medical
5 reimbursement and welfare reform, as amended by chapter 161 of the laws
6 of 2023, is amended to read as follows:
7 12. Sections one hundred five-b through one hundred five-f of this act
8 shall expire June 30, [2025] 2027.
9 § 10. Section 2 of subpart B of part FFF of chapter 59 of the laws of
10 2018, amending the public health law relating to authorizing the commis-
11 sioner of health to redeploy excess reserves of certain not-for-profit
12 managed care organizations, as amended by chapter 197 of the laws of
13 2023, is amended to read as follows:
14 § 2. This act shall take effect August 1, 2018 and shall expire and be
15 deemed repealed August 1, [2025] 2027, but, shall not apply to any enti-
16 ty or any subsidiary or affiliate of such entity that disposes of all or
17 a material portion of its assets pursuant to a transaction that: (1) was
18 the subject of a request for regulatory approval first made to the
19 commissioner of health between January 1, 2017, and December 31, 2017;
20 and (2) receives regulatory approval from the commissioner of health
21 prior to July 31, 2018.
22 § 11. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
23 amending the public health law, the social services law and the insur-
24 ance law relating to providing enhanced consumer and provider
25 protections, as amended by section 1 of part B of chapter 57 of the laws
26 of 2023, is amended to read as follows:
27 1. sections four, eleven and thirteen of this act shall take effect
28 immediately and shall expire and be deemed repealed June 30, [2025]
29 2027;
30 § 12. Paragraph (b) of subdivision 17 of section 2808 of the public
31 health law, as amended by section 12 of part B of chapter 57 of the laws
32 of 2023, is amended to read as follows:
33 (b) Notwithstanding any inconsistent provision of law or regulation to
34 the contrary, for the state fiscal years beginning April first, two
35 thousand ten and ending March thirty-first, two thousand [twenty-five]
36 twenty-seven, the commissioner shall not be required to revise certified
37 rates of payment established pursuant to this article for rate periods
38 prior to April first, two thousand [twenty-five] twenty-seven, based on
39 consideration of rate appeals filed by residential health care facili-
40 ties or based upon adjustments to capital cost reimbursement as a result
41 of approval by the commissioner of an application for construction under
42 section twenty-eight hundred two of this article, in excess of an aggre-
43 gate annual amount of eighty million dollars for each such state fiscal
44 year provided, however, that for the period April first, two thousand
45 eleven through March thirty-first, two thousand twelve such aggregate
46 annual amount shall be fifty million dollars. In revising such rates
47 within such fiscal limit, the commissioner shall, in prioritizing such
48 rate appeals, include consideration of which facilities the commissioner
49 determines are facing significant financial hardship as well as such
50 other considerations as the commissioner deems appropriate and, further,
51 the commissioner is authorized to enter into agreements with such facil-
52 ities or any other facility to resolve multiple pending rate appeals
53 based upon a negotiated aggregate amount and may offset such negotiated
54 aggregate amounts against any amounts owed by the facility to the
55 department, including, but not limited to, amounts owed pursuant to
56 section twenty-eight hundred seven-d of this article; provided, however,
A. 3007--B 8
1 that the commissioner's authority to negotiate such agreements resolving
2 multiple pending rate appeals as hereinbefore described shall continue
3 on and after April first, two thousand [twenty-five] twenty-seven. Rate
4 adjustments made pursuant to this paragraph remain fully subject to
5 approval by the director of the budget in accordance with the provisions
6 of subdivision two of section twenty-eight hundred seven of this arti-
7 cle.
8 § 13. Paragraph (a) of subdivision 13 of section 3614 of the public
9 health law, as amended by section 13 of part B of chapter 57 of the laws
10 of 2023, is amended to read as follows:
11 (a) Notwithstanding any inconsistent provision of law or regulation
12 and subject to the availability of federal financial participation,
13 effective April first, two thousand twelve through March thirty-first,
14 two thousand [twenty-five] twenty-seven, payments by government agencies
15 for services provided by certified home health agencies, except for such
16 services provided to children under eighteen years of age and other
17 discreet groups as may be determined by the commissioner pursuant to
18 regulations, shall be based on episodic payments. In establishing such
19 payments, a statewide base price shall be established for each sixty day
20 episode of care and adjusted by a regional wage index factor and an
21 individual patient case mix index. Such episodic payments may be further
22 adjusted for low utilization cases and to reflect a percentage limita-
23 tion of the cost for high-utilization cases that exceed outlier thresh-
24 olds of such payments.
25 § 14. Subdivision 4-a of section 71 of part C of chapter 60 of the
26 laws of 2014, amending the social services law relating to fair hearings
27 within the Fully Integrated Duals Advantage program, as amended by
28 section 27 of part B of chapter 57 of the laws of 2023, is amended to
29 read as follows:
30 4-a. section twenty-two of this act shall take effect April 1, 2014,
31 and shall be deemed expired January 1, [2026] 2028;
32 § 15. Section 11 of chapter 884 of the laws of 1990, amending the
33 public health law relating to authorizing bad debt and charity care
34 allowances for certified home health agencies, as amended by section 29
35 of part B of chapter 57 of the laws of 2023, is amended to read as
36 follows:
37 § 11. This act shall take effect immediately and:
38 (a) sections one and three shall expire on December 31, 1996, and
39 (b) sections four through ten shall expire on June 30, [2025] 2027,
40 and
41 (c) provided that the amendment to section 2807-b of the public health
42 law by section two of this act shall not affect the expiration of such
43 section 2807-b as otherwise provided by law and shall be deemed to
44 expire therewith.
45 § 16. Subdivision 5-a of section 246 of chapter 81 of the laws of
46 1995, amending the public health law and other laws relating to medical
47 reimbursement and welfare reform, as amended by section 30 of part B of
48 chapter 57 of the laws of 2023, is amended to read as follows:
49 5-a. Section sixty-four-a of this act shall be deemed to have been in
50 full force and effect on and after April 1, 1995 through March 31, 1999
51 and on and after July 1, 1999 through March 31, 2000 and on and after
52 April 1, 2000 through March 31, 2003 and on and after April 1, 2003
53 through March 31, 2007, and on and after April 1, 2007 through March 31,
54 2009, and on and after April 1, 2009 through March 31, 2011, and on and
55 after April 1, 2011 through March 31, 2013, and on and after April 1,
56 2013 through March 31, 2015, and on and after April 1, 2015 through
A. 3007--B 9
1 March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
2 and on and after April 1, 2019 through March 31, 2021, and on and after
3 April 1, 2021 through March 31, 2023, and on and after April 1, 2023
4 through March 31, 2025, and on and after April 1, 2025 through March 31,
5 2027;
6 § 17. Section 64-b of chapter 81 of the laws of 1995, amending the
7 public health law and other laws relating to medical reimbursement and
8 welfare reform, as amended by section 31 of part B of chapter 57 of the
9 laws of 2023, is amended to read as follows:
10 § 64-b. Notwithstanding any inconsistent provision of law, the
11 provisions of subdivision 7 of section 3614 of the public health law, as
12 amended, shall remain and be in full force and effect on April 1, 1995
13 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
14 and after April 1, 2000 through March 31, 2003 and on and after April 1,
15 2003 through March 31, 2007, and on and after April 1, 2007 through
16 March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
17 and on and after April 1, 2011 through March 31, 2013, and on and after
18 April 1, 2013 through March 31, 2015, and on and after April 1, 2015
19 through March 31, 2017 and on and after April 1, 2017 through March 31,
20 2019, and on and after April 1, 2019 through March 31, 2021, and on and
21 after April 1, 2021 through March 31, 2023, and on and after April 1,
22 2023 through March 31, 2025, and on and after April 1, 2025 through
23 March 31, 2027.
24 § 18. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
25 ing chapter 59 of the laws of 2011 amending the public health law and
26 other laws relating to general hospital reimbursement for annual rates,
27 as amended by section 32 of part B of chapter 57 of the laws of 2023, is
28 amended to read as follows:
29 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
30 2807-c of the public health law, section 21 of chapter 1 of the laws of
31 1999, or any other contrary provision of law, in determining rates of
32 payments by state governmental agencies effective for services provided
33 on and after January 1, 2017 through March 31, [2025] 2027, for inpa-
34 tient and outpatient services provided by general hospitals, for inpa-
35 tient services and adult day health care outpatient services provided by
36 residential health care facilities pursuant to article 28 of the public
37 health law, except for residential health care facilities or units of
38 such facilities providing services primarily to children under twenty-
39 one years of age, for home health care services provided pursuant to
40 article 36 of the public health law by certified home health agencies,
41 long term home health care programs and AIDS home care programs, and for
42 personal care services provided pursuant to section 365-a of the social
43 services law, the commissioner of health shall apply no greater than
44 zero trend factors attributable to the 2017, 2018, 2019, 2020, 2021,
45 2022, 2023, 2024 [and], 2025, 2026, and 2027 calendar years in accord-
46 ance with paragraph (c) of subdivision 10 of section 2807-c of the
47 public health law, provided, however, that such no greater than zero
48 trend factors attributable to such 2017, 2018, 2019, 2020, 2021, 2022,
49 2023, 2024 [and], 2025, 2026, and 2027 calendar years shall also be
50 applied to rates of payment provided on and after January 1, 2017
51 through March 31, [2025] 2027 for personal care services provided in
52 those local social services districts, including New York city, whose
53 rates of payment for such services are established by such local social
54 services districts pursuant to a rate-setting exemption issued by the
55 commissioner of health to such local social services districts in
56 accordance with applicable regulations; and provided further, however,
A. 3007--B 10
1 that for rates of payment for assisted living program services provided
2 on and after January 1, 2017 through March 31, [2025] 2027, such trend
3 factors attributable to the 2017, 2018, 2019, 2020, 2021, 2022, 2023,
4 2024 [and], 2025, 2026, and 2027 calendar years shall be established at
5 no greater than zero percent.
6 § 19. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
7 amending the public health law and other laws relating to medical
8 reimbursement and welfare reform, as amended by section 33 of part B of
9 chapter 57 of the laws of 2023, is amended to read as follows:
10 2. Sections five, seven through nine, twelve through fourteen, and
11 eighteen of this act shall be deemed to have been in full force and
12 effect on and after April 1, 1995 through March 31, 1999 and on and
13 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
14 through March 31, 2003 and on and after April 1, 2003 through March 31,
15 2006 and on and after April 1, 2006 through March 31, 2007 and on and
16 after April 1, 2007 through March 31, 2009 and on and after April 1,
17 2009 through March 31, 2011 and sections twelve, thirteen and fourteen
18 of this act shall be deemed to be in full force and effect on and after
19 April 1, 2011 through March 31, 2015 and on and after April 1, 2015
20 through March 31, 2017 and on and after April 1, 2017 through March 31,
21 2019, and on and after April 1, 2019 through March 31, 2021, and on and
22 after April 1, 2021 through March 31, 2023, and on and after April 1,
23 2023 through March 31, 2025, and on and after April 1, 2025 through
24 March 31, 2027;
25 § 20. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
26 2807-d of the public health law, as amended by section 34 of part B of
27 chapter 57 of the laws of 2023, is amended to read as follows:
28 (vi) Notwithstanding any contrary provision of this paragraph or any
29 other provision of law or regulation to the contrary, for residential
30 health care facilities the assessment shall be six percent of each resi-
31 dential health care facility's gross receipts received from all patient
32 care services and other operating income on a cash basis for the period
33 April first, two thousand two through March thirty-first, two thousand
34 three for hospital or health-related services, including adult day
35 services; provided, however, that residential health care facilities'
36 gross receipts attributable to payments received pursuant to title XVIII
37 of the federal social security act (medicare) shall be excluded from the
38 assessment; provided, however, that for all such gross receipts received
39 on or after April first, two thousand three through March thirty-first,
40 two thousand five, such assessment shall be five percent, and further
41 provided that for all such gross receipts received on or after April
42 first, two thousand five through March thirty-first, two thousand nine,
43 and on or after April first, two thousand nine through March thirty-
44 first, two thousand eleven such assessment shall be six percent, and
45 further provided that for all such gross receipts received on or after
46 April first, two thousand eleven through March thirty-first, two thou-
47 sand thirteen such assessment shall be six percent, and further provided
48 that for all such gross receipts received on or after April first, two
49 thousand thirteen through March thirty-first, two thousand fifteen such
50 assessment shall be six percent, and further provided that for all such
51 gross receipts received on or after April first, two thousand fifteen
52 through March thirty-first, two thousand seventeen such assessment shall
53 be six percent, and further provided that for all such gross receipts
54 received on or after April first, two thousand seventeen through March
55 thirty-first, two thousand nineteen such assessment shall be six
56 percent, and further provided that for all such gross receipts received
A. 3007--B 11
1 on or after April first, two thousand nineteen through March thirty-
2 first, two thousand twenty-one such assessment shall be six percent, and
3 further provided that for all such gross receipts received on or after
4 April first, two thousand twenty-one through March thirty-first, two
5 thousand twenty-three such assessment shall be six percent, and further
6 provided that for all such gross receipts received on or after April
7 first, two thousand twenty-three through March thirty-first, two thou-
8 sand twenty-five such assessment shall be six percent, and further
9 provided that for all such gross receipts received on or after April
10 first, two thousand twenty-five through March thirty-first, two thousand
11 twenty-seven such assessment shall be six percent.
12 § 21. Section 3 of part MM of chapter 57 of the laws of 2021, amending
13 the public health law relating to aiding in the transition to adulthood
14 for children with medical fragility living in pediatric nursing homes
15 and other settings, as amended by section 35 of part B of chapter 57 of
16 the laws of 2023, is amended to read as follows:
17 § 3. This act shall take effect on the one hundred twentieth day after
18 it shall have become a law; provided however, that section one of this
19 act shall expire and be deemed repealed [four] six years after such
20 effective date; and provided further, that section two of this act shall
21 expire and be deemed repealed [five] seven years after such effective
22 date.
23 § 22. Section 2 of chapter 633 of the laws of 2006, amending the
24 public health law relating to the home based primary care for the elder-
25 ly demonstration project, as amended by section 1 of item OOO of subpart
26 B of part XXX of chapter 58 of the laws of 2020, is amended to read as
27 follows:
28 § 2. This act shall take effect immediately and shall expire and be
29 deemed repealed January 1, [2026] 2031.
30 § 23. Section 4 of chapter 19 of the laws of 1998, amending the social
31 services law relating to limiting the method of payment for prescription
32 drugs under the medical assistance program, as amended by section 14 of
33 part B of chapter 57 of the laws of 2023, is amended to read as follows:
34 § 4. This act shall take effect 120 days after it shall have become a
35 law and shall expire and be deemed repealed March 31, [2025] 2027.
36 § 24. Subdivisions (b) and (c) of section 8 of part BBB of chapter 56
37 of the laws of 2022, amending the public health law and other laws
38 relating to permitting the commissioner of health to submit a waiver
39 that expands eligibility for New York's basic health program and
40 increases the federal poverty limit cap for basic health program eligi-
41 bility from two hundred to two hundred fifty percent, as amended by
42 section 3 of part J of chapter 57 of the laws of 2024, are amended to
43 read as follows:
44 (b) section four of this act shall expire and be deemed repealed
45 December 31, [2025] 2026; provided, however, the amendments to paragraph
46 (c) of subdivision 1 of section 369-gg of the social services law made
47 by such section of this act shall be subject to the expiration and
48 reversion of such paragraph pursuant to section 2 of part H of chapter
49 57 of the laws of 2021 when upon such date, the provisions of section
50 five of this act shall take effect; provided, however, the amendments to
51 such paragraph made by section five of this act shall expire and be
52 deemed repealed December 31, [2025] 2026;
53 (c) section six of this act shall take effect January 1, [2026] 2027;
54 provided, however, the amendments to paragraph (c) of subdivision 1 of
55 section 369-gg of the social services law made by such section of this
56 act shall be subject to the expiration and reversion of such paragraph
A. 3007--B 12
1 pursuant to section 2 of part H of chapter 57 of the laws of 2021 when
2 upon such date, the provisions of section seven of this act shall take
3 effect; and
4 § 25. Subdivision 10 of section 365-a of the social services law, as
5 amended by section 1 of part QQ of chapter 57 of the laws of 2022, is
6 amended to read as follows:
7 10. The department of health shall establish or procure the services
8 of an independent assessor or assessors no later than October 1, 2022,
9 in a manner and schedule as determined by the commissioner of health, to
10 take over from local departments of social services, Medicaid Managed
11 Care providers, and Medicaid managed long term care plans performance of
12 assessments and reassessments required for determining individuals'
13 needs for personal care services, including as provided through the
14 consumer directed personal assistance program, and other services or
15 programs available pursuant to the state's medical assistance program as
16 determined by such commissioner for the purpose of improving efficiency,
17 quality, and reliability in assessment and to determine individuals'
18 eligibility for Medicaid managed long term care plans. Notwithstanding
19 the provisions of section one hundred sixty-three of the state finance
20 law, or sections one hundred forty-two and one hundred forty-three of
21 the economic development law, or any contrary provision of law,
22 contracts may be entered or the commissioner may amend and extend the
23 terms of a contract awarded prior to the effective date and entered into
24 to conduct enrollment broker and conflict-free evaluation services for
25 the Medicaid program, if such contract or contract amendment is for the
26 purpose of procuring such assessment services from an independent asses-
27 sor. Contracts entered into, amended, or extended pursuant to this
28 subdivision shall not remain in force beyond September 30, [2025] 2028.
29 § 26. Section 20 of part MM of chapter 56 of the laws of 2020, direct-
30 ing the department of health to establish or procure the services of an
31 independent panel of clinical professionals and to develop and implement
32 a uniform task-based assessment tool, as amended by section 3 of part QQ
33 of chapter 57 of the laws of 2022, is amended to read as follows:
34 § 20. The department of health shall establish or procure services of
35 an independent panel or panels of clinical professionals no later than
36 October 1, 2022, in a manner and schedule as determined by the commis-
37 sioner of health, to provide as appropriate independent physician or
38 other applicable clinician orders for personal care services, including
39 as provided through the consumer directed personal assistance program,
40 available pursuant to the state's medical assistance program and to
41 determine eligibility for the consumer directed personal assistance
42 program. Notwithstanding the provisions of section 163 of the state
43 finance law, or sections 142 and 143 of the economic development law, or
44 any contrary provision of law, contracts may be entered or the commis-
45 sioner of health may amend and extend the terms of a contract awarded
46 prior to the effective date and entered into to conduct enrollment
47 broker and conflict-free evaluation services for the Medicaid program,
48 if such contract or contract amendment is for the purpose of establish-
49 ing an independent panel or panels of clinical professionals as
50 described in this section. Contracts entered into, amended, or extended
51 pursuant to this section shall not remain in force beyond September 30,
52 [2025] 2028.
53 § 26-a. Section 2 of chapter 769 of the laws of 2023, amending the
54 public health law relating to the adult cystic fibrosis assistance
55 program, as amended by section 14 of part B of chapter 57 of the laws of
56 2024, is amended to read as follows:
A. 3007--B 13
1 § 2. This act shall take effect immediately and shall expire March 31,
2 [2025] 2026 when upon such date the provisions of this act shall be
3 deemed repealed.
4 § 27. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2025; provided,
6 however, that the amendments to subdivision 3 of section 3018 of the
7 public health law made by section eight of this act shall not affect the
8 repeal of such section and shall be deemed repealed therewith.
9 PART C
10 Intentionally Omitted
11 PART D
12 Section 1. The opening paragraph of subparagraph (i) of paragraph (i)
13 of subdivision 35 of section 2807-c of the public health law, as amended
14 by section 5 of part D of chapter 57 of the laws of 2024, is amended to
15 read as follows:
16 Notwithstanding any inconsistent provision of this subdivision or any
17 other contrary provision of law and subject to the availability of
18 federal financial participation, for each state fiscal year from July
19 first, two thousand ten through December thirty-first, two thousand
20 twenty-four; and for the calendar year January first, two thousand twen-
21 ty-five through December thirty-first, two thousand twenty-five; and for
22 each calendar year thereafter, the commissioner shall make additional
23 inpatient hospital payments up to the aggregate upper payment limit for
24 inpatient hospital services after all other medical assistance payments,
25 but not to exceed two hundred thirty-five million five hundred thousand
26 dollars for the period July first, two thousand ten through March thir-
27 ty-first, two thousand eleven, three hundred fourteen million dollars
28 for each state fiscal year beginning April first, two thousand eleven,
29 through March thirty-first, two thousand thirteen, and no less than
30 three hundred thirty-nine million dollars for each state fiscal year
31 until December thirty-first, two thousand twenty-four; and then from
32 calendar year January first, two thousand twenty-five through December
33 thirty-first, two thousand twenty-five; and for each calendar year ther-
34 eafter, to general hospitals, other than major public general hospitals,
35 providing emergency room services and including safety net hospitals,
36 which shall, for the purpose of this paragraph, be defined as having
37 either: a Medicaid share of total inpatient hospital discharges of at
38 least thirty-five percent, including both fee-for-service and managed
39 care discharges for acute and exempt services; or a Medicaid share of
40 total discharges of at least thirty percent, including both fee-for-ser-
41 vice and managed care discharges for acute and exempt services, and also
42 providing obstetrical services. Provided however, that in calendar year
43 January first, two thousand twenty-six through December thirty-first,
44 two thousand twenty-six; and for each calendar year thereafter such
45 additional payments shall not be made in any calendar year in which the
46 Medicaid rates of payment approved and in effect for general hospitals
47 operated by the New York city health and hospitals corporation as estab-
48 lished by chapter one thousand sixteen of the laws of nineteen hundred
49 sixty-nine, as amended, result in such hospitals being ineligible to
50 receive Medicaid DSH payments for that calendar year. Eligibility to
51 receive such additional payments shall be based on data from the period
A. 3007--B 14
1 two years prior to the rate year, as reported on the institutional cost
2 report submitted to the department as of October first of the prior rate
3 year. Such payments shall be made as medical assistance payments for
4 fee-for-service inpatient hospital services pursuant to title eleven of
5 article five of the social services law for patients eligible for feder-
6 al financial participation under title XIX of the federal social securi-
7 ty act and in accordance with the following:
8 § 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision
9 5-d of section 2807-k of the public health law, as amended by section 1
10 of part E of chapter 57 of the laws of 2023, is amended to read as
11 follows:
12 (A) (1) one hundred thirty-nine million four hundred thousand dollars
13 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
14 payments to major public general hospitals;
15 (2) for the calendar years two thousand twenty-five and thereafter, in
16 any calendar year in which the Medicaid rates of payment approved and in
17 effect for general hospitals operated by the New York city health and
18 hospitals corporation as established by chapter one thousand sixteen of
19 the laws of nineteen hundred sixty-nine, as amended, result in such
20 hospitals being ineligible to receive Medicaid DSH payments for that
21 calendar year, the total distributions to major public general hospitals
22 shall be subject to an aggregate reduction of one hundred thirteen
23 million four hundred thousand dollars; and
24 § 3. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2025.
26 PART E
27 Section 1. Intentionally omitted.
28 § 2. Subdivision 3 of section 364-j of the social services law is
29 amended by adding a new paragraph (d-4) to read as follows:
30 (d-4) Notwithstanding paragraph (a) of this subdivision, the following
31 medical assistance recipients shall not be eligible to participate in
32 the managed care program authorized by this section or other care coor-
33 dination model established by article forty-four of the public health
34 law: any person who is permanently placed in a residential health care
35 facility for a consecutive period of three months or more. However,
36 nothing in this paragraph should be construed to apply to enrollees in
37 the Medicaid Advantage Plus Program, developed to enroll persons in
38 managed long-term care who are nursing home certifiable and who are
39 dually eligible pursuant to section forty-four hundred three-f of the
40 public health law. In implementing this provision, the department shall
41 continue to support service delivery and outcomes that result in commu-
42 nity living for enrollees.
43 § 3. Intentionally omitted.
44 § 4. This act shall take effect immediately; provided, however, that
45 section two of this act is subject to federal financial participation;
46 and provided further, however, that the amendment to section 364-j of
47 the social services law made by section two of this act shall not affect
48 the repeal of such section and shall be deemed repealed therewith.
49 PART F
50 Section 1. Section 2807-ff of the public health law, as added by
51 section 1 of part II of chapter 57 of the laws of 2024, is amended to
52 read as follows:
A. 3007--B 15
1 § 2807-ff. New York managed care organization provider tax. 1. The
2 commissioner, subject to the approval of the director of the budget,
3 shall: apply for a waiver or waivers of the broad-based and uniformity
4 requirements related to the establishment of a New York managed care
5 organization provider tax (the "MCO provider tax") in order to secure
6 federal financial participation for the costs of the medical assistance
7 program; [issue regulations to implement the MCO provider tax;] and,
8 subject to approval by the centers for [medicare and medicaid] Medicare
9 and Medicaid services, impose the MCO provider tax as an assessment upon
10 insurers, health maintenance organizations, and managed care organiza-
11 tions (collectively referred to as "health plan") offering the following
12 plans or products:
13 (a) Medical assistance program coverage provided by managed care
14 providers pursuant to section three hundred sixty-four-j of the social
15 services law;
16 (b) A [child] health insurance plan [certified] serving individuals
17 enrolled pursuant to [section twenty-five hundred eleven] title 1-A of
18 article twenty-five of this chapter;
19 (c) Essential plan coverage certified pursuant to [section three
20 hundred sixty-nine-gg] title 11-D of article five of the social services
21 law;
22 (d) Coverage purchased on the New York insurance exchange established
23 pursuant to section two hundred sixty-eight-b of this chapter; or
24 (e) Any other comprehensive coverage subject to articles thirty-two,
25 forty-two and forty-three of the insurance law, or article forty-four of
26 this chapter.
27 2. The MCO provider tax shall comply with all relevant provisions of
28 federal laws, rules and regulations.
29 3. The department shall post on its website the MCO provider tax
30 approval letter by the centers for Medicare and Medicaid services (the
31 "approval letter").
32 4. A health plan, as defined in subdivision one of this section, shall
33 pay the MCO provider tax for each calendar year as follows:
34 (a) For Medicaid member months below two hundred fifty thousand member
35 months, a health plan shall pay one hundred twenty-six dollars per
36 member month;
37 (b) For Medicaid member months greater than or equal to two hundred
38 fifty thousand member months but less than five hundred thousand member
39 months, a health plan shall pay eighty-eight dollars per member month;
40 (c) For Medicaid member months greater than or equal to five hundred
41 thousand member months, a health plan shall pay twenty-five dollars per
42 member month;
43 (d) For essential plan member months less than two hundred fifty thou-
44 sand member months, a health plan shall pay thirteen dollars per member
45 month;
46 (e) For essential plan member months greater than or equal to two
47 hundred fifty thousand member months, a health plan shall pay seven
48 dollars per member month;
49 (f) For non-essential plan non-Medicaid member months, consisting of
50 the populations covered by the products described in paragraphs (b),
51 (d), and (e) of subdivision one of this section, less than two hundred
52 fifty thousand member months, a health plan shall pay two dollars per
53 member month; and
54 (g) For non-essential plan non-Medicaid member months greater than or
55 equal to two hundred fifty thousand member months, a health plan shall
56 pay one dollar and fifty cents per member month.
A. 3007--B 16
1 5. A health plan shall remit the MCO provider tax due pursuant to this
2 section to the commissioner or their designee quarterly or at a frequen-
3 cy defined by the commissioner.
4 6. Funds accumulated from the MCO provider tax, including interest and
5 penalties, shall be deposited and credited by the commissioner, or the
6 commissioner's designee, to the healthcare stability fund established in
7 section ninety-nine-ss of the state finance law.
8 7. (a) Every health plan subject to the approved MCO provider tax
9 shall submit reports in a form prescribed by the commissioner to accu-
10 rately disclose information required to implement this section.
11 (b) If a health plan fails to file reports required pursuant to this
12 subdivision within sixty days of the date such reports are due and after
13 notification of such reporting delinquency, the commissioner may assess
14 a civil penalty of up to ten thousand dollars for each failure;
15 provided, however, that such civil penalty shall not be imposed if the
16 health plan demonstrates good cause for the failure to timely file such
17 reports.
18 8. (a) If a payment made pursuant to this section is not timely,
19 interest shall be payable in the same rate and manner as defined in
20 subdivision eight of section twenty-eight hundred seven-j of this arti-
21 cle.
22 (b) The commissioner may waive a portion or all of either the interest
23 or penalties, or both, assessed under this section if the commissioner
24 determines, in their sole discretion, that the health plan has demon-
25 strated that imposition of the full amount of the MCO provider tax
26 pursuant to the timelines applicable under the approval letter has a
27 high likelihood of creating an undue financial hardship for the health
28 plan or creates a significant financial difficulty in providing needed
29 services to Medicaid beneficiaries. In addition, the commissioner may
30 waive a portion or all of either the interest or penalties, or both,
31 assessed under this section if the commissioner determines, in their
32 sole discretion, that the health plan did not have the information
33 necessary from the department to pay the tax required in this section.
34 Waiver of some or all of the interest or penalties pursuant to this
35 subdivision shall be conditioned on the health plan's agreement to make
36 MCO provider tax payments on an alternative schedule developed by the
37 department that takes into account the financial situation of the health
38 plan and the potential impact on the delivery of services to Medicaid
39 beneficiaries.
40 (c) Overpayment by or on behalf of a health plan of a payment shall be
41 applied to any other payment due from the health plan pursuant to this
42 section, or, if no payment is due, at the election of the health plan,
43 shall be applied to future payments or refunded to the health plan.
44 Interest shall be paid on overpayments from the date of overpayment to
45 the date of crediting or refunding at the rate determined in accordance
46 with this subdivision only if the overpayment was made at the direction
47 of the commissioner. Interest under this paragraph shall not be paid if
48 the amount thereof is less than one dollar.
49 9. Payments and reports submitted or required to be submitted to the
50 commissioner pursuant to this section by a health plan shall be subject
51 to audit by the commissioner for a period of six years following the
52 close of the calendar year in which such payments and reports are due,
53 after which such payments shall be deemed final and not subject to
54 further adjustment or reconciliation, including through offset adjust-
55 ments or reconciliations made by a health plan; provided, however, that
56 nothing in this section shall be construed as precluding the commission-
A. 3007--B 17
1 er from pursuing collection of any such payments which are identified as
2 delinquent within such six-year period, or which are identified as
3 delinquent as a result of an audit commenced within such six-year peri-
4 od, or from conducting an audit of any adjustment or reconciliation made
5 by a health plan, or from conducting an audit of payments made prior to
6 such six-year period which are found to be commingled with payments
7 which are otherwise subject to timely audit pursuant to this section.
8 10. In the event of a merger, acquisition, establishment, or any other
9 similar transaction that results in the transfer of health plan respon-
10 sibility for all enrollees under this section from a health plan to
11 another health plan or similar entity, and that occurs at any time
12 during which this section is effective, the resultant health plan or
13 similar entity shall be responsible for paying the full tax amount as
14 provided in this section that would have been the responsibility of the
15 health plan to which that full tax amount was assessed upon the effec-
16 tive date of any such transaction. If a merger, acquisition, establish-
17 ment, or any other similar transaction results in the transfer of health
18 plan responsibility for only some of a health plan's enrollees under
19 this section but not all enrollees, the full tax amount as provided in
20 this section shall remain the responsibility of that health plan to
21 which that full tax amount was assessed.
22 § 2. Section 99-rr of the state finance law, as added by section 2 of
23 part II of chapter 57 of the laws of 2024, is renumbered section 99-ss
24 and is amended to read to as follows:
25 § 99-ss. Healthcare stability fund. 1. There is hereby established in
26 the joint custody of the state comptroller and the commissioner of taxa-
27 tion and finance a special fund to be known as the "healthcare stability
28 fund" ("fund").
29 2. (a) The fund shall consist of monies received from the imposition
30 of the centers for medicare and medicaid services-approved MCO provider
31 tax established pursuant to section twenty-eight hundred seven-ff of the
32 public health law, and all other monies appropriated, credited, or
33 transferred thereto from any other fund or source pursuant to law.
34 (b) The pool administrator under contract with the commissioner of
35 health pursuant to section twenty-eight hundred seven-y of the public
36 health law shall collect moneys required to be collected as a result of
37 the implementation of the MCO provider tax.
38 3. Notwithstanding any provision of law to the contrary and subject to
39 available legislative appropriation and approval of the director of the
40 budget, monies of the fund may be available [for] to the department of
41 health for the purpose of:
42 (a) funding the non-federal share of increased capitation payments to
43 managed care providers, as defined in section three hundred sixty-four-j
44 of the social services law, for the medical assistance program, pursuant
45 to a plan developed and approved by the director of the budget;
46 (b) funding the non-federal share of the medical assistance program,
47 including supplemental support for the delivery of health care services
48 to medical assistance program enrollees and quality incentive programs;
49 (c) reimbursement to the general fund for expenditures incurred in the
50 medical assistance program, including, but not limited to, reimbursement
51 pursuant to a savings allocation plan established in accordance with
52 section ninety-two of part H of chapter fifty-nine of the laws of two
53 thousand eleven, as amended; and
54 (d) transfer to the capital projects fund, or any other capital
55 projects fund of the state to support the delivery of health care
56 services.
A. 3007--B 18
1 4. The monies shall be paid out of the fund on the audit and warrant
2 of the comptroller on vouchers certified or approved by the commissioner
3 of health, or by an officer or employee of the department of health
4 designated by the commissioner.
5 [4.] 5. Monies disbursed from the fund shall be exempt from the calcu-
6 lation of department of health state funds medicaid expenditures under
7 subdivision one of section ninety-two of part H of chapter fifty-nine of
8 the laws of two thousand eleven, as amended.
9 [5.] 6. Monies in such fund shall be kept separate from and shall not
10 be commingled with any other monies in the custody of the comptroller or
11 the commissioner of taxation and finance. Any monies of the fund not
12 required for immediate use may, at the discretion of the comptroller, in
13 consultation with the director of the budget, be invested by the comp-
14 troller in obligations of the United States or the state. Any income
15 earned by the investment of such monies shall be added to and become a
16 part of and shall be used for the purposes of such fund.
17 [6.] 7. The director of the budget shall provide quarterly reports to
18 the speaker of the assembly, the temporary president of the senate, the
19 chair of the senate finance committee and the chair of the assembly ways
20 and means committee, on the receipts and distributions of the healthcare
21 stability fund, including an itemization of such receipts and disburse-
22 ments, the historical and projected expenditures, and the projected fund
23 balance.
24 8. The comptroller shall provide the pool administrator with any
25 information needed, in a form or format prescribed by the pool adminis-
26 trator, to meet reporting requirements as set forth in section twenty-
27 eight hundred seven-y of the public health law or as otherwise provided
28 by law.
29 § 3. Section 1-a of part I of chapter 57 of the laws of 2022 providing
30 a one percent across the board payment increase to all qualifying fee-
31 for-service Medicaid rates, as amended by section 1 of part NN of chap-
32 ter 57 of the laws of 2024, is amended to read as follows:
33 § 1-a. Notwithstanding any provision of law to the contrary, for the
34 state fiscal years beginning April 1, 2023, and thereafter, Medicaid
35 payments made for the operating component of hospital inpatient services
36 shall be subject to a uniform rate increase of seven and one-half
37 percent in addition to the increase contained in section one of this
38 act, subject to the approval of the commissioner of health and the
39 director of the budget. Notwithstanding any provision of law to the
40 contrary, for the state fiscal years beginning April 1, 2023, and there-
41 after, Medicaid payments made for the operating component of hospital
42 outpatient services shall be subject to a uniform rate increase of six
43 and one-half percent in addition to the increase contained in section
44 one of this act, subject to the approval of the commissioner of health
45 and the director of the budget. Notwithstanding any provision of law to
46 the contrary, for the period April 1, 2024 through March 31, 2025 Medi-
47 caid payments made for hospital services shall be increased by an aggre-
48 gate amount of up to $525,000,000 in addition to the increase contained
49 in sections one and one-b of this act subject to the approval of the
50 commissioner of health and the director of the budget. Notwithstanding
51 any provision of law to the contrary, for the state fiscal years begin-
52 ning April 1, 2025, and thereafter, Medicaid payments made for the oper-
53 ating component of hospital outpatient services shall be subject to a
54 uniform rate increase pursuant to a plan approved by the director of the
55 budget in addition to the applicable increase contained in section one
56 of this act and this section, subject to the approval of the commission-
A. 3007--B 19
1 er of health and the director of the budget. Notwithstanding any
2 provision of law to the contrary, for the period April 1, 2025, and
3 thereafter, Medicaid payments made for hospital services shall be
4 increased by an aggregate amount of up to $625,000,000 in addition to
5 the increase contained in section one of this act and this section,
6 subject to the approval of the commissioner of health and the director
7 of the budget. Such rate increases shall be subject to federal financial
8 participation and the provisions established under section one-f of this
9 act.
10 § 4. Section 1-b of part I of chapter 57 of the laws of 2022 providing
11 a one percent across the board payment increase to all qualifying fee-
12 for-service Medicaid rates, as amended by section 2 of part NN of chap-
13 ter 57 of the laws of 2024, is amended to read as follows:
14 § 1-b. Notwithstanding any provision of law to the contrary, for the
15 state fiscal years beginning April 1, 2023, and thereafter, Medicaid
16 payments made for the operating component of residential health care
17 facilities services shall be subject to a uniform rate increase of 6.5
18 percent in addition to the increase contained in subdivision 1 of
19 section 1 of this part, subject to the approval of the commissioner of
20 the department of health and the director of the division of the budget;
21 provided, however, that such Medicaid payments shall be subject to a
22 uniform rate increase of up to 7.5 percent in addition to the increase
23 contained in subdivision 1 of section 1 of this part contingent upon
24 approval of the commissioner of the department of health, the director
25 of the division of the budget, and the Centers for Medicare and Medicaid
26 Services. Notwithstanding any provision of law to the contrary, for the
27 period April 1, 2024 through March 31, 2025 Medicaid payments made for
28 nursing home services shall be increased by an aggregate amount of up to
29 $285,000,000 in addition to the increase contained in [sections] section
30 one [and one-c] of this act and this section subject to the approval of
31 the commissioner of health and the director of the budget. Such rate
32 increases shall be subject to federal financial participation. Notwith-
33 standing any provision of law to the contrary, for state fiscal years
34 beginning April 1, 2025, and thereafter Medicaid payments made for nurs-
35 ing home services shall be increased by an aggregate amount of up to
36 $481,250,000 in addition to the increase contained in section one of
37 this act and this section, subject to the approval of the commissioner
38 of health and the director of the budget. Such rate increases shall be
39 subject to federal financial participation and the provisions estab-
40 lished under section one-f of this act.
41 § 5. Sections 1-c and 1-d of part I of chapter 57 of the laws of 2022
42 providing a one percent across the board payment increase to all quali-
43 fying fee-for-service Medicaid rates, are renumbered sections 1-d and
44 1-e and a new section 1-c is added to read as follows:
45 § 1-c. Notwithstanding any provision of law to the contrary, for the
46 period April 1, 2025, and thereafter, Medicaid payments made for clinic
47 service provided by federally qualified health centers and diagnostic
48 and treatment centers shall be increased by an aggregate amount of up to
49 $70,000,000 in addition to any applicable increase contained in section
50 one of this act subject to the approval of the commissioner of health
51 and the director of the budget. Such rate increases shall be subject to
52 federal financial participation and the provisions established under
53 section one-f of this act.
54 § 6. Section 1-d of part I of chapter 57 of the laws of 2022 providing
55 a one percent across the board payment increase to all qualifying fee-
56 for-service Medicaid rates, as amended by section 3 of part NN of chap-
A. 3007--B 20
1 ter 57 of the laws of 2024, and as renumbered by section five of this
2 act, is amended to read as follows:
3 § 1-d. Notwithstanding any provision of law to the contrary, for the
4 state fiscal years beginning April 1, 2023, and thereafter, Medicaid
5 payments made for the operating component of assisted living programs as
6 defined by paragraph (a) of subdivision one of section 461-l of the
7 social services law shall be subject to a uniform rate increase of 6.5
8 percent in addition to the increase contained in section one of this
9 part, subject to the approval of the commissioner of the department of
10 health and the director of division of the budget. Notwithstanding any
11 provision of law to the contrary, for the period April 1, 2024 through
12 March 31, 2025, Medicaid payments for assisted living programs shall be
13 increased by up to $15,000,000 in addition to the increase contained in
14 this section subject to the approval of the commissioner of health and
15 the director of the budget. Notwithstanding any provision of law to the
16 contrary, for the state fiscal years beginning on April 1, 2025 and
17 thereafter, Medicaid payments for assisted living programs shall be
18 increased by up to $18,750,000 in addition to the increase contained in
19 this section subject to the approval of the commissioner of health and
20 the director of the budget. Such rate increases shall be subject to
21 federal financial participation and the provisions established under
22 section one-f of this act.
23 § 7. Section 1-e of part I of chapter 57 of the laws of 2022 providing
24 a one percent across the board payment increase to all qualifying fee-
25 for-service Medicaid rates, as added by section 4 of part NN of chapter
26 57 of the laws of 2024, and as renumbered by section five of this act,
27 is amended and a new section 1-f is added to read as follows:
28 § 1-e. Such increases as added by the chapter of the laws of 2024 that
29 added this section may take the form of increased rates of payment in
30 Medicaid fee-for-service and/or Medicaid managed care, lump sum
31 payments, or state directed payments under 42 CFR 438.6(c). Such rate
32 increases shall be subject to federal financial participation and the
33 provisions established under section one-f of this act.
34 § 1-f. Such increases as added by the chapter of the laws of 2025 that
35 added this section shall be contingent upon the availability of funds
36 within the healthcare stability fund established by section 99-ss of the
37 state finance law. Upon a determination by the director of the budget
38 that the balance of such fund is projected to be insufficient to support
39 the continuation of such increases, the commissioner of health, subject
40 to the approval of the director of the budget, shall take steps neces-
41 sary to suspend or terminate such increases, until a determination is
42 made that there are sufficient balances to support these increases.
43 § 8. This act shall take effect immediately; provided, however, that
44 sections three, four, five, six and seven of this act shall be deemed to
45 have been in full force and effect on and after April 1, 2025.
46 PART G
47 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
48 of the laws of 1986, amending the civil practice law and rules and other
49 laws relating to malpractice and professional medical conduct, as
50 amended by section 1 of part K of chapter 57 of the laws of 2024, is
51 amended to read as follows:
52 (a) The superintendent of financial services and the commissioner of
53 health or their designee shall, from funds available in the hospital
54 excess liability pool created pursuant to subdivision 5 of this section,
A. 3007--B 21
1 purchase a policy or policies for excess insurance coverage, as author-
2 ized by paragraph 1 of subsection (e) of section 5502 of the insurance
3 law; or from an insurer, other than an insurer described in section 5502
4 of the insurance law, duly authorized to write such coverage and actual-
5 ly writing medical malpractice insurance in this state; or shall
6 purchase equivalent excess coverage in a form previously approved by the
7 superintendent of financial services for purposes of providing equiv-
8 alent excess coverage in accordance with section 19 of chapter 294 of
9 the laws of 1985, for medical or dental malpractice occurrences between
10 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
11 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
12 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
13 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
14 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
15 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
16 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
17 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
18 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
19 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
20 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
21 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
22 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
23 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
24 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
25 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
26 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
27 between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
28 30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
29 and June 30, 2020, between July 1, 2020 and June 30, 2021, between July
30 1, 2021 and June 30, 2022, between July 1, 2022 and June 30, 2023,
31 between July 1, 2023 and June 30, 2024, [and] between July 1, 2024 and
32 June 30, 2025, and between July 1, 2025 and June 30, 2026 or reimburse
33 the hospital where the hospital purchases equivalent excess coverage as
34 defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this
35 section for medical or dental malpractice occurrences between July 1,
36 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between
37 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991,
38 between July 1, 1991 and June 30, 1992, between July 1, 1992 and June
39 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994
40 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July
41 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998,
42 between July 1, 1998 and June 30, 1999, between July 1, 1999 and June
43 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001
44 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July
45 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005,
46 between July 1, 2005 and June 30, 2006, between July 1, 2006 and June
47 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008
48 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July
49 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012,
50 between July 1, 2012 and June 30, 2013, between July 1, 2013 and June
51 30, 2014, between July 1, 2014 and June 30, 2015, between July 1, 2015
52 and June 30, 2016, between July 1, 2016 and June 30, 2017, between July
53 1, 2017 and June 30, 2018, between July 1, 2018 and June 30, 2019,
54 between July 1, 2019 and June 30, 2020, between July 1, 2020 and June
55 30, 2021, between July 1, 2021 and June 30, 2022, between July 1, 2022
56 and June 30, 2023, between July 1, 2023 and June 30, 2024, [and] between
A. 3007--B 22
1 July 1, 2024 and June 30, 2025, and between July 1, 2025 and June 30,
2 2026 for physicians or dentists certified as eligible for each such
3 period or periods pursuant to subdivision 2 of this section by a general
4 hospital licensed pursuant to article 28 of the public health law;
5 provided that no single insurer shall write more than fifty percent of
6 the total excess premium for a given policy year; and provided, however,
7 that such eligible physicians or dentists must have in force an individ-
8 ual policy, from an insurer licensed in this state of primary malprac-
9 tice insurance coverage in amounts of no less than one million three
10 hundred thousand dollars for each claimant and three million nine
11 hundred thousand dollars for all claimants under that policy during the
12 period of such excess coverage for such occurrences or be endorsed as
13 additional insureds under a hospital professional liability policy which
14 is offered through a voluntary attending physician ("channeling")
15 program previously permitted by the superintendent of financial services
16 during the period of such excess coverage for such occurrences. During
17 such period, such policy for excess coverage or such equivalent excess
18 coverage shall, when combined with the physician's or dentist's primary
19 malpractice insurance coverage or coverage provided through a voluntary
20 attending physician ("channeling") program, total an aggregate level of
21 two million three hundred thousand dollars for each claimant and six
22 million nine hundred thousand dollars for all claimants from all such
23 policies with respect to occurrences in each of such years provided,
24 however, if the cost of primary malpractice insurance coverage in excess
25 of one million dollars, but below the excess medical malpractice insur-
26 ance coverage provided pursuant to this act, exceeds the rate of nine
27 percent per annum, then the required level of primary malpractice insur-
28 ance coverage in excess of one million dollars for each claimant shall
29 be in an amount of not less than the dollar amount of such coverage
30 available at nine percent per annum; the required level of such coverage
31 for all claimants under that policy shall be in an amount not less than
32 three times the dollar amount of coverage for each claimant; and excess
33 coverage, when combined with such primary malpractice insurance cover-
34 age, shall increase the aggregate level for each claimant by one million
35 dollars and three million dollars for all claimants; and provided
36 further, that, with respect to policies of primary medical malpractice
37 coverage that include occurrences between April 1, 2002 and June 30,
38 2002, such requirement that coverage be in amounts no less than one
39 million three hundred thousand dollars for each claimant and three
40 million nine hundred thousand dollars for all claimants for such occur-
41 rences shall be effective April 1, 2002.
42 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
43 amending the civil practice law and rules and other laws relating to
44 malpractice and professional medical conduct, as amended by section 2 of
45 part K of chapter 57 of the laws of 2024, is amended to read as follows:
46 (3)(a) The superintendent of financial services shall determine and
47 certify to each general hospital and to the commissioner of health the
48 cost of excess malpractice insurance for medical or dental malpractice
49 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
50 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
51 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
52 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
53 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
54 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
55 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
56 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
A. 3007--B 23
1 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
2 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
3 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
4 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
5 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
6 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
7 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013,
8 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
9 30, 2015, between July 1, 2015 and June 30, 2016, between July 1, 2016
10 and June 30, 2017, between July 1, 2017 and June 30, 2018, between July
11 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
12 between July 1, 2020 and June 30, 2021, between July 1, 2021 and June
13 30, 2022, between July 1, 2022 and June 30, 2023, between July 1, 2023
14 and June 30, 2024, [and] between July 1, 2024 and June 30, 2025, and
15 between July 1, 2025 and June 30, 2026 allocable to each general hospi-
16 tal for physicians or dentists certified as eligible for purchase of a
17 policy for excess insurance coverage by such general hospital in accord-
18 ance with subdivision 2 of this section, and may amend such determi-
19 nation and certification as necessary.
20 (b) The superintendent of financial services shall determine and
21 certify to each general hospital and to the commissioner of health the
22 cost of excess malpractice insurance or equivalent excess coverage for
23 medical or dental malpractice occurrences between July 1, 1987 and June
24 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
25 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
26 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
27 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
28 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
29 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
30 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
31 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
32 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
33 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
34 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
35 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
36 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
37 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
38 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
39 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
40 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
41 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
42 1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
43 between July 1, 2021 and June 30, 2022, between July 1, 2022 and June
44 30, 2023, between July 1, 2023 and June 30, 2024, [and] between July 1,
45 2024 and June 30, 2025, and between July 1, 2025 and June 30, 2026 allo-
46 cable to each general hospital for physicians or dentists certified as
47 eligible for purchase of a policy for excess insurance coverage or
48 equivalent excess coverage by such general hospital in accordance with
49 subdivision 2 of this section, and may amend such determination and
50 certification as necessary. The superintendent of financial services
51 shall determine and certify to each general hospital and to the commis-
52 sioner of health the ratable share of such cost allocable to the period
53 July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June
54 30, 1988, to the period July 1, 1988 to December 31, 1988, to the period
55 January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December
56 31, 1989, to the period January 1, 1990 to June 30, 1990, to the period
A. 3007--B 24
1 July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June
2 30, 1991, to the period July 1, 1991 to December 31, 1991, to the period
3 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
4 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
5 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
6 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
7 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
8 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
9 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
10 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
11 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
12 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
13 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
14 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
15 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
16 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
17 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
18 the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
19 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
20 period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
21 June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
22 period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
23 June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
24 period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
25 June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
26 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
27 30, 2019, to the period July 1, 2019 to June 30, 2020, to the period
28 July 1, 2020 to June 30, 2021, to the period July 1, 2021 to June 30,
29 2022, to the period July 1, 2022 to June 30, 2023, to the period July 1,
30 2023 to June 30, 2024, [and] to the period July 1, 2024 to June 30,
31 2025, and to the period July 1, 2025 to June 30, 2026.
32 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
33 18 of chapter 266 of the laws of 1986, amending the civil practice law
34 and rules and other laws relating to malpractice and professional
35 medical conduct, as amended by section 3 of part K of chapter 57 of the
36 laws of 2024, are amended to read as follows:
37 (a) To the extent funds available to the hospital excess liability
38 pool pursuant to subdivision 5 of this section as amended, and pursuant
39 to section 6 of part J of chapter 63 of the laws of 2001, as may from
40 time to time be amended, which amended this subdivision, are insuffi-
41 cient to meet the costs of excess insurance coverage or equivalent
42 excess coverage for coverage periods during the period July 1, 1992 to
43 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
44 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
45 to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
46 during the period July 1, 1997 to June 30, 1998, during the period July
47 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
48 2000, during the period July 1, 2000 to June 30, 2001, during the period
49 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
50 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
51 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
52 to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
53 during the period July 1, 2006 to June 30, 2007, during the period July
54 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
55 2009, during the period July 1, 2009 to June 30, 2010, during the period
56 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
A. 3007--B 25
1 30, 2012, during the period July 1, 2012 to June 30, 2013, during the
2 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
3 June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
4 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
5 to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
6 during the period July 1, 2019 to June 30, 2020, during the period July
7 1, 2020 to June 30, 2021, during the period July 1, 2021 to June 30,
8 2022, during the period July 1, 2022 to June 30, 2023, during the period
9 July 1, 2023 to June 30, 2024, [and] during the period July 1, 2024 to
10 June 30, 2025, and during the period July 1, 2025 to June 30 2026 allo-
11 cated or reallocated in accordance with paragraph (a) of subdivision 4-a
12 of this section to rates of payment applicable to state governmental
13 agencies, each physician or dentist for whom a policy for excess insur-
14 ance coverage or equivalent excess coverage is purchased for such period
15 shall be responsible for payment to the provider of excess insurance
16 coverage or equivalent excess coverage of an allocable share of such
17 insufficiency, based on the ratio of the total cost of such coverage for
18 such physician to the sum of the total cost of such coverage for all
19 physicians applied to such insufficiency.
20 (b) Each provider of excess insurance coverage or equivalent excess
21 coverage covering the period July 1, 1992 to June 30, 1993, or covering
22 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
23 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
24 1996, or covering the period July 1, 1996 to June 30, 1997, or covering
25 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
26 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
27 2000, or covering the period July 1, 2000 to June 30, 2001, or covering
28 the period July 1, 2001 to October 29, 2001, or covering the period
29 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
30 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
31 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
32 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
33 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
34 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
35 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
36 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
37 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
38 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
39 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
40 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
41 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
42 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
43 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
44 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
45 June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or
46 covering the period July 1, 2024 to June 30, 2025, or covering the peri-
47 od July 1, 2025 to June 30, 2026 shall notify a covered physician or
48 dentist by mail, mailed to the address shown on the last application for
49 excess insurance coverage or equivalent excess coverage, of the amount
50 due to such provider from such physician or dentist for such coverage
51 period determined in accordance with paragraph (a) of this subdivision.
52 Such amount shall be due from such physician or dentist to such provider
53 of excess insurance coverage or equivalent excess coverage in a time and
54 manner determined by the superintendent of financial services.
55 (c) If a physician or dentist liable for payment of a portion of the
56 costs of excess insurance coverage or equivalent excess coverage cover-
A. 3007--B 26
1 ing the period July 1, 1992 to June 30, 1993, or covering the period
2 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
3 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
4 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
5 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
6 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
7 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
8 od July 1, 2001 to October 29, 2001, or covering the period April 1,
9 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
10 2003, or covering the period July 1, 2003 to June 30, 2004, or covering
11 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
12 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
13 2007, or covering the period July 1, 2007 to June 30, 2008, or covering
14 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
15 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
16 2011, or covering the period July 1, 2011 to June 30, 2012, or covering
17 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
18 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
19 2015, or covering the period July 1, 2015 to June 30, 2016, or covering
20 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
21 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
22 2019, or covering the period July 1, 2019 to June 30, 2020, or covering
23 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
24 2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
25 2023, or covering the period July 1, 2023 to June 30, 2024, or covering
26 the period July 1, 2024 to June 30, 2025, or covering the period July 1,
27 2025 to June 30, 2026 determined in accordance with paragraph (a) of
28 this subdivision fails, refuses or neglects to make payment to the
29 provider of excess insurance coverage or equivalent excess coverage in
30 such time and manner as determined by the superintendent of financial
31 services pursuant to paragraph (b) of this subdivision, excess insurance
32 coverage or equivalent excess coverage purchased for such physician or
33 dentist in accordance with this section for such coverage period shall
34 be cancelled and shall be null and void as of the first day on or after
35 the commencement of a policy period where the liability for payment
36 pursuant to this subdivision has not been met.
37 (d) Each provider of excess insurance coverage or equivalent excess
38 coverage shall notify the superintendent of financial services and the
39 commissioner of health or their designee of each physician and dentist
40 eligible for purchase of a policy for excess insurance coverage or
41 equivalent excess coverage covering the period July 1, 1992 to June 30,
42 1993, or covering the period July 1, 1993 to June 30, 1994, or covering
43 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
44 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
45 1997, or covering the period July 1, 1997 to June 30, 1998, or covering
46 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
47 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
48 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
49 ing the period April 1, 2002 to June 30, 2002, or covering the period
50 July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
51 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
52 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
53 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
54 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
55 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
56 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
A. 3007--B 27
1 June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
2 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
3 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
4 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
5 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
6 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
7 June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
8 covering the period July 1, 2021 to June 30, 2022, or covering the peri-
9 od July 1, 2022 to June 30, 2023, or covering the period July 1, 2023 to
10 June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, or
11 covering the period July 1, 2025 to June 30, 2026 that has made payment
12 to such provider of excess insurance coverage or equivalent excess
13 coverage in accordance with paragraph (b) of this subdivision and of
14 each physician and dentist who has failed, refused or neglected to make
15 such payment.
16 (e) A provider of excess insurance coverage or equivalent excess
17 coverage shall refund to the hospital excess liability pool any amount
18 allocable to the period July 1, 1992 to June 30, 1993, and to the period
19 July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
20 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
21 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
22 June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
23 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
24 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
25 and to the period April 1, 2002 to June 30, 2002, and to the period July
26 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
27 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
28 July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
29 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
30 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
31 June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
32 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
33 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
34 to the period July 1, 2014 to June 30, 2015, and to the period July 1,
35 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
36 to the period July 1, 2017 to June 30, 2018, and to the period July 1,
37 2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
38 and to the period July 1, 2020 to June 30, 2021, and to the period July
39 1, 2021 to June 30, 2022, and to the period July 1, 2022 to June 30,
40 2023, and to the period July 1, 2023 to June 30, 2024, and to the period
41 July 1, 2024 to June 30, 2025, and to the period July 1, 2025 to June
42 30, 2026 received from the hospital excess liability pool for purchase
43 of excess insurance coverage or equivalent excess coverage covering the
44 period July 1, 1992 to June 30, 1993, and covering the period July 1,
45 1993 to June 30, 1994, and covering the period July 1, 1994 to June 30,
46 1995, and covering the period July 1, 1995 to June 30, 1996, and cover-
47 ing the period July 1, 1996 to June 30, 1997, and covering the period
48 July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to
49 June 30, 1999, and covering the period July 1, 1999 to June 30, 2000,
50 and covering the period July 1, 2000 to June 30, 2001, and covering the
51 period July 1, 2001 to October 29, 2001, and covering the period April
52 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June
53 30, 2003, and covering the period July 1, 2003 to June 30, 2004, and
54 covering the period July 1, 2004 to June 30, 2005, and covering the
55 period July 1, 2005 to June 30, 2006, and covering the period July 1,
56 2006 to June 30, 2007, and covering the period July 1, 2007 to June 30,
A. 3007--B 28
1 2008, and covering the period July 1, 2008 to June 30, 2009, and cover-
2 ing the period July 1, 2009 to June 30, 2010, and covering the period
3 July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to
4 June 30, 2012, and covering the period July 1, 2012 to June 30, 2013,
5 and covering the period July 1, 2013 to June 30, 2014, and covering the
6 period July 1, 2014 to June 30, 2015, and covering the period July 1,
7 2015 to June 30, 2016, and covering the period July 1, 2016 to June 30,
8 2017, and covering the period July 1, 2017 to June 30, 2018, and cover-
9 ing the period July 1, 2018 to June 30, 2019, and covering the period
10 July 1, 2019 to June 30, 2020, and covering the period July 1, 2020 to
11 June 30, 2021, and covering the period July 1, 2021 to June 30, 2022,
12 and covering the period July 1, 2022 to June 30, 2023 for, and covering
13 the period July 1, 2023 to June 30, 2024, and covering the period July
14 1, 2024 to June 30, 2025, and covering the period July 1, 2025 to June
15 30, 2026 a physician or dentist where such excess insurance coverage or
16 equivalent excess coverage is cancelled in accordance with paragraph (c)
17 of this subdivision.
18 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
19 practice law and rules and other laws relating to malpractice and
20 professional medical conduct, as amended by section 4 of part K of chap-
21 ter 57 of the laws of 2024, is amended to read as follows:
22 § 40. The superintendent of financial services shall establish rates
23 for policies providing coverage for physicians and surgeons medical
24 malpractice for the periods commencing July 1, 1985 and ending June 30,
25 [2025] 2026; provided, however, that notwithstanding any other provision
26 of law, the superintendent shall not establish or approve any increase
27 in rates for the period commencing July 1, 2009 and ending June 30,
28 2010. The superintendent shall direct insurers to establish segregated
29 accounts for premiums, payments, reserves and investment income attrib-
30 utable to such premium periods and shall require periodic reports by the
31 insurers regarding claims and expenses attributable to such periods to
32 monitor whether such accounts will be sufficient to meet incurred claims
33 and expenses. On or after July 1, 1989, the superintendent shall impose
34 a surcharge on premiums to satisfy a projected deficiency that is
35 attributable to the premium levels established pursuant to this section
36 for such periods; provided, however, that such annual surcharge shall
37 not exceed eight percent of the established rate until July 1, [2025]
38 2026, at which time and thereafter such surcharge shall not exceed twen-
39 ty-five percent of the approved adequate rate, and that such annual
40 surcharges shall continue for such period of time as shall be sufficient
41 to satisfy such deficiency. The superintendent shall not impose such
42 surcharge during the period commencing July 1, 2009 and ending June 30,
43 2010. On and after July 1, 1989, the surcharge prescribed by this
44 section shall be retained by insurers to the extent that they insured
45 physicians and surgeons during the July 1, 1985 through June 30, [2025]
46 2026 policy periods; in the event and to the extent physicians and
47 surgeons were insured by another insurer during such periods, all or a
48 pro rata share of the surcharge, as the case may be, shall be remitted
49 to such other insurer in accordance with rules and regulations to be
50 promulgated by the superintendent. Surcharges collected from physicians
51 and surgeons who were not insured during such policy periods shall be
52 apportioned among all insurers in proportion to the premium written by
53 each insurer during such policy periods; if a physician or surgeon was
54 insured by an insurer subject to rates established by the superintendent
55 during such policy periods, and at any time thereafter a hospital,
56 health maintenance organization, employer or institution is responsible
A. 3007--B 29
1 for responding in damages for liability arising out of such physician's
2 or surgeon's practice of medicine, such responsible entity shall also
3 remit to such prior insurer the equivalent amount that would then be
4 collected as a surcharge if the physician or surgeon had continued to
5 remain insured by such prior insurer. In the event any insurer that
6 provided coverage during such policy periods is in liquidation, the
7 property/casualty insurance security fund shall receive the portion of
8 surcharges to which the insurer in liquidation would have been entitled.
9 The surcharges authorized herein shall be deemed to be income earned for
10 the purposes of section 2303 of the insurance law. The superintendent,
11 in establishing adequate rates and in determining any projected defi-
12 ciency pursuant to the requirements of this section and the insurance
13 law, shall give substantial weight, determined in his discretion and
14 judgment, to the prospective anticipated effect of any regulations
15 promulgated and laws enacted and the public benefit of stabilizing
16 malpractice rates and minimizing rate level fluctuation during the peri-
17 od of time necessary for the development of more reliable statistical
18 experience as to the efficacy of such laws and regulations affecting
19 medical, dental or podiatric malpractice enacted or promulgated in 1985,
20 1986, by this act and at any other time. Notwithstanding any provision
21 of the insurance law, rates already established and to be established by
22 the superintendent pursuant to this section are deemed adequate if such
23 rates would be adequate when taken together with the maximum authorized
24 annual surcharges to be imposed for a reasonable period of time whether
25 or not any such annual surcharge has been actually imposed as of the
26 establishment of such rates.
27 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
28 chapter 63 of the laws of 2001, amending chapter 266 of the laws of
29 1986, amending the civil practice law and rules and other laws relating
30 to malpractice and professional medical conduct, as amended by section 5
31 of part K of chapter 57 of the laws of 2024, are amended to read as
32 follows:
33 § 5. The superintendent of financial services and the commissioner of
34 health shall determine, no later than June 15, 2002, June 15, 2003, June
35 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
36 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
37 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
38 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
39 June 15, 2023, June 15, 2024, [and] June 15, 2025, and June 15, 2026 the
40 amount of funds available in the hospital excess liability pool, created
41 pursuant to section 18 of chapter 266 of the laws of 1986, and whether
42 such funds are sufficient for purposes of purchasing excess insurance
43 coverage for eligible participating physicians and dentists during the
44 period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003,
45 or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
46 July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
47 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,
48 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
49 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
50 June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
51 30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
52 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
53 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
54 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
55 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026
56 as applicable.
A. 3007--B 30
1 (a) This section shall be effective only upon a determination, pursu-
2 ant to section five of this act, by the superintendent of financial
3 services and the commissioner of health, and a certification of such
4 determination to the state director of the budget, the chair of the
5 senate committee on finance and the chair of the assembly committee on
6 ways and means, that the amount of funds in the hospital excess liabil-
7 ity pool, created pursuant to section 18 of chapter 266 of the laws of
8 1986, is insufficient for purposes of purchasing excess insurance cover-
9 age for eligible participating physicians and dentists during the period
10 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
11 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
12 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
13 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
14 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
15 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
16 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
17 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
18 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
19 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30,
20 2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30,
21 2024, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30, 2026
22 as applicable.
23 (e) The commissioner of health shall transfer for deposit to the
24 hospital excess liability pool created pursuant to section 18 of chapter
25 266 of the laws of 1986 such amounts as directed by the superintendent
26 of financial services for the purchase of excess liability insurance
27 coverage for eligible participating physicians and dentists for the
28 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
29 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
30 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
31 2007, as applicable, and the cost of administering the hospital excess
32 liability pool for such applicable policy year, pursuant to the program
33 established in chapter 266 of the laws of 1986, as amended, no later
34 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
35 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
36 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
37 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
38 15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024,
39 [and] June 15, 2025, and June 15, 2026 as applicable.
40 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
41 the New York Health Care Reform Act of 1996 and other laws relating to
42 extending certain provisions thereto, as amended by section 6 of part K
43 of chapter 57 of the laws of 2024, is amended to read as follows:
44 § 20. Notwithstanding any law, rule or regulation to the contrary,
45 only physicians or dentists who were eligible, and for whom the super-
46 intendent of financial services and the commissioner of health, or their
47 designee, purchased, with funds available in the hospital excess liabil-
48 ity pool, a full or partial policy for excess coverage or equivalent
49 excess coverage for the coverage period ending the thirtieth of June,
50 two thousand [twenty-four] twenty-five, shall be eligible to apply for
51 such coverage for the coverage period beginning the first of July, two
52 thousand [twenty-four] twenty-five; provided, however, if the total
53 number of physicians or dentists for whom such excess coverage or equiv-
54 alent excess coverage was purchased for the policy year ending the thir-
55 tieth of June, two thousand [twenty-four] twenty-five exceeds the total
56 number of physicians or dentists certified as eligible for the coverage
A. 3007--B 31
1 period beginning the first of July, two thousand [twenty-four] twenty-
2 five, then the general hospitals may certify additional eligible physi-
3 cians or dentists in a number equal to such general hospital's propor-
4 tional share of the total number of physicians or dentists for whom
5 excess coverage or equivalent excess coverage was purchased with funds
6 available in the hospital excess liability pool as of the thirtieth of
7 June, two thousand [twenty-four] twenty-five, as applied to the differ-
8 ence between the number of eligible physicians or dentists for whom a
9 policy for excess coverage or equivalent excess coverage was purchased
10 for the coverage period ending the thirtieth of June, two thousand
11 [twenty-four] twenty-five and the number of such eligible physicians or
12 dentists who have applied for excess coverage or equivalent excess
13 coverage for the coverage period beginning the first of July, two thou-
14 sand [twenty-four] twenty-five.
15 § 7. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2025.
17 PART H
18 Intentionally Omitted
19 PART I
20 Section 1. Subdivision 1 of section 4148 of the public health law, as
21 added by chapter 352 of the laws of 2013, is amended to read as follows:
22 1. The department is hereby authorized and directed to design, imple-
23 ment and maintain an electronic death registration system for collect-
24 ing, storing, recording, transmitting, amending, correcting and authen-
25 ticating information, as necessary and appropriate to complete a death
26 registration, and to generate such documents as determined by the
27 department in relation to a death occurring in this state. As part of
28 the design and implementation of the system established by this section,
29 the department shall consult with all persons authorized to use such
30 system to the extent practicable and feasible. [The payment referenced
31 in subdivision five of this section shall be collected for each burial
32 or removal permit issued on or after the effective date of this section
33 from the licensed funeral director or undertaker to whom such permit is
34 issued, in the manner specified by the department and shall be used
35 solely for the purpose set forth in subdivision five of this section.]
36 Except as specifically provided in this section, the existing general
37 duties of, and remuneration received by, local registrars in accepting
38 and filing certificates of death and issuing burial and removal permits
39 pursuant to any statute or regulation shall be maintained, and not
40 altered or abridged in any way by this section.
41 § 2. Subdivision 5 of section 4148 of the public health law is
42 REPEALED.
43 § 3. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2025.
45 PART J
46 Intentionally Omitted
47 PART K
A. 3007--B 32
1 Intentionally Omitted
2 PART L
3 Intentionally Omitted
4 PART M
5 Intentionally Omitted
6 PART N
7 Intentionally Omitted
8 PART O
9 Intentionally Omitted
10 PART P
11 Intentionally Omitted
12 PART Q
13 Section 1. Subdivision 2 of section 365-a of the social services law
14 is amended by adding a new paragraph (nn) to read as follows:
15 (nn) (i) Medical assistance shall include the coverage of the follow-
16 ing services for individuals with iatrogenic infertility directly or
17 indirectly caused by medical treatment, which is an impairment of
18 fertility resulting from surgery, radiation, chemotherapy, sickle cell
19 treatment, or other medical treatment affecting reproductive organs or
20 processes:
21 (1) standard fertility preservation services to prevent or treat
22 infertility, which shall include medically necessary collection, freez-
23 ing, preservation and storage of oocytes or sperm, and such other stand-
24 ard services that are not experimental or investigational; together with
25 prescription drugs, which shall be limited to federal food and drug
26 administration approved medications and subject to medical assistance
27 program coverage requirements. In vitro fertilization (IVF) shall not be
28 covered as a fertility preservation service; and
29 (2) coverage of the costs of storage of oocytes or sperm shall be
30 subject to continued medical assistance program eligibility of the indi-
31 vidual with iatrogenic infertility, and shall terminate upon any discon-
32 tinuance of medical assistance eligibility.
33 (ii) In the event that federal financial participation for such
34 fertility preservation services is not available, medical assistance
35 shall not include coverage of these services.
36 § 1-a. Paragraph (ee) of subdivision 2 of section 365-a of the social
37 services law, as added by section 4 of part S of chapter 57 of the laws
38 of 2017, is amended to read as follows:
A. 3007--B 33
1 (ee) Medical assistance shall include the coverage of a set of
2 services to ensure improved outcomes of [women] patients who are in the
3 process of oral or injectable ovulation enhancing drugs, limited to the
4 provision of such treatment, office visits, hysterosalpingogram
5 services, pelvic ultrasounds, and blood testing; services shall be
6 limited to those necessary to monitor such treatment. In the event that
7 ninety percent federal financial participation for such services is not
8 available, the state share of appropriations related to these services
9 shall be used for a grant program intended to accomplish the purpose of
10 this section.
11 § 2. Section 4 of part K of chapter 82 of the laws of 2002 amending
12 the insurance law and the public health law relating to coverage for the
13 diagnosis and treatment of infertility, is REPEALED.
14 § 3. The public health law is amended by adding a new section
15 2599-bb-2 to read as follows:
16 § 2599-bb-2. Improved access to infertility health care services grant
17 program. 1. The commissioner, subject to the availability of funds
18 pursuant to section twenty-eight hundred seven-v of this chapter, shall
19 establish a program to provide grants to health care providers for the
20 purpose of improving access to and expanding health care services
21 related to the range of care for infertility. Such program shall fund
22 uncompensated health care services related to the range of care for
23 infertility, to ensure the affordability of and access to care for indi-
24 viduals who lack the ability to pay for care, lack insurance coverage,
25 are underinsured, or whose insurance is deemed unusable by the rendering
26 provider.
27 2. Services, treatments, and procedures paid for pursuant to the grant
28 program shall be made available only in accordance with standards,
29 protocols, and other parameters established by the commissioner, which
30 shall incorporate but not be limited to the American Society for Repro-
31 ductive Medicine (ASRM) and the American College of Obstetricians and
32 Gynecologists (ACOG) standards for the appropriateness of individuals,
33 providers, treatments, and procedures.
34 3. At least one such provider shall be located in the city of New York
35 and one such provider shall be located in an upstate region. Any organ-
36 ization or provider receiving funds from the program shall take all
37 necessary steps to ensure the confidentiality of the individuals receiv-
38 ing services, treatments or procedures paid for pursuant to the grant
39 program pursuant to state and federal laws.
40 § 4. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2025; provided,
42 however, that section one of this act shall take effect October 1, 2025.
43 Effective immediately, the addition, amendment and/or repeal of any rule
44 or regulation necessary for the implementation of this act on its effec-
45 tive date are authorized to be made and completed on or before such
46 date.
47 PART R
48 Intentionally Omitted
49 PART S
50 Intentionally Omitted
A. 3007--B 34
1 PART T
2 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
3 section 2805-i of the public health law are relettered paragraphs (d),
4 (e), (f) and (g) and three new paragraphs (a), (b) and (c) are added to
5 read as follows:
6 (a) Maintaining the following full-time, part-time, contracted, or
7 on-call staff:
8 (1) One or more hospital sexual violence response coordinators who are
9 designated to ensure that the hospital's sexual violence response is
10 integrated within the hospital's clinical oversight and quality improve-
11 ment structure and to ensure chain of custody is maintained;
12 (2) Sexual assault forensic examiners sufficient to meet hospital
13 needs. Such individuals shall:
14 (i) be a registered professional nurse, certified nurse practitioner,
15 licensed physician assistant or licensed physician acting within their
16 lawful scope of practice and specially trained in forensic examination
17 of sexual offense victims and the preservation of forensic evidence in
18 such cases and certified as qualified to provide such services, pursuant
19 to regulations promulgated by the commissioner; and
20 (ii) have successfully completed a didactic and clinical training
21 course and post course preceptorship as appropriate to scope of practice
22 that aligns with guidance released by the commissioner.
23 (b) Ensuring that such sexual assault forensic examiners are on-call
24 and available on a twenty-four hour a day basis every day of the year;
25 (c) Ensuring that such sexual assault forensic examiners maintain
26 competency in providing sexual assault examinations;
27 § 2. Paragraph (a) of subdivision 13 of section 631 of the executive
28 law, as amended by section 3 of subpart S of part XX of chapter 55 of
29 the laws of 2020, is amended to read as follows:
30 (a) Notwithstanding any other provision of law, rule, or regulation to
31 the contrary, when any New York state accredited hospital, accredited
32 sexual assault examiner program, or licensed health care provider
33 furnishes services to any sexual assault survivor, including but not
34 limited to a health care forensic examination in accordance with the sex
35 offense evidence collection protocol and standards established by the
36 department of health, such hospital, sexual assault examiner program, or
37 licensed healthcare provider shall provide such services to the person
38 without charge and shall bill the office directly. The office, in
39 consultation with the department of health, shall define the specific
40 services to be covered by the sexual assault forensic exam reimbursement
41 fee, which must include at a minimum forensic examiner services, hospi-
42 tal or healthcare facility services related to the exam, and any neces-
43 sary related laboratory tests or pharmaceuticals; including but not
44 limited to HIV post-exposure prophylaxis provided by a hospital emergen-
45 cy room at the time of the forensic rape examination pursuant to para-
46 graph [(c)] (f) of subdivision one of section twenty-eight hundred
47 five-i of the public health law. For a person eighteen years of age or
48 older, follow-up HIV post-exposure prophylaxis costs shall continue to
49 be reimbursed according to established office procedure. The office, in
50 consultation with the department of health, shall also generate the
51 necessary regulations and forms for the direct reimbursement procedure.
52 § 3. Paragraph (d) of subdivision 1 and paragraph (c) of subdivision 2
53 of section 2805-p of the public health law, as added by chapter 625 of
54 the laws of 2003, are amended to read as follows:
A. 3007--B 35
1 (d) "Rape survivor" or "survivor" shall mean any [female] person who
2 alleges or is alleged to have been raped and who presents as a patient.
3 (c) provide emergency contraception to such survivor, unless contrain-
4 dicated, upon [her] such survivor's request. No hospital may be required
5 to provide emergency contraception to a rape survivor who is pregnant.
6 § 4. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2025; provided,
8 however, that sections one and two of this act shall take effect June 1,
9 2026.
10 PART U
11 Intentionally Omitted
12 PART V
13 Intentionally Omitted
14 PART W
15 Intentionally Omitted
16 PART X
17 Intentionally Omitted
18 PART Y
19 Intentionally Omitted
20 PART Z
21 Section 1. Section 4 of chapter 565 of the laws of 2022 amending the
22 state finance law relating to preferred source status for entities that
23 provide employment to certain persons, is amended to read as follows:
24 § 4. This act shall take effect immediately; provided that section one
25 of this act shall expire and be deemed repealed [three] six years after
26 such effective date; and provided further that this act shall not apply
27 to any contracts or requests for proposals issued by government entities
28 before such date.
29 § 2. Section 2 of chapter 91 of the laws of 2023 amending the state
30 finance law relating to establishing a threshold for the amount of work
31 needed to be performed by a preferred source which is an approved chari-
32 table non-profit-making agency for the blind, is amended to read as
33 follows:
34 § 2. This act shall take effect on the same date and in the same
35 manner as a chapter of the laws of 2022, amending the state finance law
36 relating to preferred source status for entities that provide employment
37 to certain persons, as proposed in legislative bills numbers S. 7578-C
38 and A. 8549-C, takes effect, and shall expire and be deemed repealed
39 [three] six years after such effective date.
A. 3007--B 36
1 § 3. This act shall take effect immediately.
2 PART AA
3 Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
4 amending the mental hygiene law relating to clarifying the authority of
5 the commissioners in the department of mental hygiene to design and
6 implement time-limited demonstration programs, as amended by section 1
7 of part Z of chapter 57 of the laws of 2024, is amended to read as
8 follows:
9 § 2. This act shall take effect immediately and shall expire and be
10 deemed repealed March 31, [2025] 2026.
11 § 2. This act shall take effect immediately.
12 PART BB
13 Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
14 amending the mental hygiene law relating to the appointment of temporary
15 operators for the continued operation of programs and the provision of
16 services for persons with serious mental illness and/or developmental
17 disabilities and/or chemical dependence, as amended by section 1 of part
18 OO of chapter 57 of the laws of 2022, is amended to read as follows:
19 § 4. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2016; provided,
21 however, that sections one and two of this act shall expire and be
22 deemed repealed on March 31, [2025] 2026.
23 § 2. This act shall take effect immediately.
24 PART CC
25 Section 1. Subdivision 1-a of section 84 of part A of chapter 56 of
26 the laws of 2013, amending the social services law and other laws relat-
27 ing to enacting the major components of legislation necessary to imple-
28 ment the health and mental hygiene budget for the 2013-2014 state fiscal
29 year, as amended by section 1 of part EE of chapter 57 of the laws of
30 2023, is amended to read as follows:
31 1-a. sections seventy-three through eighty-a shall expire and be
32 deemed repealed December 31, [2025] 2027;
33 § 2. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after April 1, 2025.
35 PART DD
36 Intentionally Omitted
37 PART EE
38 Intentionally Omitted
39 PART FF
40 Section 1. 1. Subject to available appropriations and approval of the
41 director of the budget, the commissioners of the office of mental
42 health, office for people with developmental disabilities, office of
A. 3007--B 37
1 addiction services and supports, office of temporary and disability
2 assistance, office of children and family services, and the state office
3 for the aging (hereinafter "the commissioners") shall establish a state
4 fiscal year 2025-2026 targeted inflationary increase, effective April 1,
5 2025, for projecting for the effects of inflation upon rates of
6 payments, contracts, or any other form of reimbursement for the programs
7 and services listed in subdivision four of this section. The targeted
8 inflationary increase established herein shall be applied to the appro-
9 priate portion of reimbursable costs or contract amounts. Where appro-
10 priate, transfers to the department of health (DOH) shall be made as
11 reimbursement for the state and/or local share of medical assistance.
12 2. Notwithstanding any inconsistent provision of law, subject to the
13 approval of the director of the budget and available appropriations
14 therefor, for the period of April 1, 2025 through March 31, 2026, the
15 commissioners shall provide funding to support a seven and eight-tenths
16 of a percent (7.8%) targeted inflationary increase under this section
17 for all eligible programs and services as determined pursuant to subdi-
18 vision four of this section.
19 3. Notwithstanding any inconsistent provision of law, and as approved
20 by the director of the budget, the 7.8 percent targeted inflationary
21 increase established herein shall be inclusive of all other inflationary
22 increases, cost of living type increases, inflation factors, or trend
23 factors that are newly applied effective April 1, 2025. Except for the
24 7.8 percent targeted inflationary increase established herein, for the
25 period commencing on April 1, 2025 and ending March 31, 2026 the commis-
26 sioners shall not apply any other new targeted inflationary increases or
27 cost of living adjustments for the purpose of establishing rates of
28 payments, contracts or any other form of reimbursement. The phrase "all
29 other inflationary increases, cost of living type increases, inflation
30 factors, or trend factors" as defined in this subdivision shall not
31 include payments made pursuant to the American Rescue Plan Act or other
32 federal relief programs related to the Coronavirus Disease 2019 (COVID-
33 19) pandemic public health emergency. This subdivision shall not
34 prevent the office of children and family services from applying addi-
35 tional trend factors or staff retention factors to eligible programs and
36 services under paragraph (v) of subdivision four of this section.
37 4. Eligible programs and services. (i) Programs and services funded,
38 licensed, or certified by the office of mental health (OMH) eligible for
39 the targeted inflationary increase established herein, pending federal
40 approval where applicable, include: office of mental health licensed
41 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
42 the office of mental health regulations including clinic (mental health
43 outpatient treatment and rehabilitative services programs), continuing
44 day treatment, day treatment, intensive outpatient programs and partial
45 hospitalization; outreach; crisis residence; crisis stabilization,
46 crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
47 emergency program services; crisis intervention; home based crisis
48 intervention; family care; supported single room occupancy; supported
49 housing programs/services excluding rent; treatment congregate;
50 supported congregate; community residence - children and youth;
51 treatment/apartment; supported apartment; community residence single
52 room occupancy; on-site rehabilitation; employment programs; recreation;
53 respite care; transportation; psychosocial club; assertive community
54 treatment; case management; care coordination, including health home
55 plus services; local government unit administration; monitoring and
56 evaluation; children and youth vocational services; single point of
A. 3007--B 38
1 access; school-based mental health program; family support children and
2 youth; advocacy/support services; drop in centers; recovery centers;
3 transition management services; bridger; home and community based waiver
4 services; behavioral health waiver services authorized pursuant to the
5 section 1115 MRT waiver; self-help programs; consumer service dollars;
6 conference of local mental hygiene directors; multicultural initiative;
7 ongoing integrated supported employment services; supported education;
8 mentally ill/chemical abuse (MICA) network; personalized recovery
9 oriented services; children and family treatment and support services;
10 residential treatment facilities operating pursuant to part 584 of title
11 14-NYCRR; geriatric demonstration programs; community-based mental
12 health family treatment and support; coordinated children's service
13 initiative; homeless services; and promise zones.
14 (ii) Programs and services funded, licensed, or certified by the
15 office for people with developmental disabilities (OPWDD) eligible for
16 the targeted inflationary increase established herein, pending federal
17 approval where applicable, include: local/unified services; chapter 620
18 services; voluntary operated community residential services; article 16
19 clinics; day treatment services; family support services; 100% day
20 training; epilepsy services; traumatic brain injury services; hepatitis
21 B services; independent practitioner services for individuals with
22 intellectual and/or developmental disabilities; crisis services for
23 individuals with intellectual and/or developmental disabilities; family
24 care residential habilitation; supervised residential habilitation;
25 supportive residential habilitation; respite; day habilitation; prevoca-
26 tional services; supported employment; community habilitation; interme-
27 diate care facility day and residential services; specialty hospital;
28 pathways to employment; intensive behavioral services; community transi-
29 tion services; family education and training; fiscal intermediary;
30 support broker; and personal resource accounts.
31 (iii) Programs and services funded, licensed, or certified by the
32 office of addiction services and supports (OASAS) eligible for the
33 targeted inflationary increase established herein, pending federal
34 approval where applicable, include: medically supervised withdrawal
35 services - residential; medically supervised withdrawal services -
36 outpatient; medically managed detoxification; inpatient rehabilitation
37 services; outpatient opioid treatment; residential opioid treatment;
38 residential opioid treatment to abstinence; problem gambling treatment;
39 medically supervised outpatient; outpatient rehabilitation; specialized
40 services substance abuse programs; home and community based waiver
41 services pursuant to subdivision 9 of section 366 of the social services
42 law; children and family treatment and support services; continuum of
43 care rental assistance case management; NY/NY III post-treatment hous-
44 ing; NY/NY III housing for persons at risk for homelessness; permanent
45 supported housing; youth clubhouse; recovery community centers; recovery
46 community organizing initiative; residential rehabilitation services for
47 youth (RRSY); intensive residential; community residential; supportive
48 living; residential services; job placement initiative; case management;
49 family support navigator; local government unit administration; peer
50 engagement; vocational rehabilitation; HIV early intervention services;
51 dual diagnosis coordinator; problem gambling resource centers; problem
52 gambling prevention; prevention resource centers; primary prevention
53 services; other prevention services; comprehensive outpatient clinic;
54 jail-based supports; and regional addiction resource centers.
55 (iv) Programs and services funded, licensed, or certified by the
56 office of temporary and disability assistance (OTDA) eligible for the
A. 3007--B 39
1 targeted inflationary increase established herein, pending federal
2 approval where applicable, include: the nutrition outreach and education
3 program (NOEP).
4 (v) Programs and services funded, licensed, or certified by the office
5 of children and family services (OCFS) eligible for the targeted infla-
6 tionary increase established herein, pending federal approval where
7 applicable, include: programs for which the office of children and fami-
8 ly services establishes maximum state aid rates pursuant to section
9 398-a of the social services law and section 4003 of the education law;
10 emergency foster homes; foster family boarding homes and therapeutic
11 foster homes; supervised settings as defined by subdivision twenty-two
12 of section 371 of the social services law; adoptive parents receiving
13 adoption subsidy pursuant to section 453 of the social services law; and
14 congregate and scattered supportive housing programs and supportive
15 services provided under the NY/NY III supportive housing agreement to
16 young adults leaving or having recently left foster care.
17 (vi) Programs and services funded, licensed, or certified by the state
18 office for the aging (SOFA) eligible for the targeted inflationary
19 increase established herein, pending federal approval where applicable,
20 include: community services for the elderly; expanded in-home services
21 for the elderly; and the wellness in nutrition program.
22 5. Each local government unit or direct contract provider receiving
23 funding for the targeted inflationary increase established herein shall
24 submit a written certification, in such form and at such time as each
25 commissioner shall prescribe, attesting how such funding will be or was
26 used to first promote the recruitment and retention of support staff,
27 direct care staff, clinical staff, non-executive administrative staff,
28 or respond to other critical non-personal service costs prior to
29 supporting any salary increases or other compensation for executive
30 level job titles.
31 6. Notwithstanding any inconsistent provision of law to the contrary,
32 agency commissioners shall be authorized to recoup funding from a local
33 governmental unit or direct contract provider for the targeted infla-
34 tionary increase established herein determined to have been used in a
35 manner inconsistent with the appropriation, or any other provision of
36 this section. Such agency commissioners shall be authorized to employ
37 any legal mechanism to recoup such funds, including an offset of other
38 funds that are owed to such local governmental unit or direct contract
39 provider.
40 § 2. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2025.
42 PART GG
43 Section 1. Subdivision 3 of section 364-j of the social services law
44 is amended by adding a new paragraph (d-4) to read as follows:
45 (d-4) Services provided in school-based health centers shall not be
46 provided to medical assistance recipients through managed care programs
47 established pursuant to this section and shall continue to be provided
48 outside of managed care programs.
49 § 2. This act shall take effect immediately and shall be deemed to
50 have been in full force and effect on and after April 1, 2025; provided,
51 however, that the amendments to section 364-j of the social services law
52 made by this act shall not affect the repeal of such section and shall
53 be deemed repealed therewith.
A. 3007--B 40
1 PART HH
2 Section 1. Subdivisions (a), (b) and (h) of section 31.37 of the
3 mental hygiene law, as added by section 1 of part L of chapter 56 of the
4 laws of 2013, are amended to read as follows:
5 (a) The commissioner [is authorized to] shall establish, [on his or
6 her own accord or] pursuant to a request by a local governmental unit, a
7 mental health incident review panel for the purposes of reviewing in
8 conjunction with local representation, the circumstances and events
9 related to a serious incident involving a person with mental illness.
10 For purposes of this section, a "serious incident involving a person
11 with mental illness" means an incident occurring in the community in
12 which a person with a serious mental illness suffers physical injury as
13 defined in subdivision nine of section 10.00 of the penal law or causes
14 such physical injury to another person, or suffers a serious and
15 preventable medical complication or becomes involved in a criminal inci-
16 dent involving violence. A panel shall be authorized to conduct a review
17 of such serious incident in an attempt to identify problems or gaps in
18 mental health delivery systems and to make recommendations for correc-
19 tive actions to improve the provision of mental health or related
20 services, to improve the coordination, integration and accountability of
21 care in the mental health service system, and to enhance individual and
22 public safety.
23 (b) A mental health incident review panel shall include represen-
24 tatives from the office of mental health, the division of criminal
25 justice services, and the chief executive officer or designee of the
26 local governmental unit where the serious incident involving a person
27 with a mental illness occurred. A mental health incident review panel
28 may also include, if deemed appropriate by the commissioner based on the
29 nature of the serious incident being reviewed, one or more represen-
30 tatives from mental health providers, local departments of social
31 services, human services programs, hospitals, local schools, emergency
32 medical or mental health services, the office of the county attorney,
33 state or local police agencies, the office of the medical examiner or
34 the office of the coroner, the judiciary, or other appropriate state or
35 local officials; provided, however, that a local law enforcement offi-
36 cial may not serve as a member of such a review panel if [his or her]
37 such local law enforcement official's office or agency is directly
38 involved in any ongoing investigation or prosecution of a crime under
39 review by the panel, or any appeal of a criminal conviction for such
40 crime.
41 (h) The commissioner shall submit an annual cumulative report to the
42 governor and the legislature incorporating the data in the mental health
43 incident review panel reports and including a summary of the findings
44 and recommendations made by such review panels and, to the extent prac-
45 ticable, any recommendations that have been implemented, including
46 recommendations from prior year reports, and the impact of such imple-
47 mentations. The annual cumulative reports shall thereafter be made
48 available to the public consistent with federal and state confidentiali-
49 ty protections and shall be made available on the official agency
50 website for the office of mental health.
51 § 2. This act shall take effect April 1, 2025.
52 PART II
A. 3007--B 41
1 Section 1. The mental hygiene law is amended by adding a new section
2 36.07 to read as follows:
3 § 36.07 Behavioral health crisis technical assistance center.
4 (a) Definitions. When used in this article, the following words and
5 phrases shall have the following meanings unless the specific context
6 clearly indicates otherwise:
7 (1) "The center" shall mean the behavioral health crisis technical
8 assistance center established under this section.
9 (2) "The council" shall mean the statewide emergency and crisis coun-
10 cil established under this section.
11 (b) Behavioral health crisis technical assistance center. The commis-
12 sioner of mental health, in consultation with the commissioner of the
13 office of addiction services and supports, shall establish the behav-
14 ioral health crisis technical assistance center within the office of
15 mental health. The commissioners shall be responsible for the structure
16 and operation of the behavioral health crisis technical assistance
17 center. The center in conjunction with the council established under
18 subdivision (c) of this section, shall be responsible for the following
19 duties:
20 (1) developing standardized protocols and procedures to provide a
21 non-police, community-based public health-based crisis response, includ-
22 ing appropriate use of law enforcement;
23 (2) provide consultation and training services to local governmental
24 units and local crisis response teams to support the implementation of
25 standardized protocols and procedures;
26 (3) assist local government units in developing a local service plan
27 to address their local crisis service needs and implement a non-police,
28 community-run public health-based crisis response;
29 (4) improve the interoperability of 9-1-1 and the 9-8-8 crisis hotline
30 center;
31 (5) maintain a database of best practices related to non-police crisis
32 response and community engagement;
33 (6) collect and analyze data for monitoring crisis response and
34 provide information to communities for evaluation and feedback from
35 stakeholders; and
36 (7) provide technical assistance upon request of a local governmental
37 unit for any component related to the implementation of a non-police
38 crisis response, community-run public health-based.
39 (c) Statewide emergency and crisis council. Within the behavioral
40 health technical advisory center, the commissioner of mental health and
41 the commissioner of the office of addiction services and supports shall
42 establish the statewide emergency and crisis council. The membership of
43 the council shall consist of at least fifty-one percent peers, and
44 people with lived experience of interacting in the behavioral health
45 crisis system or affected by police responses to a mental health, alco-
46 hol use or substance use crisis. The membership of the council shall
47 reflect the state's diversity and shall consider the unique needs of
48 differing demographic groups and the impact of gender, race and ethnici-
49 ty, and cultural and language needs. Membership of the council shall
50 also include:
51 (1) individuals with certification or training in culturally competent
52 responses to mental health, alcohol use, or substance use crises;
53 (2) mental health professionals;
54 (3) credentialed substance abuse counselors;
A. 3007--B 42
1 (4) physicians, nurses, or emergency medical technicians with exper-
2 tise in providing mental health, alcohol use, or substance use crisis
3 services; or
4 (5) representation of not-for-profit disability justice organizations.
5 (d) Appointments. There shall be thirteen members of the council who
6 shall be appointed in the following manner:
7 (1) five members appointed by the governor;
8 (2) three members appointed by the speaker of the assembly;
9 (3) three members appointed by the temporary president of the senate;
10 (4) one member appointed by the minority leader of the assembly; and
11 (5) one member appointed by the minority leader of the senate.
12 (e) Compensation. Council members shall receive no compensation for
13 their participation, but task force members shall be reimbursed for
14 expenses actually and necessarily incurred in the performance of their
15 duties pursuant to this section.
16 (f) Center and council meetings. The center and the council shall
17 convene as frequently as its business may require but shall convene no
18 less than four times per year. Meetings shall be governed by the
19 provisions of article seven of the public officers law and shall be open
20 to and accessible to the public including by video conference remote
21 access to the greatest extent practicable.
22 (g) Report. (1) The center, in conjunction with the council, shall
23 prepare an annual report which shall include, but not be limited to, the
24 following information:
25 (i) data on the effectiveness of non-police crisis responses and the
26 outcome of the response;
27 (ii) a summary of any assistance provided, action taken, or progress
28 made in relation to the duties required under this section;
29 (iii) the number of local governmental units that have implemented a
30 non-police crisis response or are working towards implementation;
31 (iv) the type of non-police crisis models that have been implemented
32 statewide;
33 (v) identify gaps in the state where crisis services or a non-police
34 behavioral crisis response has not been implemented including barriers
35 to implementation;
36 (vi) recommendations to improve the operation and financing of a
37 statewide non-police behavioral health crisis response system; and
38 (vii) any other information deemed relevant by the center and the
39 council.
40 (2) Such report shall be submitted to the governor, speaker of the
41 assembly and temporary president of the senate no later than December
42 fifteenth, two thousand twenty-six and annually thereafter and shall be
43 made available on the official agency website for the office of mental
44 health and the office of addiction services and supports.
45 § 2. This act shall take effect on the ninetieth day after it shall
46 have become a law.
47 PART JJ
48 Section 1. Subdivision 5-a of section 2807-m of the public health law
49 is amended by adding two new paragraphs (c-1) and (d-1) to read as
50 follows:
51 (c-1) Dentist loan repayment program. Subject to appropriation, fund-
52 ing shall be set aside and reserved by the commissioner from the
53 regional pools established pursuant to subdivision two of this section
54 and shall be available for purposes of dentist loan repayment in accord-
A. 3007--B 43
1 ance with subdivision ten-a of this section. Funding shall be allocated
2 regionally with one-third of available funds going to New York city and
3 two-thirds of available funds going to the rest of the state and shall
4 be distributed in a manner to be determined by the commissioner as
5 follows:
6 (i) Funding shall first be awarded to repay loans of up to eight
7 dentists who train in general or pediatric dentistry in teaching general
8 hospitals, including in community clinic settings owned by or affiliated
9 with such hospitals, and who enter and remain in general or pediatric
10 dentistry practices in underserved communities, as determined by the
11 commissioner.
12 (ii) After distributions in accordance with subparagraph (i) of this
13 paragraph, all remaining funds shall be awarded to repay loans of
14 dentists who enter and remain in general or pediatric dentistry prac-
15 tices in underserved communities, as determined by the commissioner,
16 including but not limited to dentists working in general hospitals,
17 other health care facilities or qualified private practices.
18 (iii) In no case shall less than fifty percent of the funds available
19 pursuant to this paragraph be distributed in accordance with subpara-
20 graphs (i) and (ii) of this paragraph to dentists identified by general
21 hospitals.
22 (d-1) Dentist practice support. Subject to appropriation, funding
23 shall be allocated regionally with one-third of available funds going to
24 New York city and two-thirds of available funds going to the rest of the
25 state and shall be distributed in a manner to be determined by the
26 commissioner as follows:
27 (i) Preference in funding eight awards, to support costs incurred by
28 dentists trained in general or pediatric dentistry in teaching general
29 hospitals, including in community clinic settings owned by or affiliated
30 with such hospitals, who thereafter establish or join practices in
31 underserved communities, as determined by the commissioner.
32 (ii) After distributions in accordance with subparagraph (i) of this
33 paragraph, all remaining funds shall be awarded to dentists to support
34 the cost of establishing or joining practices in underserved communi-
35 ties, as determined by the commissioner, and to hospitals and other
36 health care providers to recruit new dentists to provide services in
37 underserved communities, as determined by the commissioner.
38 (iii) In no case shall less than fifty percent of the funds available
39 pursuant to this paragraph be distributed to general hospitals in
40 accordance with subparagraphs (i) and (ii) of this paragraph.
41 § 2. Section 2807-m of the public health law is amended by adding two
42 new subdivisions 10-a and 13 to read as follows:
43 10-a. Dentist loan repayment program. (a) Beginning April first, two
44 thousand twenty-five, the commissioner is authorized, within amounts
45 available pursuant to subdivision five-a of this section, to make loan
46 repayment awards to general or pediatric dentists or other dentistry
47 specialties determined by the commissioner to be in short supply,
48 licensed to practice dentistry in New York state, who agree to practice
49 for at least three years in an underserved area, as determined by the
50 commissioner.
51 (b) Loan repayment awards made to a dentist pursuant to paragraph (a)
52 of this subdivision shall not exceed the total qualifying outstanding
53 debt of the dentist from student loans to cover tuition and other
54 related educational expenses, made by or guaranteed by the federal or
55 state government, or made by a lending or educational institution
A. 3007--B 44
1 approved under title IV of the federal higher education act. Loan
2 repayment awards shall be used solely to repay such outstanding debt.
3 (c) In the event that a three-year commitment pursuant to the agree-
4 ment referenced in paragraph (a) of this subdivision is not fulfilled,
5 the recipient shall be responsible for repayment in amounts which shall
6 be calculated in accordance with the formula set forth in subdivision
7 (b) of section two hundred fifty-four-o of title forty-two of the United
8 States Code, as amended.
9 (d) The commissioner is authorized to apply any funds available for
10 purposes of paragraph (a) of this subdivision for use as matching funds
11 for federal grants for the purpose of assisting states in operating loan
12 repayment programs pursuant to section three hundred thirty-eight I of
13 the public health service act.
14 (e) The commissioner may postpone, change or waive the service obli-
15 gation and repayment amounts set forth in paragraphs (a) and (c),
16 respectively of this subdivision in individual circumstances where there
17 is compelling need or hardship.
18 (f) (i) When a dentist is not actually practicing in an underserved
19 area, such dentist shall be deemed to be practicing in an underserved
20 area if such dentist practices in a facility or dentist's office that
21 primarily serves an underserved population as determined by the commis-
22 sioner, without regard to whether the population or the facility or
23 dentist's office is located in an underserved area.
24 (ii) In making criteria and determinations as to whether an area is an
25 underserved area or whether a facility or dentist's office primarily
26 serves an underserved population, the commissioner may make separate
27 criteria and determinations for different specialties.
28 13. Notwithstanding any provision of law to the contrary, applications
29 submitted for the dentist loan repayment program pursuant to paragraph
30 (c-1) of subdivision five-a of this section and subdivision ten-a of
31 this section or the dentist practice support program pursuant to para-
32 graph (d-1) of subdivision five-a of this section, shall be subject to
33 the following:
34 (a) Awards shall be made from the total funding available for new
35 awards under the dentist loan repayment program and the dentist practice
36 support program, with neither program limited to a specific funding
37 amount within such total funding available;
38 (b) An applicant may apply for an award for either dentist loan repay-
39 ment or dentist practice support, but not both;
40 (c) An applicant shall either: (i) agree to practice for three years
41 in an underserved area and each award shall provide up to fifty thousand
42 dollars for each of the three years; or (ii) agree to practice as a
43 dentist engaged in private practice in an underserved area and each
44 award shall provide up to seventy thousand dollars for each of the three
45 years; and
46 (d) To the extent practicable, awards shall be timed to be of use for
47 job offers made to applicants.
48 § 3. This act shall take effect immediately and shall be deemed to
49 have been in full force and effect on and after April 1, 2025.
50 PART KK
51 Section 1. Subdivisions (f) and (h) of section 29.15 of the mental
52 hygiene law, subdivision (f) as amended by chapter 135 of the laws of
53 1993 and subdivision (h) as amended by chapter 341 of the laws of 1980,
A. 3007--B 45
1 are amended and two new subdivisions (o) and (p) are added to read as
2 follows:
3 (f) The discharge or conditional release of all clients at develop-
4 mental centers, patients at psychiatric centers or patients at psychiat-
5 ric inpatient services subject to licensure by the office of mental
6 health shall be in accordance with a written service plan prepared by
7 staff familiar with the case history of the client or patient to be
8 discharged or conditionally released and in cooperation with appropriate
9 social services officials and directors of local governmental units. In
10 causing such plan to be prepared, the director of the facility shall
11 take steps to assure that the following persons are interviewed,
12 provided an opportunity to actively participate in the development of
13 such plan and advised of whatever services might be available to the
14 patient through the mental hygiene legal service: the patient to be
15 discharged or conditionally released; an authorized representative of
16 the patient, to include the parent or parents if the patient is a minor,
17 unless such minor sixteen years of age or older objects to the partic-
18 ipation of the parent or parents and there has been a clinical determi-
19 nation by a physician that the involvement of the parent or parents is
20 not clinically appropriate and such determination is documented in the
21 clinical record and there is no plan to discharge or release the minor
22 to the home of such parent or parents; a representative of a community
23 based provider of mental health services, including a provider of case
24 management services, that maintains the patient on their case load;
25 local programs that provide peer supports and services; and upon the
26 request of the patient sixteen years of age or older, a significant
27 individual to the patient including any relative, close friend or indi-
28 vidual otherwise concerned with the welfare of the patient, other than
29 an employee of the facility.
30 (h) It shall also be the responsibility of the director of any depart-
31 ment facility from which a client or patient has been discharged or
32 conditionally released, in collaboration, when appropriate, with appro-
33 priate social services officials and directors of local governmental
34 units, to prepare, to cause to be implemented, and to monitor a compre-
35 hensive program designed:
36 1. to provide a discharge summary of the service plan and any other
37 post-discharge treatment recommendations to the service provider or
38 providers responsible for the patient's care after discharge under the
39 service plan as described in subdivisions (f) and (g) of this section;
40 2. to confirm a follow-up appointment has been scheduled for the
41 patient with the appropriate service provider or providers within seven
42 days of discharge;
43 3. for a patient with an elevated risk of violence, to work collabora-
44 tively with such patient's current and new outpatient treatment provid-
45 ers, residential providers, if applicable, and school, if applicable,
46 to incorporate strategies to address violence risk factors and access to
47 weapons into their overall discharge plan;
48 4. to determine whether the residence in which such client or patient
49 is living, is adequate and appropriate for the needs of such patient or
50 client;
51 [2.] 5. to verify that such patient or client is receiving the
52 services specified in such patient's or client's written service plan;
53 and
54 [3.] 6. to recommend, and to take steps to assure the provision of,
55 any additional services.
A. 3007--B 46
1 (o) Service plans and discharge summaries for patients with complex
2 needs shall comply with all other provisions of this section, and
3 conform to the following:
4 1. agreed to in writing by the patient;
5 2. services described in service plan must be secured at the time of
6 discharge or reasonably available upon such discharge;
7 3. provide a verbal clinical sign-out on the day of discharge to the
8 receiving outpatient treatment program and if applicable, the
9 licensed residential program;
10 4. provide coordination between the discharging facility and post-
11 discharge care managers; and
12 5. include a referral to intensive care management services or other
13 services, including but not limited to, a peer bridger program, asser-
14 tive community treatment teams, or intensive and sustained engagement
15 teams.
16 (p) As used in this section, "individual or patient with complex
17 needs" is defined as someone with one or more of the following:
18 1. Demonstrates high utilization of inpatient, crisis, or emergency
19 services, as indicated by:
20 (I) three or more mental health inpatient hospitalizations in the past
21 year; or
22 (II) four or more mental health presentations to an emergency depart-
23 ment (ED) or comprehensive psychiatric emergency program (CPEP) in the
24 past year; or
25 (III) three or more medical/surgical hospitalizations in the last year
26 and carrying a diagnosis of schizophrenia or bipolar disorder.
27 2. Discharge from inpatient level of care where the length of stay was
28 greater than sixty days at an office-operated psychiatric center in the
29 past year.
30 3. Current enrollment in, or discharge from in the past year, asser-
31 tive community treatment (ACT), including but not limited to adult ACT,
32 young adult ACT, shelter-partnered ACT, or forensic ACT.
33 4. Currently receiving services from critical time intervention (CTI),
34 safe options supports (SOS), pathway home, intensive mobile treatment
35 (IMT), home based crisis intervention, or other high-intensity ambulato-
36 ry services.
37 5. Eligible for or current enrollment in health home plus care manage-
38 ment services.
39 6. An active assisted outpatient treatment order or an order that
40 expired in the past year.
41 7. Experiencing high-risk social needs, including, but not limited to,
42 current homelessness, or criminal justice involvement in the past year.
43 8. Clinical determination by staff in the licensed program that on
44 presentation the individual has an elevated risk of suicide, violence
45 and/or overdose.
46 9. Has a current complexity clinical flag in the psychiatric services
47 and clinical knowledge enhancement system (PSYCKES).
48 10. Experiencing other factors that the licensed program determines
49 would significantly interfere with the individual's ability to maintain
50 stability in the community after discharge.
51 § 2. Subdivision (g) of section 29.15 of the mental hygiene law is
52 amended by adding a new paragraph 7 to read as follows:
53 7. A screening to determine the patient's suicide, violence, and
54 substance abuse risk to be incorporated into safety planning for the
55 patient's discharge plan. Individuals with an elevated risk of self-harm
A. 3007--B 47
1 or suicide shall have a community suicide safety plan completed before
2 discharge.
3 § 3. The mental hygiene law is amended by adding a new section 9.64 to
4 read as follows:
5 § 9.64 Emergency program notification.
6 Upon an admission to a hospital or upon receiving a patient in a
7 comprehensive psychiatric emergency program, the director of such hospi-
8 tal or program shall ensure that any community provider of mental health
9 services that maintains such patient on its caseload is identified and
10 promptly notified.
11 § 4. Section 9.60 of the mental hygiene law is amended by adding a new
12 subdivision (t) to read as follows:
13 (t) Review of an assisted outpatient treatment order. The relevant
14 director of community services shall review each active assisted outpa-
15 tient treatment order on a quarterly basis for the purpose of reviewing
16 the treatment plan compliance of an assisted outpatient treatment
17 service recipient, or to determine if such recipient is a suitable
18 candidate for a voluntary service setting that shall include but not be
19 limited to: an enhanced voluntary services package, intensive case
20 management, intensive and sustained engagement teams, or assertive
21 community treatment teams. The review conducted pursuant to this subdi-
22 vision shall be documented in a quarterly report completed for each
23 patient by the director of community services which shall be sent to the
24 program coordinators required under section 9.48 of this article.
25 § 5. Subparagraph (iii) of paragraph 4 of subdivision (c), paragraph 4
26 of subdivision (h), paragraph 3 of subdivision (i) and paragraph 2 of
27 subdivision (j) of section 9.60 of the mental hygiene law, subparagraph
28 (iii) of paragraph 4 of subdivision (c) as amended by section 2 of
29 subpart H of part UU of chapter 56 of the laws of 2022, paragraph 4 of
30 subdivision (h) and paragraph 3 of subdivision (i) as amended by chapter
31 158 of the laws of 2005, and paragraph 2 of subdivision (j) as amended
32 by chapter 1 of the laws of 2013, are amended to read as follows:
33 (iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,
34 resulted in the issuance of a court order for assisted outpatient treat-
35 ment which has expired within the last six months, and since the expira-
36 tion of the order, the person has experienced a substantial increase in
37 symptoms of mental illness and such symptoms substantially interferes
38 with or limits one or more major life activities as determined by a
39 director of community services who previously was required to coordinate
40 and monitor the care of any individual who was subject to such expired
41 assisted outpatient treatment order. The applicable director of communi-
42 ty services or their designee shall arrange for the individual to be
43 evaluated by a physician. If the physician determines court ordered
44 services are clinically necessary and the least restrictive option, and
45 provided that the physician has considered voluntary services, including
46 but not limited to an enhanced voluntary service package, an assertive
47 community treatment (ACT), or an intensive and sustained engagement
48 teams (INSET) team, the director of community services may initiate a
49 court proceeding.
50 (4) A physician who testifies pursuant to paragraph two of this subdi-
51 vision shall state: (i) the facts which support the allegation that the
52 subject meets each of the criteria for assisted outpatient treatment,
53 (ii) that the treatment is the least restrictive alternative, and volun-
54 tary services, including but not limited to an enhanced voluntary
55 service package, an assertive community treatment (ACT), or an intensive
56 and sustained engagement teams (INSET) team have been considered in lieu
A. 3007--B 48
1 of a court order, (iii) the recommended assisted outpatient treatment,
2 and (iv) the rationale for the recommended assisted outpatient treat-
3 ment. If the recommended assisted outpatient treatment includes medica-
4 tion, such physician's testimony shall describe the types or classes of
5 medication which should be authorized, shall describe the beneficial and
6 detrimental physical and mental effects of such medication, and shall
7 recommend whether such medication should be self-administered or admin-
8 istered by authorized personnel.
9 (3) The court shall not order assisted outpatient treatment unless a
10 physician appearing on behalf of a director testifies to explain the
11 written proposed treatment plan. Such physician shall state the catego-
12 ries of assisted outpatient treatment recommended, the rationale for
13 each such category, facts which establish that such treatment is the
14 least restrictive alternative, and voluntary services, including but
15 not limited to an enhanced voluntary service package, an assertive
16 community treatment (ACT), or an intensive and sustained engagement
17 teams (INSET) team have been considered, in lieu of a court order, and,
18 if the recommended assisted outpatient treatment plan includes medica-
19 tion, such physician shall state the types or classes of medication
20 recommended, the beneficial and detrimental physical and mental effects
21 of such medication, and whether such medication should be self-adminis-
22 tered or administered by an authorized professional. If the subject of
23 the petition has executed a health care proxy, such physician shall
24 state the consideration given to any directions included in such proxy
25 in developing the written treatment plan. If a director is the petition-
26 er, testimony pursuant to this paragraph shall be given at the hearing
27 on the petition. If a person other than a director is the petitioner,
28 such testimony shall be given on the date set by the court pursuant to
29 paragraph three of subdivision (j) of this section.
30 (2) If after hearing all relevant evidence, the court finds by clear
31 and convincing evidence that the subject of the petition meets the
32 criteria for assisted outpatient treatment, and there is no appropriate
33 and feasible less restrictive alternative, the court may order the
34 subject to receive assisted outpatient treatment for an initial period
35 not to exceed one year. In fashioning the order, the court shall
36 specifically make findings by clear and convincing evidence that the
37 proposed treatment is the least restrictive treatment appropriate and
38 feasible for the subject, and voluntary services, including but not
39 limited to an enhanced voluntary service package, an assertive community
40 treatment (ACT), or an intensive and sustained engagement teams (INSET)
41 team have been considered in lieu of a court order. The order shall
42 state an assisted outpatient treatment plan, which shall include all
43 categories of assisted outpatient treatment, as set forth in paragraph
44 one of subdivision (a) of this section, which the assisted outpatient is
45 to receive, but shall not include any such category that has not been
46 recommended in both the proposed written treatment plan and the testimo-
47 ny provided to the court pursuant to subdivision (i) of this section.
48 § 6. This act shall take effect April 1, 2025; provided, however, that
49 the amendments to section 9.60 of the mental hygiene law made by
50 sections four and five of this act shall not affect the repeal of such
51 section and shall be deemed repealed therewith.
52 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
53 sion, section or part of this act shall be adjudged by any court of
54 competent jurisdiction to be invalid, such judgment shall not affect,
55 impair, or invalidate the remainder thereof, but shall be confined in
56 its operation to the clause, sentence, paragraph, subdivision, section
A. 3007--B 49
1 or part thereof directly involved in the controversy in which such judg-
2 ment shall have been rendered. It is hereby declared to be the intent of
3 the legislature that this act would have been enacted even if such
4 invalid provisions had not been included herein.
5 § 3. This act shall take effect immediately provided, however, that
6 the applicable effective date of Parts A through KK of this act shall be
7 as specifically set forth in the last section of such Parts.
