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A09507 Summary:

BILL NOA09507A
 
SAME ASSAME AS UNI. S07507-A
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2020-2021 state fiscal year; relates to extending effectiveness of various payment provisions relating to healthcare (Part A); repeals the department of health's requirement to audit the number of working hours for a hospital resident (Part B); relates to creating a pay and pursue model within the early intervention program (Part C); relates to limiting the availability of enhanced quality of adult living program ("EQUAL") grants (Part D); relates to eliminating certain health department programs, transfers the autism awareness and research fund to the office for people with developmental disabilities, and transfers responsibility for the comprehensive care centers for eating disorders to the office of mental health (Part E); relates to electronic prescriptions, in relation to the effectiveness thereof; relates to limiting the method of payment for prescription drugs under the medical assistance program, in relation to the effectiveness thereof; relates to continuing nursing home upper payment limit payments; relates to encouraging comprehensive health services, in relation to the effectiveness thereof; relates to allowing for the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000, in relation to extending the provisions thereof; relates to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties, in relation to the effectiveness thereof; relates to reimbursement to participating provider pharmacies and prescription drug coverage, in relation to extending the expiration of certain provisions thereof; relates to issuance of certificates of authority to accountable care organizations; relates to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data, in relation to the effectiveness of certain provisions thereof; relates to supplemental rebates, in relation to the effectiveness thereof; relates to participation and membership in a demonstration period; relates to fiscal intermediary services for the consumer directed personal assistance program, in relation to the effectiveness thereof; relates to rates for residential health care facilities, in relation to extending the effectiveness of certain provisions thereof; relates to medical reimbursement and welfare reform, in relation to extending the effectiveness of certain provisions thereof; relates to adjustments of rates, in relation to extending authorizing services for non-residents in adult homes, residences for adults and enriched housing programs, in relation to extending the effectiveness of certain provisions thereof; relates to supplemental rebates, in relation to the effectiveness thereof; relates to the effectiveness of provisions relating to fair hearings held in connection with appeals under the fully integrated duals advantage demonstration program (Part F); relates to prescription drug pricing and creates a drug accountability board (Part G); relates to clarifying the tasks that can be performed by a licensed pharmacy technician (Part H); relates to orders and non-patient specific regimens to pharmacists for administering immunizations (Part I); relates to assignments of benefits for emergency services and to the commencement of actions related to medical debt (Part J); makes updates to the information required to be provided for physician profiles (Part K); enhances the ability of the department of education to investigate, discipline and monitor physicians, physicians assistants, and specialist assistants (Part L); relates to the state's schedules of controlled substances (Part M); requires the establishment of antibiotic stewardship programs and antimicrobial resistance and infection prevention training programs in general hospitals and nursing homes (Part N); expands the sexual assault forensic examiner (SAFE) program to all New York state hospitals with an emergency department (Part O); relates to the state's modernization of environmental health fee; increases certain fees (Part P); relates to the tobacco and electronic cigarette omnibus state of the state proposal (Part Q); authorizes the director of the division of budget to direct the commissioner of health to distribute enhanced federal match assistance percentage payments to social services districts (Part R); relates to the registration and licensing of pharmacy benefit managers (Part S); relates to extending the effectiveness of provisions relating to professional medical conduct and excess coverage (Part T); relates to the licensing of pharmacy benefit managers (Part U); relates to admission to residential treatment facilities for children and youths (Part V); relates to amending the definition of "appropriate institution" to include mental health units operating within local correctional facilities if such units meet certain standards (Part W); relates to authorizing the transfer of certain office of mental health employees to the secure treatment rehabilitation center (Part X); relates to the amount of time an individual may be held for emergency observation, care, and treatment in CPEP and the implementation of satellite sites and extending the comprehensive psychiatric emergency program; relates to promulgating rules and regulations to establish mental health and substance use disorder parity compliance requirements and establishing the behavioral health parity compliance fund (Part Y); relates to promulgating rules and regulations to establish mental health and substance use disorder parity compliance requirements and establishing the behavioral health parity compliance fund (Part Z); relates to the central register of child abuse and maltreatment (Part AA); relates to providers of service for individuals with developmental disabilities and for nursing homes and home care services agencies (Part BB); relates to the renaming of the Physically Handicapped Childrens Program (Part CC); relates to extending the expiration of certain provisions relating to applied behavior analysis (Part DD); relates to creating a single preferred-drug list for medication assisted treatment; relates to the effectiveness of provisions relating to supplemental rebates; relates to the effectiveness of provisions relating to establishing payments for medical assistance; relates to the effectiveness of provisions relating to medical assistance eligibility of certain persons and providing for managed medical care demonstration programs; and providing for the repeal of certain provisions upon expiration thereof (Part EE).
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A09507 Actions:

BILL NOA09507A
 
01/22/2020referred to ways and means
02/22/2020amend (t) and recommit to ways and means
02/22/2020print number 9507a
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A09507 Memo:

Memo not available
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A09507 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 7507--A                                            A. 9507--A
 
                SENATE - ASSEMBLY
 
                                    January 22, 2020
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the New York Health Care Reform Act of 1996, in relation
          to  extending certain provisions relating thereto; to amend the public
          health law, in relation to health care initiative pool  distributions;
          to  amend  the New York Health Care Reform Act of 2000, in relation to
          extending the effectiveness of provisions thereof; to amend the public
          health law and the state financial  law  in  relation  to  eliminating
          programs  that do not support the department of health's core mission;
          to amend the public health law, in relation to payments for  uncompen-
          sated  care  to  certain voluntary non-profit diagnostic and treatment
          centers; to amend the public health law, in relation to  the  distrib-
          ution  pool  allocations  and graduate medical education; to amend the
          public health law, in relation to the assessments on covered lives; to
          amend the public health law, in relation to tobacco control and insur-
          ance initiatives pool distributions; to amend chapter 266 of the  laws
          of  1986  amending  the  civil  practice  law and rules and other laws
          relating to malpractice and professional medical conduct, in  relation
          to extending the effectiveness of certain provisions thereof; to amend
          chapter  62  of the laws of 2003 amending the general business law and
          other laws relating to enacting major components necessary  to  imple-
          ment  the  state  fiscal  plan  for  the 2003-04 state fiscal year, in
          relation to the deposit of certain funds; to amend the social services
          law, in relation to extending payment provisions  for  general  hospi-
          tals; to amend the public health law, in relation to extending payment
          provisions  for  certain  medical  assistance rates for certified home
          health agencies; to amend the social  services  law,  in  relation  to
          extending  payment  provisions  for  certain  personal  care  services
          medical assistance rates; to amend chapter 517 of  the  laws  of  2016
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12671-02-0

        S. 7507--A                          2                         A. 9507--A
 
          amending  the public health law relating to payments from the New York
          state medical indemnity fund, in relation to the effectiveness  there-
          of; and to repeal certain provisions of the public health law relating
          to  funding  for certain programs (Part A); to repeal subdivision 9 of
          section 2803 of the public health law, relating to the  department  of
          health's requirement to audit the number of working hours for hospital
          residents  (Part B); to amend the insurance law, in relation to creat-
          ing a pay and pursue model within the early intervention program (Part
          C); to amend the social services law,  in  relation  to  limiting  the
          availability  of  enhanced  quality  of adult living program ("EQUAL")
          grants (Part D); to amend the state finance law, in relation to trans-
          ferring responsibility for the autism awareness and research  fund  to
          the  office  for  people with developmental disabilities; to amend the
          mental hygiene law, the insurance law and the labor law,  in  relation
          to  transferring responsibility for the comprehensive care centers for
          eating disorders to the office of mental health; and to repeal certain
          provisions of the public health law relating to  funding  for  certain
          programs  (Part  E);  to amend chapter 59 of the laws of 2016 amending
          the  public  health  law  and  other  laws  relating   to   electronic
          prescriptions,  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 the public health law,  in  relation  to  continuing
          nursing home upper payment limit payments; to amend chapter 904 of the
          laws  of  1984, amending the public health law and the social services
          law relating to encouraging comprehensive health services, in relation
          to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
          amending the public health law relating to allowing  for  the  use  of
          funds  of the office of professional medical conduct for activities of
          the patient health information and quality improvement act of 2000, in
          relation to extending the provisions thereof; to amend chapter  59  of
          the  laws  of  2011,  amending  the  public health law relating to the
          statewide health information network of New  York  and  the  statewide
          planning  and  research  cooperative  system  and  general  powers and
          duties, in relation to the effectiveness thereof; to amend chapter  58
          of the laws of 2008, amending the elder law and other laws relating to
          reimbursement  to  participating  provider pharmacies and prescription
          drug coverage, in relation to  extending  the  expiration  of  certain
          provisions  thereof;  to  amend  the public health law, in relation to
          issuance of certificates of authority to  accountable  care  organiza-
          tions;  to  amend  chapter 59 of the laws of 2016, amending the social
          services law and other laws relating to authorizing  the  commissioner
          of  health  to apply federally established consumer price index penal-
          ties for generic drugs, and authorizing the commissioner of health  to
          impose penalties on managed care plans for reporting late or incorrect
          encounter data, in relation to the effectiveness of certain provisions
          of  such  chapter;  to amend part B of chapter 57 of the laws of 2015,
          amending the social services law and other laws  relating  to  supple-
          mental  rebates,  in  relation  to the effectiveness thereof; to amend
          chapter 57 of the laws of 2019, amending the public health law  relat-
          ing to waiver of certain regulations, in relation to the effectiveness
          thereof; to amend chapter 474 of the laws of 1996, amending the educa-
          tion  law and other laws relating to rates for residential health care
          facilities, in relation to  extending  the  effectiveness  of  certain
          provisions  thereof; to amend chapter 81 of the laws of 1995, amending

        S. 7507--A                          3                         A. 9507--A
 
          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 chapter 58 of the laws of 2008,
          amending the social services law and the public health law relating to
          adjustments of rates, in relation to extending the date of the expira-
          tion  of certain provisions thereof; and 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 the effectiveness
          thereof  (Part  F);  to  amend  the  insurance  law,  in  relation  to
          prescription  drug  pricing  and  creating a drug accountability board
          (Part G); to amend the education law, in relation  to  clarifying  the
          tasks  that  can  be performed by a licensed pharmacy technician (Part
          H); to amend the education law, in relation to orders  or  non-patient
          specific  regimens  to pharmacists for administering immunizations; to
          amend chapter 563 of the laws of 2008, amending the education law  and
          the public health law relating to immunizing agents to be administered
          to  adults by pharmacists, in relation to making the provisions perma-
          nent; to amend chapter 116 of the laws of 2012, amending the education
          law relating to authorizing a licensed pharmacist and certified  nurse
          practitioner  to  administer certain immunizing agents, in relation to
          making certain provisions permanent; to amend chapter 274 of the  laws
          of 2013, amending the education law relating to authorizing a licensed
          pharmacist  and certified nurse practitioner to administer meningococ-
          cal disease immunizing agents, in relation to the effectiveness there-
          of; and to amend chapter 21 of the laws of 2011, amending  the  educa-
          tion  law relating to authorizing pharmacists to perform collaborative
          drug therapy  management  with  physicians  in  certain  settings,  in
          relation to making certain provisions permanent (Part I); to amend the
          insurance  law, in relation to denial of payment for certain medically
          necessary hospital services, claims payment timeframes and payment  of
          interest,  payment  and  billing for out-of-network hospital emergency
          services, claims payment performance and creation of  a  workgroup  to
          study  health  care administrative simplification; to amend the public
          health law, the insurance law, the  financial  services  law  and  the
          civil practice law and rules, in relation to provisional credentialing
          of physicians and utilization review determinations and prior authori-
          zation; and to repeal certain provisions of the financial services law
          relating thereto (Part J); to amend the public health law, in relation
          to the state's physician profiles (Part K); to amend the education law
          and the public health law, in relation to enhancing the ability of the
          department  of  education  to  investigate,  discipline,  and  monitor
          licensed physicians, physician assistants, and  specialist  assistants
          (Part  L);  to amend the public health law, in relation to the state's
          schedules of controlled substances  (Part  M);  to  amend  the  public
          health  law, in relation to general hospital and nursing home require-
          ments to establish antibiotic stewardship programs  and  antimicrobial
          resistance  and  infection  prevention  training programs (Part N); to
          amend the public health law,  in  relation  to  expanding  the  Sexual
          Assault  Forensic Examiner (SAFE) Program to all New York state hospi-
          tals with an emergency department (Part O); to amend the public health
          law and the labor law, in relation to  the  state's  modernization  of
          environmental health fee (Part P); to amend the public health law, the
          education  law,  the general business law and the tax law, in relation
          to the tobacco and electronic cigarette omnibus  state  of  the  state
          proposal;  and  to  repeal certain provisions of the public health law
          relating thereto (Part Q);  to  amend  the  social  services  law,  in

        S. 7507--A                          4                         A. 9507--A
 
          relation  to  certain Medicaid management; authorizing the director of
          the division of the budget to direct the  commissioner  of  health  to
          distribute  enhanced  federal  match assistance percentage payments to
          social  services  districts;  and relating to state expenditures (Part
          R); to amend the public health law, in  relation  to  adding  a  three
          percent  surcharge  to construction approval applications (Part S); 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 excess insurance coverage and  extend-
          ing the effectiveness of certain provisions thereof; and to amend part
          H of chapter 57 of the laws of 2017, amending the New York Health Care
          Reform  Act  of  1996  and  other  laws  relating to extending certain
          provisions relating  thereto,  in  relation  to  extending  provisions
          relating  to  excess coverage (Part T); to amend the insurance law, in
          relation to the licensing of pharmacy benefit managers  (Part  U);  to
          amend  the mental hygiene law, in relation to admission to residential
          treatment facilities (RTF) for children and youth (Part V);  to  amend
          the  criminal  procedure  law,  in relation to including mental health
          units operating within a local correctional facility within the  defi-
          nition  of "appropriate institution" under certain circumstances (Part
          W); to authorize the transfer  of  certain  office  of  mental  health
          employees  to  the secure treatment rehabilitation center (Part X); to
          amend the mental hygiene law, in relation to the  amount  of  time  an
          individual  may be held for emergency observation, care, and treatment
          in CPEP and the implementation of satellite sites;  to  amend  chapter
          723 of the laws of 1989 amending the mental hygiene law and other laws
          relating  to comprehensive psychiatric emergency programs, in relation
          to the effectiveness of certain  provisions  thereof;  and  to  repeal
          paragraphs  4 and 8 of subdivision (a), and subdivision (i) of section
          31.27 of the mental hygiene law, relating thereto (Part Y);  to  amend
          the  insurance  law, in relation to promulgating rules and regulations
          to establish mental health and substance use disorder  parity  compli-
          ance  requirements;  and  to  amend  the  state finance law and public
          health law, in relation to establishing the behavioral  health  parity
          compliance  fund  (Part  Z);  to  amend  the  social  services law, in
          relation to the requirement to check the statewide central register of
          child abuse and maltreatment for every subject of a  reported  allega-
          tion  of  abuse or neglect (Part AA); to amend the mental hygiene law,
          the social services law and the public  health  law,  in  relation  to
          providers  of  service  (Part  BB);to  amend the public health law, in
          relation to the renaming  of  the  Physically  Handicapped  Children's
          Program  (Part  CC); to amend education law and other laws relating to
          applied behavior analysis, in relation to extending the expiration  of
          certain provisions thereof (Part DD); and to amend the social services
          law,  the  public  health  law  and  the insurance law, in relation to
          creating a single preferred-drug list for medication  assisted  treat-
          ment;  to  amend  chapter  57 of the laws of 2015, amending the social
          services law and other  laws  relating  to  supplemental  rebates,  in
          relation  to  the  effectiveness  thereof; to amend chapter 165 of the
          laws of 1991, amending the public health law and other  laws  relating
          to  establishing  payments  for medical assistance, in relation to the
          effectiveness thereof; to amend chapter  710  of  the  laws  of  1988,
          amending  the  social  services  law and the education law relating to
          medical assistance eligibility of certain persons  and  providing  for
          managed medical care demonstration programs, in relation to the effec-

        S. 7507--A                          5                         A. 9507--A
 
          tiveness  there-of; and providing for the repeal of certain provisions
          upon expiration thereof (Part EE)
 
          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 2020-2021 state fiscal year.  Each  component  is  wholly  contained
     4  within  a  Part identified as Parts A through EE. 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.    Section 34 of part A3 of chapter 62 of the laws of 2003
    14  amending the general business law and other laws  relating  to  enacting
    15  major  components  necessary  to implement the state fiscal plan for the
    16  2003-04 state fiscal year, as amended by section 14 of part H of chapter
    17  57 of the laws of 2017, is amended to read as follows:
    18    § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
    19  regulation  and  effective  April 1, 2008 through March 31, [2020] 2023,
    20  the commissioner of health is authorized to transfer and the state comp-
    21  troller is authorized and directed to receive for deposit to the  credit
    22  of  the department of health's special revenue fund - other, health care
    23  reform act (HCRA) resources fund - 061, provider  collection  monitoring
    24  account,  within  amounts  appropriated each year, those funds collected
    25  and accumulated pursuant to section 2807-v of  the  public  health  law,
    26  including  income  from  invested  funds, for the purpose of payment for
    27  administrative costs of the department of  health  related  to  adminis-
    28  tration  of  statutory  duties  for  the  collections  and distributions
    29  authorized by section 2807-v of the public health law.
    30    (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
    31  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    32  commissioner of health is authorized to transfer  and  the  state  comp-
    33  troller  is authorized and directed to receive for deposit to the credit
    34  of the department of health's special revenue fund - other, health  care
    35  reform  act  (HCRA) resources fund - 061, provider collection monitoring
    36  account, within amounts appropriated each year,  those  funds  collected
    37  and  accumulated  and interest earned through surcharges on payments for
    38  health care services pursuant to section 2807-s of the public health law
    39  and from assessments pursuant to section 2807-t of the public health law
    40  for the purpose of payment for administrative costs of the department of
    41  health related to administration of statutory duties for the collections
    42  and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
    43  the public health law.
    44    (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
    45  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    46  commissioner  of health is authorized to transfer and the comptroller is
    47  authorized to deposit, within  amounts  appropriated  each  year,  those

        S. 7507--A                          6                         A. 9507--A
 
     1  funds  authorized  for distribution in accordance with the provisions of
     2  paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
     3  law  for the purposes of payment for administrative costs of the depart-
     4  ment  of  health  related  to  the  child  health insurance plan program
     5  authorized pursuant to title 1-A of article 25 of the public health  law
     6  into  the  special  revenue funds - other, health care reform act (HCRA)
     7  resources fund - 061, child health insurance account, established within
     8  the department of health.
     9    [(4) Notwithstanding any inconsistent provision of law, rule or  regu-
    10  lation  and  effective April 1, 2008 through March 31, 2020, the commis-
    11  sioner of health is  authorized  to  transfer  and  the  comptroller  is
    12  authorized  to  deposit,  within  amounts  appropriated each year, those
    13  funds authorized for distribution in accordance with the  provisions  of
    14  paragraph  (e)  of  subdivision 1 of section 2807-l of the public health
    15  law for the purpose of payment for administrative costs of  the  depart-
    16  ment  of  health  related to the health occupation development and work-
    17  place demonstration program established pursuant to section  2807-h  and
    18  the  health workforce retraining program established pursuant to section
    19  2807-g of the public health law into the special revenue funds -  other,
    20  health  care  reform  act (HCRA) resources fund - 061, health occupation
    21  development and workplace  demonstration  program  account,  established
    22  within the department of health.]
    23    (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
    24  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    25  commissioner  of health is authorized to transfer and the comptroller is
    26  authorized to deposit, within  amounts  appropriated  each  year,  those
    27  funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
    28  2807-v of the public health law for the purpose of payment for  adminis-
    29  trative  costs  of the department of health related to administration of
    30  the state's tobacco control programs and cancer services provided pursu-
    31  ant to sections 2807-r and 1399-ii of the public health  law  into  such
    32  accounts established within the department of health for such purposes.
    33    (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
    34  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
    35  commissioner  of health is authorized to transfer and the comptroller is
    36  authorized to deposit, within amounts appropriated each year, the  funds
    37  authorized for distribution in accordance with the provisions of section
    38  2807-l of the public health law for the purposes of payment for adminis-
    39  trative costs of the department of health related to the programs funded
    40  pursuant  to  section  2807-l  of the public health law into the special
    41  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    42  061,  pilot  health insurance account, established within the department
    43  of health.
    44    (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
    45  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    46  commissioner of health is authorized to transfer and the comptroller  is
    47  authorized  to  deposit,  within  amounts  appropriated each year, those
    48  funds authorized for distribution in accordance with the  provisions  of
    49  subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
    50  of the public health law from monies accumulated and interest earned  in
    51  the  bad  debt  and  charity care and capital statewide pools through an
    52  assessment charged to general hospitals pursuant to  the  provisions  of
    53  subdivision  18  of  section  2807-c  of the public health law and those
    54  funds authorized for distribution in accordance with the  provisions  of
    55  section  2807-l of the public health law for the purposes of payment for
    56  administrative costs of the department of  health  related  to  programs

        S. 7507--A                          7                         A. 9507--A
 
     1  funded  under  section  2807-l of the public health law into the special
     2  revenue funds - other, health care reform act (HCRA)  resources  fund  -
     3  061, primary care initiatives account, established within the department
     4  of health.
     5    (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
     6  lation and effective April 1, 2008 through March 31,  [2020]  2023,  the
     7  commissioner  of health is authorized to transfer and the comptroller is
     8  authorized to deposit, within  amounts  appropriated  each  year,  those
     9  funds  authorized  for distribution in accordance with section 2807-l of
    10  the public health law for the purposes  of  payment  for  administrative
    11  costs  of  the  department  of  health  related to programs funded under
    12  section 2807-l of the public health law into the special revenue funds -
    13  other, health care reform act (HCRA) resources fund - 061,  health  care
    14  delivery  administration  account,  established within the department of
    15  health.
    16    (9) Notwithstanding any inconsistent provision of law, rule  or  regu-
    17  lation  and  effective  April 1, 2008 through March 31, [2020] 2023, the
    18  commissioner of health is authorized to transfer and the comptroller  is
    19  authorized  to  deposit,  within  amounts  appropriated each year, those
    20  funds authorized pursuant to sections 2807-d, 3614-a and 3614-b  of  the
    21  public  health  law and section 367-i of the social services law and for
    22  distribution in accordance with  the  provisions  of  subdivision  9  of
    23  section  2807-j  of the public health law for the purpose of payment for
    24  administration of statutory duties for the collections and distributions
    25  authorized by sections 2807-c, 2807-d, 2807-j,  2807-k,  2807-l,  3614-a
    26  and  3614-b  of  the  public  health law and section 367-i of the social
    27  services law into the special revenue funds - other, health care  reform
    28  act (HCRA) resources fund - 061, provider collection monitoring account,
    29  established within the department of health.
    30    §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
    31  section 2807-j of the public health law, as amended by section 5 of part
    32  H of chapter 57 of the laws of 2017, are amended to read as follows:
    33    (iv) seven hundred sixty-five million dollars annually  of  the  funds
    34  accumulated for the periods January first, two thousand through December
    35  thirty-first, two thousand [nineteen] twenty-two, and
    36    (v)  one hundred ninety-one million two hundred fifty thousand dollars
    37  of the funds accumulated for the  period  January  first,  two  thousand
    38  [twenty]  twenty-three through March thirty-first, two thousand [twenty]
    39  twenty-three.
    40    § 3.  Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
    41  constituting the New York Health Care Reform Act of 1996, as amended  by
    42  section  1  of  part  H of chapter 57 of the laws of 2017, is amended to
    43  read as follows:
    44    5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
    45  law,  as  amended  or as added by this act, shall expire on December 31,
    46  [2020] 2023, and shall be thereafter effective only in  respect  to  any
    47  act  done  on or before such date or action or proceeding arising out of
    48  such act including continued collections of funds from  assessments  and
    49  allowances  and  surcharges  established  pursuant  to  sections 2807-c,
    50  2807-j, 2807-s and 2807-t of the public health law,  and  administration
    51  and  distributions  of funds from pools established pursuant to sections
    52  2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
    53  health  law  related  to  patient  services provided before December 31,
    54  [2020] 2023, and continued expenditure of funds authorized for  programs
    55  and grants until the exhaustion of funds therefor;

        S. 7507--A                          8                         A. 9507--A
 
     1    §  4.   Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
     2  constituting the New York Health Care Reform Act of 2000, as amended  by
     3  section  2  of  part  H of chapter 57 of the laws of 2017, is amended to
     4  read as follows:
     5    1.  sections  2807-c,  2807-j, 2807-s, and 2807-t of the public health
     6  law, as amended by this act, shall expire on December 31,  [2020]  2023,
     7  and shall be thereafter effective only in respect to any act done before
     8  such  date  or  action  or  proceeding arising out of such act including
     9  continued collections of  funds  from  assessments  and  allowances  and
    10  surcharges  established  pursuant to sections 2807-c, 2807-j, 2807-s and
    11  2807-t of the public health law, and administration and distributions of
    12  funds from  pools  established  pursuant  to  sections  2807-c,  2807-j,
    13  2807-k,  2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
    14  health law, as amended or added by this act, related to patient services
    15  provided before December 31, [2020] 2023, and continued  expenditure  of
    16  funds  authorized  for programs and grants until the exhaustion of funds
    17  therefor;
    18    § 5.  Section 2807-l of the public health law, as amended  by  section
    19  21  of  part  H of chapter 57 of the laws of 2017, is amended to read as
    20  follows:
    21    § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
    22  lated in the health care initiatives pools pursuant to paragraph (b)  of
    23  subdivision  nine  of section twenty-eight hundred seven-j of this arti-
    24  cle, or the health care reform act  (HCRA)  resources  fund  established
    25  pursuant to section ninety-two-dd of the state finance law, whichever is
    26  applicable,  including  income from invested funds, shall be distributed
    27  or retained by the commissioner or by the state comptroller, as applica-
    28  ble, in accordance with the following.
    29    (a) Funds shall be reserved and accumulated  from  year  to  year  and
    30  shall  be  available, including income from invested funds, for purposes
    31  of distributions to programs to provide health care coverage  for  unin-
    32  sured  or underinsured children pursuant to sections twenty-five hundred
    33  ten and twenty-five hundred eleven of this chapter from  the  respective
    34  health  care  initiatives pools established for the following periods in
    35  the following amounts:
    36    (i) from the pool for the period January first, nineteen hundred nine-
    37  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    38  up to one hundred twenty million six hundred thousand dollars;
    39    (ii)  from  the  pool  for  the period January first, nineteen hundred
    40  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    41  eight,  up  to  one  hundred  sixty-four  million  five hundred thousand
    42  dollars;
    43    (iii) from the pool for the period  January  first,  nineteen  hundred
    44  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    45  up to one hundred eighty-one million dollars;
    46    (iv)  from the pool for the period January first, two thousand through
    47  December thirty-first, two thousand, two hundred seven million dollars;
    48    (v) from the pool for the  period  January  first,  two  thousand  one
    49  through December thirty-first, two thousand one, two hundred thirty-five
    50  million dollars;
    51    (vi)  from  the  pool  for  the period January first, two thousand two
    52  through December thirty-first, two thousand two, three  hundred  twenty-
    53  four million dollars;
    54    (vii)  from  the pool for the period January first, two thousand three
    55  through December thirty-first, two thousand three, up  to  four  hundred
    56  fifty million three hundred thousand dollars;

        S. 7507--A                          9                         A. 9507--A
 
     1    (viii)  from  the pool for the period January first, two thousand four
     2  through December thirty-first, two thousand four,  up  to  four  hundred
     3  sixty million nine hundred thousand dollars;
     4    (ix)  from  the  pool  or  the health care reform act (HCRA) resources
     5  fund, whichever is applicable, for the period January first,  two  thou-
     6  sand  five  through  December thirty-first, two thousand five, up to one
     7  hundred fifty-three million eight hundred thousand dollars;
     8    (x) from the health care reform act  (HCRA)  resources  fund  for  the
     9  period  January  first,  two thousand six through December thirty-first,
    10  two thousand six, up to three hundred twenty-five million  four  hundred
    11  thousand dollars;
    12    (xi)  from  the  health  care reform act (HCRA) resources fund for the
    13  period January first, two thousand seven through December  thirty-first,
    14  two  thousand  seven, up to four hundred twenty-eight million fifty-nine
    15  thousand dollars;
    16    (xii) from the health care reform act (HCRA) resources  fund  for  the
    17  period  January first, two thousand eight through December thirty-first,
    18  two thousand ten, up to four hundred  fifty-three  million  six  hundred
    19  seventy-four thousand dollars annually;
    20    (xiii)  from  the health care reform act (HCRA) resources fund for the
    21  period January first, two thousand eleven, through  March  thirty-first,
    22  two  thousand  eleven,  up  to one hundred thirteen million four hundred
    23  eighteen thousand dollars;
    24    (xiv) from the health care reform act (HCRA) resources  fund  for  the
    25  period April first, two thousand eleven, through March thirty-first, two
    26  thousand  twelve,  up to three hundred twenty-four million seven hundred
    27  forty-four thousand dollars;
    28    (xv) from the health care reform act (HCRA)  resources  fund  for  the
    29  period April first, two thousand twelve, through March thirty-first, two
    30  thousand  thirteen,  up  to three hundred forty-six million four hundred
    31  forty-four thousand dollars;
    32    (xvi) from the health care reform act (HCRA) resources  fund  for  the
    33  period  April  first, two thousand thirteen, through March thirty-first,
    34  two thousand fourteen, up to three hundred seventy million  six  hundred
    35  ninety-five thousand dollars; and
    36    (xvii)  from the health care reform act (HCRA) resources fund for each
    37  state fiscal year for periods on and after  April  first,  two  thousand
    38  fourteen, within amounts appropriated.
    39    (b)  Funds  shall  be  reserved  and accumulated from year to year and
    40  shall be available, including income from invested funds,  for  purposes
    41  of  distributions  for  health  insurance  programs under the individual
    42  subsidy programs established pursuant to the expanded health care cover-
    43  age act of nineteen hundred eighty-eight as amended, and for  evaluation
    44  of  such  programs  from the respective health care initiatives pools or
    45  the health care reform act (HCRA) resources fund, whichever is  applica-
    46  ble, established for the following periods in the following amounts:
    47    (i)  (A)  an amount not to exceed six million dollars on an annualized
    48  basis for the  periods  January  first,  nineteen  hundred  ninety-seven
    49  through  December  thirty-first, nineteen hundred ninety-nine; up to six
    50  million dollars for the  period  January  first,  two  thousand  through
    51  December  thirty-first, two thousand; up to five million dollars for the
    52  period January first, two thousand one  through  December  thirty-first,
    53  two  thousand  one;  up  to  four million dollars for the period January
    54  first, two thousand two through December thirty-first, two thousand two;
    55  up to two million six hundred thousand dollars for  the  period  January
    56  first,  two  thousand  three through December thirty-first, two thousand

        S. 7507--A                         10                         A. 9507--A
 
     1  three; up to one million three hundred thousand dollars for  the  period
     2  January  first,  two  thousand  four  through December thirty-first, two
     3  thousand four; up to six hundred seventy thousand dollars for the period
     4  January  first,  two  thousand five through June thirtieth, two thousand
     5  five; up to one million three hundred thousand dollars  for  the  period
     6  April  first,  two thousand six through March thirty-first, two thousand
     7  seven; and up to one million three hundred thousand dollars annually for
     8  the period April first, two thousand seven through  March  thirty-first,
     9  two  thousand  nine,  shall be allocated to individual subsidy programs;
    10  and
    11    (B) an amount not to exceed seven million  dollars  on  an  annualized
    12  basis  for the periods during the period January first, nineteen hundred
    13  ninety-seven through December thirty-first, nineteen hundred ninety-nine
    14  and four million dollars annually for the  periods  January  first,  two
    15  thousand  through  December  thirty-first,  two  thousand two, and three
    16  million dollars for the period January first, two thousand three through
    17  December thirty-first, two thousand three, and two million  dollars  for
    18  the  period  January  first,  two thousand four through December thirty-
    19  first, two thousand four, and two million dollars for the period January
    20  first, two thousand five through June thirtieth, two thousand five shall
    21  be allocated to the catastrophic health care expense program.
    22    (ii) Notwithstanding any law to the contrary, the characterizations of
    23  the New York state small business health insurance  partnership  program
    24  as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
    25  program as in effect prior to December thirty-first, two  thousand  one,
    26  individual  subsidy  program  as  in effect prior to June thirtieth, two
    27  thousand five, and catastrophic  health  care  expense  program,  as  in
    28  effect prior to June thirtieth, two thousand five, may, for the purposes
    29  of  identifying  matching funds for the community health care conversion
    30  demonstration project described in a waiver of the provisions  of  title
    31  XIX  of the federal social security act granted to the state of New York
    32  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
    33  be used to characterize the insurance programs in sections four thousand
    34  three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
    35  four  thousand  three hundred twenty-six and four thousand three hundred
    36  twenty-seven of the insurance law, which are successor programs to these
    37  programs.
    38    (c) Up to seventy-eight million dollars shall be reserved and  accumu-
    39  lated  from  year  to  year  from the pool for the period January first,
    40  nineteen hundred ninety-seven through  December  thirty-first,  nineteen
    41  hundred  ninety-seven,  for  purposes  of  public health programs, up to
    42  seventy-six million dollars shall be reserved and accumulated from  year
    43  to  year  from the pools for the periods January first, nineteen hundred
    44  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    45  eight  and  January first, nineteen hundred ninety-nine through December
    46  thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
    47  dollars  shall  be  reserved  and accumulated from year to year from the
    48  pools for the period January first, two thousand through December  thir-
    49  ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
    50  reserved and accumulated from year to year from the pools for the period
    51  January first, two thousand one through December thirty-first, two thou-
    52  sand one, up to eighty-six million dollars shall be reserved and accumu-
    53  lated from year to year from the pools for the period January first, two
    54  thousand two through December thirty-first,  two  thousand  two,  up  to
    55  eighty-six  million one hundred fifty thousand dollars shall be reserved
    56  and accumulated from year to year from the pools for the period  January

        S. 7507--A                         11                         A. 9507--A
 
     1  first,  two  thousand  three through December thirty-first, two thousand
     2  three, up to fifty-eight million seven hundred eighty  thousand  dollars
     3  shall  be  reserved and accumulated from year to year from the pools for
     4  the  period  January  first,  two thousand four through December thirty-
     5  first, two thousand four, up to sixty-eight million seven hundred thirty
     6  thousand dollars shall be reserved and accumulated  from  year  to  year
     7  from  the  pools  or  the  health care reform act (HCRA) resources fund,
     8  whichever is applicable, for the period January first, two thousand five
     9  through December thirty-first, two  thousand  five,  up  to  ninety-four
    10  million three hundred fifty thousand dollars shall be reserved and accu-
    11  mulated  from  year  to  year  from  the  health  care reform act (HCRA)
    12  resources fund for the period January first, two  thousand  six  through
    13  December  thirty-first,  two  thousand  six,  up to seventy million nine
    14  hundred thirty-nine thousand dollars shall be reserved  and  accumulated
    15  from  year to year from the health care reform act (HCRA) resources fund
    16  for the period January first, two thousand seven through December  thir-
    17  ty-first,  two  thousand  seven,  up  to  fifty-five million six hundred
    18  eighty-nine thousand dollars annually shall be reserved and  accumulated
    19  from  year to year from the health care reform act (HCRA) resources fund
    20  for the period January first, two thousand eight through December  thir-
    21  ty-first,  two thousand ten, up to thirteen million nine hundred twenty-
    22  two thousand dollars shall be reserved and accumulated from year to year
    23  from the health care reform act (HCRA) resources  fund  for  the  period
    24  January first, two thousand eleven through March thirty-first, two thou-
    25  sand  eleven,  and  for  periods  on and after April first, two thousand
    26  eleven, up to funding amounts specified below and  shall  be  available,
    27  including income from invested funds, for:
    28    (i)  deposit by the commissioner, within amounts appropriated, and the
    29  state comptroller is hereby  authorized  and  directed  to  receive  for
    30  deposit  to, to the credit of the department of health's special revenue
    31  fund - other, hospital based grants program account or the  health  care
    32  reform  act (HCRA) resources fund, whichever is applicable, for purposes
    33  of services  and  expenses  related  to  general  hospital  based  grant
    34  programs,  up  to  twenty-two million dollars annually from the nineteen
    35  hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
    36  hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
    37  two thousand two pool, respectively, up to  twenty-two  million  dollars
    38  from  the  two  thousand  three  pool, up to ten million dollars for the
    39  period January first, two thousand four through  December  thirty-first,
    40  two  thousand  four, up to eleven million dollars for the period January
    41  first, two thousand five through  December  thirty-first,  two  thousand
    42  five, up to twenty-two million dollars for the period January first, two
    43  thousand  six  through  December  thirty-first,  two thousand six, up to
    44  twenty-two million ninety-seven thousand dollars annually for the period
    45  January first, two thousand seven  through  December  thirty-first,  two
    46  thousand  ten,  up  to  five  million  five hundred twenty-four thousand
    47  dollars for the period January first, two thousand eleven through  March
    48  thirty-first,  two  thousand eleven, up to thirteen million four hundred
    49  forty-five thousand dollars for the period  April  first,  two  thousand
    50  eleven  through March thirty-first, two thousand twelve, and up to thir-
    51  teen million three hundred  seventy-five  thousand  dollars  each  state
    52  fiscal  year  for  the  period  April first, two thousand twelve through
    53  March thirty-first, two thousand fourteen;
    54    (ii) deposit by the commissioner, within amounts appropriated, and the
    55  state comptroller is hereby  authorized  and  directed  to  receive  for
    56  deposit  to,  to  the  credit of the emergency medical services training

        S. 7507--A                         12                         A. 9507--A
 
     1  account established in section ninety-seven-q of the state  finance  law
     2  or the health care reform act (HCRA) resources fund, whichever is appli-
     3  cable,  up  to  sixteen  million  dollars on an annualized basis for the
     4  periods  January  first,  nineteen hundred ninety-seven through December
     5  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
     6  for the period January first,  two  thousand  through  December  thirty-
     7  first,  two  thousand,  up  to twenty-one million dollars for the period
     8  January first, two thousand one through December thirty-first, two thou-
     9  sand one, up to twenty-two million dollars for the period January first,
    10  two thousand two through December thirty-first, two thousand two, up  to
    11  twenty-two  million  five  hundred fifty thousand dollars for the period
    12  January first, two thousand three  through  December  thirty-first,  two
    13  thousand  three,  up to nine million six hundred eighty thousand dollars
    14  for the period January first, two thousand four through  December  thir-
    15  ty-first,  two  thousand  four,  up to twelve million one hundred thirty
    16  thousand dollars for the period January first, two thousand five through
    17  December thirty-first, two thousand five, up to twenty-four million  two
    18  hundred  fifty  thousand dollars for the period January first, two thou-
    19  sand six through December thirty-first, two thousand six, up  to  twenty
    20  million four hundred ninety-two thousand dollars annually for the period
    21  January  first,  two  thousand  seven through December thirty-first, two
    22  thousand ten, up to  five  million  one  hundred  twenty-three  thousand
    23  dollars  for the period January first, two thousand eleven through March
    24  thirty-first, two thousand eleven, up to eighteen million three  hundred
    25  fifty  thousand  dollars for the period April first, two thousand eleven
    26  through March thirty-first, two thousand twelve, up to eighteen  million
    27  nine  hundred  fifty  thousand  dollars  for the period April first, two
    28  thousand twelve through March thirty-first, two thousand thirteen, up to
    29  nineteen million four hundred nineteen thousand dollars for  the  period
    30  April first, two thousand thirteen through March thirty-first, two thou-
    31  sand  fourteen,  and up to nineteen million six hundred fifty-nine thou-
    32  sand seven hundred dollars each state fiscal  year  for  the  period  of
    33  April first, two thousand fourteen through March thirty-first, two thou-
    34  sand [twenty] twenty-three;
    35    (iii)  priority  distributions  by  the  commissioner up to thirty-two
    36  million dollars on an annualized basis for the period January first, two
    37  thousand through December thirty-first, two thousand four, up  to  thir-
    38  ty-eight  million  dollars on an annualized basis for the period January
    39  first, two thousand five through  December  thirty-first,  two  thousand
    40  six,  up  to eighteen million two hundred fifty thousand dollars for the
    41  period January first, two thousand seven through December  thirty-first,
    42  two  thousand seven, up to three million dollars annually for the period
    43  January first, two thousand eight  through  December  thirty-first,  two
    44  thousand  ten, up to seven hundred fifty thousand dollars for the period
    45  January first, two thousand eleven through March thirty-first, two thou-
    46  sand eleven, up to two million nine hundred thousand dollars each  state
    47  fiscal  year  for  the  period  April first, two thousand eleven through
    48  March thirty-first, two thousand fourteen, and up to  two  million  nine
    49  hundred  thousand  dollars  each  state fiscal year for the period April
    50  first, two thousand fourteen through March  thirty-first,  two  thousand
    51  [twenty]  twenty-three  to be allocated (A) for the purposes established
    52  pursuant to subparagraph (ii) of paragraph (f) of  subdivision  nineteen
    53  of  section twenty-eight hundred seven-c of this article as in effect on
    54  December thirty-first, nineteen hundred ninety-six and as may thereafter
    55  be amended, up to fifteen million dollars annually for the periods Janu-
    56  ary first, two thousand  through  December  thirty-first,  two  thousand

        S. 7507--A                         13                         A. 9507--A
 
     1  four,  up  to twenty-one million dollars annually for the period January
     2  first, two thousand five through  December  thirty-first,  two  thousand
     3  six, and up to seven million five hundred thousand dollars for the peri-
     4  od  January  first,  two  thousand seven through March thirty-first, two
     5  thousand seven;
     6    (B) pursuant to a memorandum of  understanding  entered  into  by  the
     7  commissioner,  the  majority leader of the senate and the speaker of the
     8  assembly, for the purposes outlined in such memorandum upon  the  recom-
     9  mendation  of  the  majority  leader  of the senate, up to eight million
    10  five hundred thousand dollars annually for the period January first, two
    11  thousand through December thirty-first, two thousand six, and up to four
    12  million two hundred fifty thousand dollars for the period January first,
    13  two thousand seven through June thirtieth, two thousand seven,  and  for
    14  the  purposes outlined in such memorandum upon the recommendation of the
    15  speaker of the assembly, up  to  eight  million  five  hundred  thousand
    16  dollars  annually  for  the  periods January first, two thousand through
    17  December thirty-first, two thousand six, and  up  to  four  million  two
    18  hundred  fifty  thousand dollars for the period January first, two thou-
    19  sand seven through June thirtieth, two thousand seven; and
    20    (C) for services and expenses, including grants, related to  emergency
    21  assistance  distributions  as  designated by the commissioner.  Notwith-
    22  standing section one hundred twelve or one hundred  sixty-three  of  the
    23  state  finance law or any other contrary provision of law, such distrib-
    24  utions shall be limited to providers or programs where, as determined by
    25  the commissioner, emergency assistance is vital to protect the  life  or
    26  safety  of  patients,  to ensure the retention of facility caregivers or
    27  other staff, or in instances where health facility operations are  jeop-
    28  ardized,  or  where  the public health is jeopardized or other emergency
    29  situations exist, up to three million dollars annually  for  the  period
    30  April first, two thousand seven through March thirty-first, two thousand
    31  eleven,  up  to  two  million  nine  hundred thousand dollars each state
    32  fiscal year for the period April  first,  two  thousand  eleven  through
    33  March  thirty-first,  two  thousand  fourteen,  up  to  two million nine
    34  hundred thousand dollars each state fiscal year  for  the  period  April
    35  first,  two  thousand  fourteen through March thirty-first, two thousand
    36  seventeen, [and] up to two million nine hundred  thousand  dollars  each
    37  state  fiscal  year  for  the period April first, two thousand seventeen
    38  through March thirty-first, two thousand twenty, and up to  two  million
    39  nine  hundred  thousand  dollars  each  state fiscal year for the period
    40  April first, two thousand twenty through March thirty-first,  two  thou-
    41  sand twenty-three. Upon any distribution of such funds, the commissioner
    42  shall  immediately  notify  the chair and ranking minority member of the
    43  senate finance committee, the assembly ways  and  means  committee,  the
    44  senate committee on health, and the assembly committee on health;
    45    (iv)  distributions  by  the  commissioner  related  to poison control
    46  centers pursuant to subdivision seven of section  twenty-five  hundred-d
    47  of  this  chapter,  up  to  five  million dollars for the period January
    48  first, nineteen  hundred  ninety-seven  through  December  thirty-first,
    49  nineteen hundred ninety-seven, up to three million dollars on an annual-
    50  ized  basis  for  the  periods during the period January first, nineteen
    51  hundred ninety-eight through  December  thirty-first,  nineteen  hundred
    52  ninety-nine, up to five million dollars annually for the periods January
    53  first,  two thousand through December thirty-first, two thousand two, up
    54  to four million six hundred thousand dollars annually  for  the  periods
    55  January  first,  two  thousand  three through December thirty-first, two
    56  thousand four, up to five million one hundred thousand dollars  for  the

        S. 7507--A                         14                         A. 9507--A
 
     1  period  January  first, two thousand five through December thirty-first,
     2  two thousand six annually, up  to  five  million  one  hundred  thousand
     3  dollars  annually  for  the  period  January  first,  two thousand seven
     4  through  December  thirty-first,  two thousand nine, up to three million
     5  six hundred thousand dollars for the period January first, two  thousand
     6  ten through December thirty-first, two thousand ten, up to seven hundred
     7  seventy-five thousand dollars for the period January first, two thousand
     8  eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
     9  million five hundred thousand dollars each state  fiscal  year  for  the
    10  period  April first, two thousand eleven through March thirty-first, two
    11  thousand fourteen, up to three million dollars each  state  fiscal  year
    12  for  the period April first, two thousand fourteen through March thirty-
    13  first, two thousand seventeen, [and] up to three  million  dollars  each
    14  state  fiscal  year  for  the period April first, two thousand seventeen
    15  through March thirty-first, two thousand twenty, and up to three million
    16  dollars each state fiscal year for the period April first, two  thousand
    17  twenty through March thirty-first, two thousand twenty-three; and
    18    (v)  deposit by the commissioner, within amounts appropriated, and the
    19  state comptroller is hereby  authorized  and  directed  to  receive  for
    20  deposit  to, to the credit of the department of health's special revenue
    21  fund - other, miscellaneous special revenue  fund  -  339  maternal  and
    22  child  HIV  services  account  or  the  health  care  reform  act (HCRA)
    23  resources fund, whichever is  applicable,  for  purposes  of  a  special
    24  program  for  HIV services for women and children, including adolescents
    25  pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
    26  five  million  dollars annually for the periods January first, two thou-
    27  sand through December thirty-first, two thousand two, up to five million
    28  dollars for the period January first, two thousand three through  Decem-
    29  ber  thirty-first,  two  thousand  three, up to two million five hundred
    30  thousand dollars for the period January first, two thousand four through
    31  December thirty-first, two thousand four, up to two million five hundred
    32  thousand dollars for the period January first, two thousand five through
    33  December thirty-first, two thousand five, up to five million dollars for
    34  the period January first, two  thousand  six  through  December  thirty-
    35  first,  two  thousand  six,  up to five million dollars annually for the
    36  period January first, two thousand seven through December  thirty-first,
    37  two  thousand  ten, up to one million two hundred fifty thousand dollars
    38  for the period January first, two thousand eleven through March  thirty-
    39  first,  two  thousand  eleven, and up to five million dollars each state
    40  fiscal year for the period April  first,  two  thousand  eleven  through
    41  March thirty-first, two thousand fourteen;
    42    (d)  (i)  An  amount  of up to twenty million dollars annually for the
    43  period January first, two thousand through  December  thirty-first,  two
    44  thousand  six,  up  to ten million dollars for the period January first,
    45  two thousand seven through June thirtieth, two  thousand  seven,  up  to
    46  twenty  million dollars annually for the period January first, two thou-
    47  sand eight through December thirty-first, two thousand ten, up  to  five
    48  million  dollars  for  the  period  January  first,  two thousand eleven
    49  through March thirty-first, two thousand eleven, up to nineteen  million
    50  six hundred thousand dollars each state fiscal year for the period April
    51  first,  two  thousand  eleven  through  March thirty-first, two thousand
    52  fourteen, up to nineteen million six hundred thousand dollars each state
    53  fiscal year for the period April first, two  thousand  fourteen  through
    54  March thirty-first, two thousand seventeen, [and] up to nineteen million
    55  six  hundred  thousand  dollars each state fiscal year for the period of
    56  April first, two thousand  seventeen  through  March  thirty-first,  two

        S. 7507--A                         15                         A. 9507--A

     1  thousand twenty, and up to nineteen million six hundred thousand dollars
     2  each state fiscal year for the period of April first, two thousand twen-
     3  ty  through  March  thirty-first,  two  thousand  twenty-three, shall be
     4  transferred to the health facility restructuring pool established pursu-
     5  ant to section twenty-eight hundred fifteen of this article;
     6    (ii)  provided,  however, amounts transferred pursuant to subparagraph
     7  (i) of this paragraph may be reduced in an amount to be approved by  the
     8  director  of  the budget to reflect the amount received from the federal
     9  government under the state's 1115 waiver which  is  directed  under  its
    10  terms and conditions to the health facility restructuring program.
    11    (e)  Funds  shall  be  reserved  and accumulated from year to year and
    12  shall be available,  including income from invested funds, for  purposes
    13  of  distributions  to  organizations  to  support  the  health workforce
    14  retraining program established pursuant to section twenty-eight  hundred
    15  seven-g  of  this   article  from the respective health care initiatives
    16  pools established for the following periods  in  the  following  amounts
    17  from  the  pools  or  the  health care reform act (HCRA) resources fund,
    18  whichever is applicable,  during  the  period  January  first,  nineteen
    19  hundred  ninety-seven  through  December  thirty-first, nineteen hundred
    20  ninety-nine, up to fifty million dollars on an annualized basis,  up  to
    21  thirty  million  dollars  for  the  period  January  first, two thousand
    22  through December thirty-first, two thousand, up to forty million dollars
    23  for the period January first, two thousand one through December  thirty-
    24  first,  two  thousand  one,  up  to fifty million dollars for the period
    25  January first, two thousand two through December thirty-first, two thou-
    26  sand two, up to forty-one million one hundred fifty thousand dollars for
    27  the period January first, two thousand three  through  December  thirty-
    28  first,  two  thousand  three,  up to forty-one million one hundred fifty
    29  thousand dollars for the period January first, two thousand four through
    30  December thirty-first, two thousand  four,  up  to  fifty-eight  million
    31  three  hundred  sixty thousand dollars for the period January first, two
    32  thousand five through December thirty-first, two thousand  five,  up  to
    33  fifty-two  million  three  hundred sixty thousand dollars for the period
    34  January first, two thousand six through December thirty-first, two thou-
    35  sand six, up to thirty-five million four hundred thousand dollars  annu-
    36  ally  for  the period January first, two thousand seven through December
    37  thirty-first, two thousand ten, up to eight million eight hundred  fifty
    38  thousand  dollars  for  the  period  January  first, two thousand eleven
    39  through March thirty-first, two  thousand  eleven,  up  to  twenty-eight
    40  million  four  hundred  thousand  dollars each state fiscal year for the
    41  period April first, two thousand eleven through March thirty-first,  two
    42  thousand  fourteen,  up  to  twenty-six  million eight hundred seventeen
    43  thousand dollars each state fiscal year for the period April first,  two
    44  thousand  fourteen  through  March thirty-first, two thousand seventeen,
    45  [and] up to twenty-six million eight hundred seventeen thousand  dollars
    46  each  state  fiscal year for the period April first, two thousand seven-
    47  teen through March thirty-first, two thousand twenty, and up to  twenty-
    48  six  million  eight hundred seventeen thousand dollars each state fiscal
    49  year for the period April first, two thousand twenty through March thir-
    50  ty-first, two thousand twenty-three, less the amount of funds  available
    51  for allocations for rate adjustments for workforce training programs for
    52  payments by state governmental agencies for inpatient hospital services.
    53    (f) Funds shall be accumulated and transferred from as follows:
    54    (i) from the pool for the period January first, nineteen hundred nine-
    55  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    56  (A) thirty-four million  six hundred thousand dollars  shall  be  trans-

        S. 7507--A                         16                         A. 9507--A
 
     1  ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
     2  subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
     3  article,  and  (B)  eighty-two  million dollars shall be transferred and
     4  deposited  and  credited to the credit of the state general fund medical
     5  assistance local assistance account;
     6    (ii) from the pool for the  period  January  first,  nineteen  hundred
     7  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
     8  eight, eighty-two million dollars shall be transferred and deposited and
     9  credited to the credit of the  state  general  fund  medical  assistance
    10  local assistance account;
    11    (iii)  from  the  pool  for the period January first, nineteen hundred
    12  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    13  eighty-two million dollars shall be transferred and deposited and  cred-
    14  ited  to  the  credit of the state general fund medical assistance local
    15  assistance account;
    16    (iv) from the pool or the health  care  reform  act  (HCRA)  resources
    17  fund,  whichever  is applicable, for the period January first, two thou-
    18  sand  through  December  thirty-first,  two  thousand  four,  eighty-two
    19  million dollars annually, and for the period January first, two thousand
    20  five  through  December  thirty-first,  two  thousand  five,  eighty-two
    21  million dollars, and for the period  January  first,  two  thousand  six
    22  through  December  thirty-first,  two  thousand  six, eighty-two million
    23  dollars, and for the period January first, two  thousand  seven  through
    24  December  thirty-first,  two thousand seven, eighty-two million dollars,
    25  and for the period January first, two thousand  eight  through  December
    26  thirty-first,  two thousand eight, ninety million seven hundred thousand
    27  dollars shall be deposited by the  commissioner,  and  the  state  comp-
    28  troller  is hereby authorized and directed to receive for deposit to the
    29  credit of the state special revenue fund - other,  HCRA  transfer  fund,
    30  medical assistance account;
    31    (v)  from  the  health  care  reform act (HCRA) resources fund for the
    32  period January first, two thousand nine through  December  thirty-first,
    33  two  thousand  nine, one hundred eight million nine hundred seventy-five
    34  thousand dollars, and for the period January  first,  two  thousand  ten
    35  through  December thirty-first, two thousand ten, one hundred twenty-six
    36  million one hundred thousand dollars, for the period January first,  two
    37  thousand  eleven through March thirty-first, two thousand eleven, twenty
    38  million five hundred thousand dollars, and for each  state  fiscal  year
    39  for  the  period  April first, two thousand eleven through March thirty-
    40  first, two thousand fourteen, one hundred forty-six million four hundred
    41  thousand dollars, shall be deposited by the commissioner, and the  state
    42  comptroller is hereby authorized and directed to receive for deposit, to
    43  the  credit  of  the  state  special revenue fund - other, HCRA transfer
    44  fund, medical assistance account.
    45    (g) Funds shall be transferred to primary health care  services  pools
    46  created  by  the  commissioner, and shall be available, including income
    47  from invested funds, for distributions in accordance with former section
    48  twenty-eight hundred seven-bb of this article from the respective health
    49  care initiatives pools  for  the  following  periods  in  the  following
    50  percentage  amounts  of  funds remaining after allocations in accordance
    51  with paragraphs (a) through (f) of this subdivision:
    52    (i) from the pool for the period January first, nineteen hundred nine-
    53  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    54  fifteen and eighty-seven-hundredths percent;

        S. 7507--A                         17                         A. 9507--A
 
     1    (ii)  from  the  pool  for  the period January first, nineteen hundred
     2  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
     3  eight, fifteen and eighty-seven-hundredths percent; and
     4    (iii)  from  the  pool  for the period January first, nineteen hundred
     5  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
     6  sixteen and thirteen-hundredths percent.
     7    (h) Funds shall be reserved and accumulated from year to year  by  the
     8  commissioner  and  shall  be  available,  including income from invested
     9  funds, for purposes of primary care education and training  pursuant  to
    10  article nine of this chapter from the respective health care initiatives
    11  pools  established for the following periods in the following percentage
    12  amounts of funds remaining after allocations in  accordance  with  para-
    13  graphs  (a)  through  (f) of this subdivision and shall be available for
    14  distributions as follows:
    15    (i) funds shall be reserved and accumulated:
    16    (A) from the pool for the period January first, nineteen hundred nine-
    17  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    18  six and thirty-five-hundredths percent;
    19    (B) from the pool for the period January first, nineteen hundred nine-
    20  ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
    21  six and thirty-five-hundredths percent; and
    22    (C) from the pool for the period January first, nineteen hundred nine-
    23  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
    24  and forty-five-hundredths percent;
    25    (ii) funds shall be available for distributions including income  from
    26  invested funds as follows:
    27    (A)  for purposes of the primary care physician loan repayment program
    28  in accordance with section nine hundred three of  this  chapter,  up  to
    29  five million dollars on an annualized basis;
    30    (B)  for purposes of the primary care practitioner scholarship program
    31  in accordance with section nine hundred four of this chapter, up to  two
    32  million dollars on an annualized basis;
    33    (C) for purposes of minority participation in medical education grants
    34  in  accordance  with section nine hundred six of this chapter, up to one
    35  million dollars on an annualized basis; and
    36    (D) provided, however, that the commissioner may reallocate any  funds
    37  remaining  or unallocated for distributions for the primary care practi-
    38  tioner scholarship program in accordance with section nine hundred  four
    39  of this chapter.
    40    (i)  Funds  shall  be  reserved  and accumulated from year to year and
    41  shall be available, including income from invested funds,  for  distrib-
    42  utions  in  accordance  with  section  twenty-nine hundred fifty-two and
    43  section twenty-nine hundred fifty-eight of this chapter for rural health
    44  care delivery development and  rural  health  care  access  development,
    45  respectively,  from  the respective health care initiatives pools or the
    46  health care reform act (HCRA) resources fund, whichever  is  applicable,
    47  for  the  following periods in the following percentage amounts of funds
    48  remaining after allocations in accordance with  paragraphs  (a)  through
    49  (f) of this subdivision, and for periods on and after January first, two
    50  thousand, in the following amounts:
    51    (i) from the pool for the period January first, nineteen hundred nine-
    52  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    53  thirteen and forty-nine-hundredths percent;
    54    (ii) from the pool for the  period  January  first,  nineteen  hundred
    55  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    56  eight, thirteen and forty-nine-hundredths percent;

        S. 7507--A                         18                         A. 9507--A
 
     1    (iii) from the pool for the period  January  first,  nineteen  hundred
     2  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
     3  thirteen and seventy-one-hundredths percent;
     4    (iv) from the pool for the periods January first, two thousand through
     5  December thirty-first, two thousand two, seventeen million dollars annu-
     6  ally,  and  for  the  period  January  first, two thousand three through
     7  December thirty-first, two thousand three, up to fifteen  million  eight
     8  hundred fifty thousand dollars;
     9    (v) from the pool or the health care reform act (HCRA) resources fund,
    10  whichever is applicable, for the period January first, two thousand four
    11  through  December thirty-first, two thousand four, up to fifteen million
    12  eight hundred fifty thousand dollars, for the period January first,  two
    13  thousand  five  through  December thirty-first, two thousand five, up to
    14  nineteen million two hundred thousand dollars, for  the  period  January
    15  first, two thousand six through December thirty-first, two thousand six,
    16  up  to  nineteen  million  two  hundred thousand dollars, for the period
    17  January first, two thousand seven  through  December  thirty-first,  two
    18  thousand  ten, up to eighteen million one hundred fifty thousand dollars
    19  annually, for the period January  first,  two  thousand  eleven  through
    20  March thirty-first, two thousand eleven, up to four million five hundred
    21  thirty-eight thousand dollars, for each state fiscal year for the period
    22  April  first,  two thousand eleven through March thirty-first, two thou-
    23  sand fourteen, up to sixteen million two hundred thousand dollars, up to
    24  sixteen million two hundred thousand dollars each state fiscal year  for
    25  the  period  April  first,  two  thousand fourteen through March thirty-
    26  first, two thousand seventeen, [and] up to sixteen million  two  hundred
    27  thousand  dollars each state fiscal year for the period April first, two
    28  thousand seventeen through March thirty-first, two thousand twenty,  and
    29  up  to  sixteen  million  two hundred thousand dollars each state fiscal
    30  year for the period April first, two thousand twenty through March thir-
    31  ty-first, two thousand twenty-three.
    32    (j) Funds shall be reserved and accumulated  from  year  to  year  and
    33  shall  be  available, including income from invested funds, for purposes
    34  of distributions related to health information and health  care  quality
    35  improvement  pursuant  to former section twenty-eight hundred seven-n of
    36  this article from the respective health care  initiatives  pools  estab-
    37  lished  for the following periods in the following percentage amounts of
    38  funds remaining after allocations  in  accordance  with  paragraphs  (a)
    39  through (f) of this subdivision:
    40    (i) from the pool for the period January first, nineteen hundred nine-
    41  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    42  six and thirty-five-hundredths percent;
    43    (ii) from the pool for the  period  January  first,  nineteen  hundred
    44  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    45  eight, six and thirty-five-hundredths percent; and
    46    (iii) from the pool for the period  January  first,  nineteen  hundred
    47  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    48  six and forty-five-hundredths percent.
    49    (k)  Funds  shall  be  reserved  and accumulated from year to year and
    50  shall be available, including income  from  invested  funds,  for  allo-
    51  cations  and  distributions  in  accordance  with  section  twenty-eight
    52  hundred seven-p of this article  for  diagnostic  and  treatment  center
    53  uncompensated  care from the respective health care initiatives pools or
    54  the health care reform act (HCRA) resources fund, whichever is  applica-
    55  ble,  for  the following periods in the following percentage  amounts of
    56  funds remaining after allocations  in  accordance  with  paragraphs  (a)

        S. 7507--A                         19                         A. 9507--A
 
     1  through  (f)  of  this subdivision, and for periods on and after January
     2  first, two thousand, in the following amounts:
     3    (i) from the pool for the period January first, nineteen hundred nine-
     4  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
     5  thirty-eight and one-tenth percent;
     6    (ii) from the pool for the  period  January  first,  nineteen  hundred
     7  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
     8  eight, thirty-eight and one-tenth percent;
     9    (iii) from the pool for the period  January  first,  nineteen  hundred
    10  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    11  thirty-eight and seventy-one-hundredths percent;
    12    (iv) from the pool for the periods January first, two thousand through
    13  December  thirty-first,  two  thousand  two, forty-eight million dollars
    14  annually, and for the period January first, two thousand  three  through
    15  June thirtieth, two thousand three, twenty-four million dollars;
    16    (v)  (A)  from the pool or the health care reform act (HCRA) resources
    17  fund, whichever is applicable, for the period July first,  two  thousand
    18  three  through  December  thirty-first,  two  thousand  three, up to six
    19  million dollars, for the period January first, two thousand four through
    20  December thirty-first, two thousand six, up to  twelve  million  dollars
    21  annually,  for  the  period  January  first,  two thousand seven through
    22  December thirty-first, two thousand thirteen, up to forty-eight  million
    23  dollars  annually,  for  the period January first, two thousand fourteen
    24  through March thirty-first, two thousand fourteen, up to twelve  million
    25  dollars  for the period April first, two thousand fourteen through March
    26  thirty-first, two thousand seventeen, up to forty-eight million  dollars
    27  annually,  [and]  for  the  period  April  first, two thousand seventeen
    28  through March thirty-first,  two  thousand  twenty,  up  to  forty-eight
    29  million  dollars  annually, and for the period April first, two thousand
    30  twenty through March thirty-first,  two  thousand  twenty-three,  up  to
    31  forty-eight million dollars annually;
    32    (B)  from  the  health  care  reform act (HCRA) resources fund for the
    33  period January first, two thousand six  through  December  thirty-first,
    34  two  thousand  six,  an  additional  seven million five hundred thousand
    35  dollars, for the period January first, two thousand seven through Decem-
    36  ber thirty-first, two thousand thirteen,  an  additional  seven  million
    37  five  hundred  thousand  dollars annually, for the period January first,
    38  two thousand fourteen through March thirty-first, two thousand fourteen,
    39  an additional one million eight hundred seventy-five  thousand  dollars,
    40  for  the period April first, two thousand fourteen through March thirty-
    41  first, two thousand seventeen, an additional seven million five  hundred
    42  thousand  dollars  annually, [and] for the period April first, two thou-
    43  sand seventeen through March thirty-first, two thousand twenty, an addi-
    44  tional seven million five hundred thousand dollars annually, and for the
    45  period April first, two thousand twenty through March thirty-first,  two
    46  thousand twenty-three, an additional seven million five hundred thousand
    47  dollars  annually  for  voluntary  non-profit  diagnostic  and treatment
    48  center uncompensated care  in  accordance  with  subdivision  four-c  of
    49  section twenty-eight hundred seven-p of this article; and
    50    (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
    51  periods on and after July first, two thousand three, shall be  deposited
    52  by  the  commissioner,  within amounts appropriated, and the state comp-
    53  troller is hereby authorized and directed to receive for deposit to  the
    54  credit  of  the state special revenue funds - other, HCRA transfer fund,
    55  medical assistance account, for purposes of funding the state  share  of
    56  rate  adjustments  made pursuant to section twenty-eight hundred seven-p

        S. 7507--A                         20                         A. 9507--A
 
     1  of this article, provided, however, that in the event federal  financial
     2  participation  is  not  available  for rate adjustments made pursuant to
     3  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
     4  of this article, funds shall be distributed pursuant to paragraph (a) of
     5  subdivision  one of section twenty-eight hundred seven-p of this article
     6  from the respective health care initiatives pools  or  the  health  care
     7  reform act (HCRA) resources fund, whichever is applicable.
     8    (l)  Funds  shall be reserved and accumulated from year to year by the
     9  commissioner and shall be  available,  including  income  from  invested
    10  funds, for transfer to and allocation  for services and expenses for the
    11  payment  of benefits to recipients of  drugs under the AIDS drug assist-
    12  ance program (ADAP) - HIV uninsured  care  program  as  administered  by
    13  Health  Research  Incorporated  from  the respective  health care initi-
    14  atives pools or the health care reform act (HCRA) resources fund, which-
    15  ever is applicable, established for the following periods in the follow-
    16  ing  percentage  amounts  of  funds  remaining  after   allocations   in
    17  accordance  with paragraphs (a) through (f) of this subdivision, and for
    18  periods on and after January  first,  two  thousand,  in  the  following
    19  amounts:
    20    (i) from the pool for the period January first, nineteen hundred nine-
    21  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    22  nine and fifty-two-hundredths percent;
    23    (ii) from the pool for the  period  January  first,  nineteen  hundred
    24  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    25  eight, nine and fifty-two-hundredths percent;
    26    (iii) from the pool for the period  January  first,  nineteen  hundred
    27  ninety-nine  and  December  thirty-first,  nineteen hundred ninety-nine,
    28  nine and sixty-eight-hundredths percent;
    29    (iv) from the pool for the periods January first, two thousand through
    30  December thirty-first, two thousand two, up to  twelve  million  dollars
    31  annually,  and  for the period January first, two thousand three through
    32  December thirty-first, two thousand three, up to forty million  dollars;
    33  and
    34    (v) from the pool or the health care reform act (HCRA) resources fund,
    35  whichever  is  applicable,  for  the periods January first, two thousand
    36  four through December thirty-first, two thousand four, up  to  fifty-six
    37  million dollars, for the period January first, two thousand five through
    38  December  thirty-first,  two  thousand  six, up to sixty million dollars
    39  annually, for the period  January  first,  two  thousand  seven  through
    40  December  thirty-first,  two  thousand  ten, up to sixty million dollars
    41  annually, for the period January  first,  two  thousand  eleven  through
    42  March  thirty-first, two thousand eleven, up to fifteen million dollars,
    43  each state fiscal year for the period April first, two  thousand  eleven
    44  through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
    45  million three hundred thousand dollars and up to forty-one million fifty
    46  thousand dollars each state fiscal year for the period April first,  two
    47  thousand  fourteen  through  March  thirty-first,  two thousand [twenty]
    48  twenty-three.
    49    (m) Funds shall be reserved and accumulated  from  year  to  year  and
    50  shall  be  available, including income from invested funds, for purposes
    51  of distributions pursuant to section  twenty-eight  hundred  seven-r  of
    52  this article for cancer related services from the respective health care
    53  initiatives  pools  or the health care reform act (HCRA) resources fund,
    54  whichever is applicable, established for the following  periods  in  the
    55  following  percentage  amounts  of  funds remaining after allocations in
    56  accordance with paragraphs (a) through (f) of this subdivision, and  for

        S. 7507--A                         21                         A. 9507--A
 
     1  periods  on  and  after  January  first,  two thousand, in the following
     2  amounts:
     3    (i) from the pool for the period January first, nineteen hundred nine-
     4  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
     5  seven and ninety-four-hundredths percent;
     6    (ii) from the pool for the  period  January  first,  nineteen  hundred
     7  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
     8  eight, seven and ninety-four-hundredths percent;
     9    (iii) from the pool for the period  January  first,  nineteen  hundred
    10  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
    11  and forty-five-hundredths percent;
    12    (iv)  from the pool for the period January first, two thousand through
    13  December thirty-first, two thousand two, up to ten million dollars on an
    14  annual basis;
    15    (v) from the pool for the period January  first,  two  thousand  three
    16  through  December  thirty-first,  two thousand four, up to eight million
    17  nine hundred fifty thousand dollars on an annual basis;
    18    (vi) from the pool or the health  care  reform  act  (HCRA)  resources
    19  fund,  whichever  is applicable, for the period January first, two thou-
    20  sand five through December thirty-first, two thousand  six,  up  to  ten
    21  million  fifty thousand dollars on an annual basis, for the period Janu-
    22  ary first, two thousand seven through December thirty-first,  two  thou-
    23  sand  ten,  up  to nineteen million dollars annually, and for the period
    24  January first, two thousand eleven through March thirty-first, two thou-
    25  sand eleven, up to four million seven hundred fifty thousand dollars.
    26    (n) Funds shall be accumulated and transferred from  the  health  care
    27  reform act (HCRA) resources fund as follows: for the period April first,
    28  two  thousand  seven through March thirty-first, two thousand eight, and
    29  on an annual basis for the  periods  April  first,  two  thousand  eight
    30  through  November  thirtieth,  two  thousand  nine, funds within amounts
    31  appropriated shall be transferred and  deposited  and  credited  to  the
    32  credit  of  the state special revenue funds - other, HCRA transfer fund,
    33  medical assistance account, for purposes of funding the state  share  of
    34  rate  adjustments  made  to public and voluntary hospitals in accordance
    35  with paragraphs (i) and (j) of subdivision one of  section  twenty-eight
    36  hundred seven-c of this article.
    37    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
    38  lation, any funds accumulated  in  the  health  care  initiatives  pools
    39  pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
    40  hundred seven-j of this article, as a result of surcharges,  assessments
    41  or  other obligations during the periods January first, nineteen hundred
    42  ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
    43  nine, which are unused or uncommitted for distributions pursuant to this
    44  section  shall  be  reserved  and  accumulated  from year to year by the
    45  commissioner and, within amounts appropriated, transferred and deposited
    46  into the special revenue funds - other,  miscellaneous  special  revenue
    47  fund  -  339,  child  health  insurance account or any successor fund or
    48  account, for purposes of distributions to  implement  the  child  health
    49  insurance  program  established pursuant to sections twenty-five hundred
    50  ten and twenty-five hundred eleven of this chapter for  periods  on  and
    51  after January first, two thousand one; provided, however, funds reserved
    52  and  accumulated  for  priority  distributions  pursuant to subparagraph
    53  (iii) of paragraph (c) of subdivision one of this section shall  not  be
    54  transferred  and  deposited  into such account pursuant to this subdivi-
    55  sion; and provided further, however, that any unused or uncommitted pool
    56  funds accumulated and allocated pursuant to paragraph (j) of subdivision

        S. 7507--A                         22                         A. 9507--A
 
     1  one of this section shall be distributed  for  purposes  of  the  health
     2  information and quality improvement act of 2000.
     3    3.  Revenue  from  distributions pursuant to this section shall not be
     4  included in gross revenue  received  for  purposes  of  the  assessments
     5  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
     6  of  this article, subject to the provisions of paragraph (e) of subdivi-
     7  sion eighteen of section twenty-eight hundred seven-c of  this  article,
     8  and  shall not be included in gross revenue received for purposes of the
     9  assessments pursuant to section twenty-eight  hundred  seven-d  of  this
    10  article,  subject  to  the  provisions  of subdivision twelve of section
    11  twenty-eight hundred seven-d of this article.
    12    § 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
    13  (d) of subdivision 5 and subdivisions 5-a and 12 of  section  2807-m  of
    14  the  public health law, subdivision 1 as amended by section 16 of part B
    15  of chapter 58 of the laws of 2008, the opening  paragraph  of  paragraph
    16  (s)  of  subdivision  1  as  amended  by section 95 and paragraph (f) of
    17  subdivision 3 as amended by section 97 of part C of chapter  58  of  the
    18  laws  of 2009, paragraph (a) of subdivision 5 as amended by section 75-b
    19  of part C of chapter 58 of the laws of 2008, paragraph (d)  of  subdivi-
    20  sion  5  as added by section 10-a of part E of chapter 63 of the laws of
    21  2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of
    22  the laws of 2017 and subdivision 12 as added by section 3 of part  R  of
    23  chapter 59 of the laws of 2016, are amended to read as follows:
    24    1.  Definitions.  For  purposes  of  this section, the following defi-
    25  nitions shall apply, unless the context clearly requires otherwise:
    26    (a) "Clinical research" means patient-oriented research, epidemiologic
    27  and  behavioral  studies,  or  outcomes  research  and  health  services
    28  research  that  is approved by an institutional review board by the time
    29  the clinical research position is filled.
    30    (b) "Clinical research plan" means a plan submitted by a consortium or
    31  teaching general hospital for a clinical research position which  demon-
    32  strates, in a form to be provided by the commissioner, the following:
    33    (i)  financial  support for overhead, supervision, equipment and other
    34  resources equal to the amount of funding provided pursuant  to  subpara-
    35  graph  (i) of paragraph (b) of subdivision five-a of this section by the
    36  teaching general hospital or consortium for the clinical research  posi-
    37  tion;
    38    (ii)  experience  the sponsor-mentor and teaching general hospital has
    39  in clinical research and the medical field of the study;
    40    (iii) methods, data collection and anticipated measurable outcomes  of
    41  the clinical research to be performed;
    42    (iv)  training goals, objectives and experience the researcher will be
    43  provided to assess a future career in clinical research;
    44    (v)  scientific  relevance,  merit  and  health  implications  of  the
    45  research to be performed;
    46    (vi)  information  on  potential  scientific  meetings and peer review
    47  journals where research results can be disseminated;
    48    (vii) clear and comprehensive details on the clinical  research  posi-
    49  tion;
    50    (viii) qualifications necessary for the clinical research position and
    51  strategy for recruitment;
    52    (ix)  non-duplication  with other clinical research positions from the
    53  same teaching general hospital or consortium;
    54    (x) methods to track the career of the clinical  researcher  once  the
    55  term of the position is complete; and

        S. 7507--A                         23                         A. 9507--A
 
     1    (xi)  any  other information required by the commissioner to implement
     2  subparagraph (i) of paragraph (b) of subdivision five-a of this section.
     3    (xii) The clinical review plan submitted in accordance with this para-
     4  graph  may  be reviewed by the commissioner in consultation with experts
     5  outside the department of health.
     6    (c) "Clinical research position" means a post-graduate residency posi-
     7  tion which:
     8    (i) shall not be required in order for the researcher  to  complete  a
     9  graduate medical education program;
    10    (ii)  may  be reimbursed by other sources but only for costs in excess
    11  of the funding distributed in accordance with subparagraph (i) of  para-
    12  graph (b) of subdivision five-a of this section;
    13    (iii)  shall  exceed  the  minimum  standards that are required by the
    14  residency review committee in the specialty the researcher  has  trained
    15  or is currently training;
    16    (iv)  shall  not be previously funded by the teaching general hospital
    17  or supported by another funding source at the teaching general  hospital
    18  in  the  past  three  years  from the date the clinical research plan is
    19  submitted to the commissioner;
    20    (v) may supplement an existing research project;
    21    (vi) shall be equivalent to a full-time position comprising of no less
    22  than thirty-five hours per week for one or two years;
    23    (vii) shall provide, or be filled by a researcher who  has  formalized
    24  instruction  in  clinical  research,  including  biostatistics, clinical
    25  trial design, grant writing and research ethics;
    26    (viii) shall be supervised by a sponsor-mentor who shall either (A) be
    27  employed, contracted for employment or paid through an affiliated facul-
    28  ty practice plan by a teaching general hospital which  has  received  at
    29  least  one  research grant from the National Institutes of Health in the
    30  past five years from the date the clinical research plan is submitted to
    31  the commissioner; (B) maintain  a  faculty  appointment  at  a  medical,
    32  dental  or  podiatric school located in New York state that has received
    33  at least one research grant from the National Institutes  of  Health  in
    34  the  past five years from the date the clinical research plan is submit-
    35  ted to the  commissioner;  or  (C)  be  collaborating  in  the  clinical
    36  research  plan  with  a  researcher  from  another  institution that has
    37  received at least one research grant from  the  National  Institutes  of
    38  Health  in  the past five years from the date the clinical research plan
    39  is submitted to the commissioner; and
    40    (ix) shall be filled by a  researcher  who  is  (A)  enrolled  or  has
    41  completed  a graduate medical education program, as defined in paragraph
    42  (i) of this subdivision; (B)  a  United  States  citizen,  national,  or
    43  permanent  resident  of  the  United  States;  and  (C)  a graduate of a
    44  medical, dental or podiatric school located in New York state, a  gradu-
    45  ate  or  resident in a graduate medical education program, as defined in
    46  paragraph (i) of this subdivision, where the sponsoring institution,  as
    47  defined  in  paragraph  (q)  of this subdivision, is located in New York
    48  state, or resides in New York state at the time  the  clinical  research
    49  plan is submitted to the commissioner.
    50    (d) "Consortium" means an organization or association, approved by the
    51  commissioner  in  consultation  with  the  council, of general hospitals
    52  which provide graduate medical education, together with  any  affiliated
    53  site;  provided  that  such organization or association may also include
    54  other providers of health care  services,  medical  schools,  payors  or
    55  consumers,  and which meet other criteria pursuant to subdivision six of
    56  this section.

        S. 7507--A                         24                         A. 9507--A
 
     1    (e) "Council" means the New York state  council  on  graduate  medical
     2  education.
     3    (f)  "Direct  medical  education" means the direct costs of residents,
     4  interns and supervising physicians.
     5    (g) "Distribution period" means each calendar year set forth in subdi-
     6  vision two of this section.
     7    (h) "Faculty" means persons who are employed by or under contract  for
     8  employment with a teaching general hospital or are paid through a teach-
     9  ing  general  hospital's affiliated faculty practice plan and maintain a
    10  faculty appointment at a medical  school.  Such  persons  shall  not  be
    11  limited to persons with a degree in medicine.
    12    (i)  "Graduate  medical  education  program"  means[,  for purposes of
    13  subparagraph  (i)  of  paragraph  (b)  of  subdivision  five-a  of  this
    14  section,]  a  post-graduate  medical  education  residency in the United
    15  States which has received accreditation  from  a  nationally  recognized
    16  accreditation  body  or  has  been  approved  by a nationally recognized
    17  organization for medical, osteopathic,  podiatric  or  dental  residency
    18  programs including, but not limited to, specialty boards.
    19    (j)  "Indirect  medical  education" means the estimate of costs, other
    20  than direct costs, of educational activities in  teaching  hospitals  as
    21  determined in accordance with the methodology applicable for purposes of
    22  determining   an  estimate  of  indirect  medical  education  costs  for
    23  reimbursement for inpatient hospital service pursuant to title XVIII  of
    24  the federal social security act (medicare).
    25    (k)  "Medicare" means the methodology used for purposes of reimbursing
    26  inpatient hospital services provided to beneficiaries of title XVIII  of
    27  the federal social security act.
    28    (l)  "Primary  care"  residents specialties shall include family medi-
    29  cine, general pediatrics, primary care internal  medicine,  and  primary
    30  care obstetrics and gynecology. In determining whether a residency is in
    31  primary care, the commissioner shall consult with the council.
    32    (m) "Regions", for purposes of this section, shall mean the regions as
    33  defined  in paragraph (b) of subdivision sixteen of section twenty-eight
    34  hundred seven-c of this article as in effect on June thirtieth, nineteen
    35  hundred ninety-six. For purposes of distributions pursuant  to  subdivi-
    36  sion  five-a  of  this  section, except distributions made in accordance
    37  with paragraph (a) of subdivision  five-a  of  this  section,  "regions"
    38  shall be defined as New York city and the rest of the state.
    39    (n) "Regional pool" means a professional education pool established on
    40  a  regional  basis  by the commissioner from funds available pursuant to
    41  sections twenty-eight hundred seven-s and twenty-eight  hundred  seven-t
    42  of this article.
    43    (o)  "Resident" means a person in a graduate medical education program
    44  which has received accreditation from a nationally  recognized  accredi-
    45  tation  body or in a program approved by any other nationally recognized
    46  organization for  medical,  osteopathic  or  dental  residency  programs
    47  including, but not limited to, specialty boards.
    48    (p)  "Shortage  specialty" means a specialty determined by the commis-
    49  sioner, in consultation with the council, to be in short supply  in  the
    50  state of New York.
    51    (q)  "Sponsoring  institution"  means  the entity that has the overall
    52  responsibility for a program of graduate medical education. Such  insti-
    53  tutions  shall  include  teaching  general  hospitals,  medical schools,
    54  consortia and diagnostic and treatment centers.
    55    (r) "Weighted resident count"  means  a  teaching  general  hospital's
    56  total  number  of  residents  as of July first, nineteen hundred ninety-

        S. 7507--A                         25                         A. 9507--A
 
     1  five,  including  residents  in   affiliated   non-hospital   ambulatory
     2  settings,  reported  to  the  commissioner.  Such  resident counts shall
     3  reflect the weights established in accordance with rules and regulations
     4  adopted  by  the state hospital review and planning council and approved
     5  by the commissioner for purposes of implementing subdivision twenty-five
     6  of section twenty-eight hundred seven-c of this article and in effect on
     7  July first, nineteen hundred ninety-five.  Such  weights  shall  not  be
     8  applied  to  specialty  hospitals,  specified by the commissioner, whose
     9  primary care mission is to engage in  research,  training  and  clinical
    10  care  in  specialty  eye  and  ear,  special  surgery, orthopedic, joint
    11  disease, cancer, chronic care or rehabilitative services.
    12    (s) "Adjustment amount" means an amount determined for  each  teaching
    13  hospital for periods prior to January first, two thousand nine by:
    14    (i)  determining the difference between (A) a calculation of what each
    15  teaching general hospital would have been paid if payments made pursuant
    16  to paragraph (a-3) of subdivision one of  section  twenty-eight  hundred
    17  seven-c  of this article between January first, nineteen hundred ninety-
    18  six and December thirty-first, two thousand three were based  solely  on
    19  the  case  mix  of  persons  eligible  for  medical assistance under the
    20  medical assistance program pursuant to title eleven of article  five  of
    21  the social services law who are enrolled in health maintenance organiza-
    22  tions and persons paid for under the family health plus program enrolled
    23  in  approved organizations pursuant to title eleven-D of article five of
    24  the social services law during those years, and (B) the actual  payments
    25  to  each such hospital pursuant to paragraph (a-3) of subdivision one of
    26  section twenty-eight hundred seven-c of  this  article  between  January
    27  first,  nineteen hundred ninety-six and December thirty-first, two thou-
    28  sand three.
    29    (ii) reducing proportionally each of the amounts determined in subpar-
    30  agraph (i) of this paragraph so that the sum of all such amounts  totals
    31  no more than one hundred million dollars;
    32    (iii)  further reducing each of the amounts determined in subparagraph
    33  (ii) of this paragraph by the amount received  by  each  hospital  as  a
    34  distribution  from funds designated in paragraph (a) of subdivision five
    35  of this section attributable to the period January first,  two  thousand
    36  three  through December thirty-first, two thousand three, except that if
    37  such amount was  provided  to  a  consortium  then  the  amount  of  the
    38  reduction  for  each  hospital  in the consortium shall be determined by
    39  applying the proportion  of  each  hospital's  amount  determined  under
    40  subparagraph  (i)  of this paragraph to the total of such amounts of all
    41  hospitals in such consortium to the consortium award;
    42    (iv) further reducing each of the amounts determined  in  subparagraph
    43  (iii)  of  this  paragraph  by the amounts specified in paragraph (t) of
    44  this subdivision; and
    45    (v) dividing each of the amounts determined in subparagraph  (iii)  of
    46  this paragraph by seven.
    47    (t)  "Extra  reduction  amount"  shall mean an amount determined for a
    48  teaching hospital for which an adjustment amount is calculated  pursuant
    49  to  paragraph  (s)  of  this  subdivision that is the hospital's propor-
    50  tionate share of the sum of the amounts specified in  paragraph  (u)  of
    51  this  subdivision  determined  based upon a comparison of the hospital's
    52  remaining liability calculated pursuant to paragraph (s) of this  subdi-
    53  vision to the sum of all such hospital's remaining liabilities.
    54    (u)  "Allotment  amount"  shall mean an amount determined for teaching
    55  hospitals as follows:

        S. 7507--A                         26                         A. 9507--A
 
     1    (i) for a hospital for which an adjustment amount  pursuant  to  para-
     2  graph (s) of this subdivision does not apply, the amount received by the
     3  hospital  pursuant  to paragraph (a) of subdivision five of this section
     4  attributable to the period January first,  two  thousand  three  through
     5  December thirty-first, two thousand three, or
     6    (ii)  for  a hospital for which an adjustment amount pursuant to para-
     7  graph (s) of this subdivision applies and which received a  distribution
     8  pursuant  to paragraph (a) of subdivision five of this section attribut-
     9  able to the period January first, two thousand  three  through  December
    10  thirty-first,  two  thousand  three  that is greater than the hospital's
    11  adjustment amount, the difference between the  distribution  amount  and
    12  the adjustment amount.
    13    (f)  Effective January first, two thousand five through December thir-
    14  ty-first, two thousand  eight,  each  teaching  general  hospital  shall
    15  receive  a  distribution  from the applicable regional pool based on its
    16  distribution amount determined under paragraphs (c), (d) and (e) of this
    17  subdivision and reduced by its adjustment amount calculated pursuant  to
    18  paragraph  (s) of subdivision one of this section and, for distributions
    19  for the period January first, two thousand five through  December  thir-
    20  ty-first,  two  thousand  five,  further  reduced by its extra reduction
    21  amount calculated pursuant to paragraph (t) of subdivision one  of  this
    22  section.
    23    (a)  Up to thirty-one million dollars annually for the periods January
    24  first, two thousand through December thirty-first, two  thousand  three,
    25  and up to twenty-five million dollars plus the sum of the amounts speci-
    26  fied  in paragraph (n) of subdivision one of this section for the period
    27  January first, two thousand  five  through  December  thirty-first,  two
    28  thousand  five,  and  up  to thirty-one million dollars annually for the
    29  period January first, two thousand six  through  December  thirty-first,
    30  two  thousand seven, shall be set aside and reserved by the commissioner
    31  from the regional pools established pursuant to subdivision two of  this
    32  section for supplemental distributions in each such region to be made by
    33  the  commissioner to consortia and teaching general hospitals in accord-
    34  ance with a distribution methodology developed in consultation with  the
    35  council  and  specified  in rules and regulations adopted by the commis-
    36  sioner.
    37    (d) Notwithstanding any other provision of law or regulation, for  the
    38  period  January  first, two thousand five through December thirty-first,
    39  two thousand five, the commissioner  shall  distribute  as  supplemental
    40  payments  the allotment specified in paragraph (n) of subdivision one of
    41  this section.
    42    5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
    43  distributions.  (i)  Thirty-one  million  dollars for the period January
    44  first, two thousand eight through December  thirty-first,  two  thousand
    45  eight,  shall  be  set  aside  and reserved by the commissioner from the
    46  regional pools established pursuant to subdivision two of  this  section
    47  and shall be available for distributions pursuant to subdivision five of
    48  this  section  and in accordance with section 86-1.89 of title 10 of the
    49  codes, rules and regulations of the state of New York as  in  effect  on
    50  January  first,  two  thousand eight; provided, however, for purposes of
    51  funding the empire clinical research investigation  program  (ECRIP)  in
    52  accordance  with paragraph eight of subdivision (e) and paragraph two of
    53  subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
    54  regulations  of the state of New York, distributions shall be made using
    55  two regions defined as New York city and the rest of the state  and  the
    56  dollar amount set forth in subparagraph (i) of paragraph two of subdivi-

        S. 7507--A                         27                         A. 9507--A
 
     1  sion  (f)  of  section 86-1.89 of title 10 of the codes, rules and regu-
     2  lations of the state of New York shall be increased from sixty  thousand
     3  dollars to seventy-five thousand dollars.
     4    (ii)  For  periods  on  and  after  January  first, two thousand nine,
     5  supplemental distributions pursuant to subdivision five of this  section
     6  and  in  accordance with section 86-1.89 of title 10 of the codes, rules
     7  and regulations of the state of New York shall no longer be made and the
     8  provisions of section 86-1.89 of title 10 of the codes, rules and  regu-
     9  lations of the state of New York shall be null and void.
    10    (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
    11  million one hundred twenty thousand  dollars  annually  for  the  period
    12  January  first,  two  thousand  nine  through December thirty-first, two
    13  thousand ten, and two million two hundred eighty  thousand  dollars  for
    14  the  period  January  first,  two thousand eleven, through March thirty-
    15  first, two thousand eleven, nine million  one  hundred  twenty  thousand
    16  dollars  each state fiscal year for the period April first, two thousand
    17  eleven through March thirty-first, two thousand fourteen,  up  to  eight
    18  million  six  hundred twelve thousand dollars each state fiscal year for
    19  the period April first, two  thousand  fourteen  through  March  thirty-
    20  first,  two  thousand  seventeen,  [and] up to eight million six hundred
    21  twelve thousand dollars each state fiscal  year  for  the  period  April
    22  first,  two  thousand seventeen through March thirty-first, two thousand
    23  twenty, and up to eight million six hundred twelve thousand dollars each
    24  state fiscal year for  the  period  April  first,  two  thousand  twenty
    25  through  March  thirty-first,  two  thousand  twenty-three, shall be set
    26  aside and reserved by the commissioner from the  regional  pools  estab-
    27  lished  pursuant  to  subdivision  two  of  this section to be allocated
    28  regionally with two-thirds of the available funding going  to  New  York
    29  city  and  one-third  of  the available funding going to the rest of the
    30  state and shall be available for distribution as follows:
    31    Distributions shall first be made to consortia  and  teaching  general
    32  hospitals  for the empire clinical research investigator program (ECRIP)
    33  to help secure federal funding for biomedical research,  train  clinical
    34  researchers,  recruit national leaders as faculty to act as mentors, and
    35  train residents and fellows  in  biomedical  research  skills  based  on
    36  hospital-specific  data  submitted  to the commissioner by consortia and
    37  teaching general hospitals in accordance with clause (G) of this subpar-
    38  agraph. Such distributions shall be made in accordance with the  follow-
    39  ing methodology:
    40    (A)  The  greatest  number  of clinical research positions for which a
    41  consortium or teaching general hospital may be funded pursuant  to  this
    42  subparagraph  shall  be  one  percent  of  the total number of residents
    43  training at the consortium or teaching general hospital on  July  first,
    44  two  thousand  eight  for  the  period  January first, two thousand nine
    45  through December thirty-first, two thousand nine rounded up to the near-
    46  est one position.
    47    (B) Distributions made to a consortium or  teaching  general  hospital
    48  shall  equal  the product of the total number of clinical research posi-
    49  tions submitted  by  a  consortium  or  teaching  general  hospital  and
    50  accepted  by the commissioner as meeting the criteria set forth in para-
    51  graph (b) of subdivision one of this section, subject to  the  reduction
    52  calculation  set  forth  in  clause  (C) of this subparagraph, times one
    53  hundred ten thousand dollars.
    54    (C) If the dollar amount for the total  number  of  clinical  research
    55  positions  in  the  region  calculated  pursuant  to  clause (B) of this
    56  subparagraph exceeds the total amount appropriated for purposes of  this

        S. 7507--A                         28                         A. 9507--A
 
     1  paragraph,  including clinical research positions that continue from and
     2  were funded in prior distribution periods, the commissioner shall elimi-
     3  nate one-half of the  clinical  research  positions  submitted  by  each
     4  consortium  or teaching general hospital rounded down to the nearest one
     5  position. Such reduction shall be repeated until the dollar  amount  for
     6  the  total  number of clinical research positions in the region does not
     7  exceed the total amount appropriated for purposes of this paragraph.  If
     8  the  repeated  reduction  of the total number of clinical research posi-
     9  tions in the region by one-half does not render a total  funding  amount
    10  that  is equal to or less than the total amount reserved for that region
    11  within the appropriation, the funding for each clinical  research  posi-
    12  tion  in  that  region  shall  be reduced proportionally in one thousand
    13  dollar increments until the total dollar amount for the total number  of
    14  clinical  research  positions  in  that region does not exceed the total
    15  amount reserved for that region within the appropriation. Any  reduction
    16  in  funding will be effective for the duration of the award. No clinical
    17  research positions that continue from and were funded in prior  distrib-
    18  ution periods shall be eliminated or reduced by such methodology.
    19    (D)  Each  consortium  or  teaching general hospital shall receive its
    20  annual distribution amount in accordance with the following:
    21    (I) Each consortium or teaching general hospital with a one-year ECRIP
    22  award  shall  receive  its  annual  distribution  amount  in  full  upon
    23  completion of the requirements set forth in items (I) and (II) of clause
    24  (G)  of  this subparagraph. The requirements set forth in items (IV) and
    25  (V) of clause (G) of this subparagraph must be completed by the  consor-
    26  tium  or teaching general hospital in order for the consortium or teach-
    27  ing general hospital to be eligible to apply for ECRIP  funding  in  any
    28  subsequent funding cycle.
    29    (II)  Each  consortium  or  teaching  general hospital with a two-year
    30  ECRIP award shall receive its first annual distribution amount  in  full
    31  upon  completion  of the requirements set forth in items (I) and (II) of
    32  clause (G) of this subparagraph. Each  consortium  or  teaching  general
    33  hospital will receive its second annual distribution amount in full upon
    34  completion  of the requirements set forth in item (III) of clause (G) of
    35  this subparagraph. The requirements set forth in items (IV) and  (V)  of
    36  clause  (G)  of this subparagraph must be completed by the consortium or
    37  teaching general hospital in order for the consortium or teaching gener-
    38  al hospital to be eligible to apply for ECRIP funding in any  subsequent
    39  funding cycle.
    40    (E)  Each  consortium  or teaching general hospital receiving distrib-
    41  utions pursuant to this subparagraph shall reserve seventy-five thousand
    42  dollars to primarily fund salary and fringe  benefits  of  the  clinical
    43  research  position  with  the remainder going to fund the development of
    44  faculty who are involved in biomedical research, training  and  clinical
    45  care.
    46    (F)  Undistributed  or  returned  funds  available  to  fund  clinical
    47  research positions pursuant to this paragraph for a distribution  period
    48  shall  be  available to fund clinical research positions in a subsequent
    49  distribution period.
    50    (G) In order to be eligible for distributions pursuant to this subpar-
    51  agraph, each consortium and teaching general hospital shall  provide  to
    52  the  commissioner by July first of each distribution period, the follow-
    53  ing data and information on a hospital-specific  basis.  Such  data  and
    54  information  shall  be  certified as to accuracy and completeness by the
    55  chief executive officer, chief financial officer or chair of the consor-
    56  tium governing body of each consortium or teaching general hospital  and

        S. 7507--A                         29                         A. 9507--A
 
     1  shall be maintained by each consortium and teaching general hospital for
     2  five years from the date of submission:
     3    (I)  For  each  clinical  research  position, information on the type,
     4  scope, training objectives,  institutional  support,  clinical  research
     5  experience of the sponsor-mentor, plans for submitting research outcomes
     6  to  peer reviewed journals and at scientific meetings, including a meet-
     7  ing sponsored by the department, the name of a principal contact  person
     8  responsible for tracking the career development of researchers placed in
     9  clinical  research positions, as defined in paragraph (c) of subdivision
    10  one of this section, and who is authorized to certify to the commission-
    11  er that all the requirements of the clinical  research  training  objec-
    12  tives  set  forth  in this subparagraph shall be met. Such certification
    13  shall be provided by July first of each distribution period;
    14    (II) For each clinical research position,  information  on  the  name,
    15  citizenship  status, medical education and training, and medical license
    16  number of the researcher, if applicable, shall be provided  by  December
    17  thirty-first of the calendar year following the distribution period;
    18    (III)  Information on the status of the clinical research plan, accom-
    19  plishments, changes in research activities, progress, and performance of
    20  the researcher shall be provided upon  completion  of  one-half  of  the
    21  award term;
    22    (IV)  A  final report detailing training experiences, accomplishments,
    23  activities and performance of the clinical researcher, and  data,  meth-
    24  ods,  results  and  analyses  of  the  clinical  research  plan shall be
    25  provided three months after the clinical research position ends; and
    26    (V) Tracking information concerning past  researchers,  including  but
    27  not  limited  to (A) background information, (B) employment history, (C)
    28  research status, (D) current research activities, (E)  publications  and
    29  presentations,  (F)  research  support,  and  (G)  any other information
    30  necessary to track the researcher; and
    31    (VI) Any other data or information required  by  the  commissioner  to
    32  implement this subparagraph.
    33    (H)  Notwithstanding  any  inconsistent provision of this subdivision,
    34  for periods on and after April first, two thousand thirteen, ECRIP grant
    35  awards shall be made in accordance with rules and regulations promulgat-
    36  ed by the commissioner. Such regulations shall, at a minimum:
    37    (1) provide that ECRIP grant awards shall be made with  the  objective
    38  of  securing  federal funding for biomedical research, training clinical
    39  researchers, recruiting national leaders as faculty to act  as  mentors,
    40  and training residents and fellows in biomedical research skills;
    41    (2)  provide that ECRIP grant applicants may include interdisciplinary
    42  research teams comprised of teaching general hospitals acting in collab-
    43  oration with entities including but  not  limited  to  medical  centers,
    44  hospitals, universities and local health departments;
    45    (3) provide that applications for ECRIP grant awards shall be based on
    46  such  information requested by the commissioner, which shall include but
    47  not be limited to hospital-specific data;
    48    (4) establish the qualifications for  investigators  and  other  staff
    49  required for grant projects eligible for ECRIP grant awards; and
    50    (5)  establish a methodology for the distribution of funds under ECRIP
    51  grant awards.
    52    [(c) Ambulatory care training.  Four  million  nine  hundred  thousand
    53  dollars  for the period January first, two thousand eight through Decem-
    54  ber thirty-first, two thousand eight, four million nine hundred thousand
    55  dollars for the period January first, two thousand nine through December
    56  thirty-first, two thousand nine,  four  million  nine  hundred  thousand

        S. 7507--A                         30                         A. 9507--A

     1  dollars  for the period January first, two thousand ten through December
     2  thirty-first, two thousand ten,  one  million  two  hundred  twenty-five
     3  thousand  dollars  for  the  period  January  first, two thousand eleven
     4  through  March  thirty-first,  two  thousand  eleven, four million three
     5  hundred thousand dollars each state fiscal year  for  the  period  April
     6  first,  two  thousand  eleven  through  March thirty-first, two thousand
     7  fourteen, up to four million sixty thousand dollars  each  state  fiscal
     8  year  for  the  period  April first, two thousand fourteen through March
     9  thirty-first, two thousand seventeen, and up to four million sixty thou-
    10  sand dollars each fiscal year for the period April first,  two  thousand
    11  seventeen  through March thirty-first, two thousand twenty, shall be set
    12  aside and reserved by the commissioner from the  regional  pools  estab-
    13  lished  pursuant  to subdivision two of this section and shall be avail-
    14  able for distributions to sponsoring  institutions  to  be  directed  to
    15  support  clinical  training  of  medical students and residents in free-
    16  standing ambulatory care settings, including  community  health  centers
    17  and  private  practices. Such funding shall be allocated regionally with
    18  two-thirds of the available funding going to New York city and one-third
    19  of the available funding going to the rest of the  state  and  shall  be
    20  distributed  to  sponsoring  institutions  in  each region pursuant to a
    21  request for application or request for proposal process with  preference
    22  being  given  to sponsoring institutions which provide training in sites
    23  located in underserved rural or inner-city areas and those that  include
    24  medical students in such training.]
    25    [(d)]  (c)  Physician loan repayment program. One million nine hundred
    26  sixty thousand dollars for the period January first, two thousand  eight
    27  through  December  thirty-first,  two  thousand  eight, one million nine
    28  hundred sixty thousand dollars for the period January first,  two  thou-
    29  sand  nine through December thirty-first, two thousand nine, one million
    30  nine hundred sixty thousand dollars for the period  January  first,  two
    31  thousand  ten  through  December  thirty-first,  two  thousand ten, four
    32  hundred ninety thousand dollars for the period January first, two  thou-
    33  sand eleven through March thirty-first, two thousand eleven, one million
    34  seven  hundred  thousand  dollars  each state fiscal year for the period
    35  April first, two thousand eleven through March thirty-first,  two  thou-
    36  sand  fourteen,  up  to  one million seven hundred five thousand dollars
    37  each state fiscal year for the period April first, two thousand fourteen
    38  through March thirty-first, two thousand  seventeen,  [and]  up  to  one
    39  million  seven  hundred five thousand dollars each state fiscal year for
    40  the period April first, two thousand  seventeen  through  March  thirty-
    41  first,  two  thousand  twenty,  and up to one million seven hundred five
    42  thousand dollars each state fiscal year for the period April first,  two
    43  thousand  twenty  through March thirty-first, two thousand twenty-three,
    44  shall be set aside and reserved by the commissioner  from  the  regional
    45  pools  established pursuant to subdivision two of this section and shall
    46  be available for purposes of physician loan repayment in accordance with
    47  subdivision ten of this section. Notwithstanding any contrary  provision
    48  of this section, sections one hundred twelve and one hundred sixty-three
    49  of  the  state finance law, or any other contrary provision of law, such
    50  funding shall be allocated regionally with one-third of available  funds
    51  going  to  New  York city and two-thirds of available funds going to the
    52  rest of the state and shall be distributed in a manner to be  determined
    53  by  the  commissioner  without a competitive bid or request for proposal
    54  process as follows:
    55    (i) Funding shall first be awarded to repay loans of up to twenty-five
    56  physicians who train in primary care or  specialty  tracks  in  teaching

        S. 7507--A                         31                         A. 9507--A
 
     1  general hospitals, and who enter and remain in primary care or specialty
     2  practices in underserved communities, as determined by the commissioner.
     3    (ii)  After  distributions in accordance with subparagraph (i) of this
     4  paragraph, all remaining funds shall be awarded to repay loans of physi-
     5  cians who enter and remain in primary care  or  specialty  practices  in
     6  underserved  communities,  as  determined by the commissioner, including
     7  but not limited to physicians working in  general  hospitals,  or  other
     8  health care facilities.
     9    (iii)  In no case shall less than fifty percent of the funds available
    10  pursuant to this paragraph be distributed in  accordance  with  subpara-
    11  graphs (i) and (ii) of this paragraph to physicians identified by gener-
    12  al hospitals.
    13    (iv)  In addition to the funds allocated under this paragraph, for the
    14  period April first, two thousand fifteen through March thirty-first, two
    15  thousand sixteen,  two  million  dollars  shall  be  available  for  the
    16  purposes described in subdivision ten of this section;
    17    (v)  In  addition to the funds allocated under this paragraph, for the
    18  period April first, two thousand sixteen through March thirty-first, two
    19  thousand seventeen, two million  dollars  shall  be  available  for  the
    20  purposes described in subdivision ten of this section;
    21    (vi) Notwithstanding any provision of law to the contrary, and subject
    22  to the extension of the Health Care Reform Act of 1996, sufficient funds
    23  shall be available for the purposes described in subdivision ten of this
    24  section  in amounts necessary to fund the remaining year commitments for
    25  awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
    26    [(e)] (d) Physician practice support. Four million nine hundred  thou-
    27  sand  dollars  for  the period January first, two thousand eight through
    28  December thirty-first, two thousand eight,  four  million  nine  hundred
    29  thousand  dollars  annually  for  the period January first, two thousand
    30  nine through December thirty-first, two thousand ten,  one  million  two
    31  hundred  twenty-five  thousand dollars for the period January first, two
    32  thousand eleven through March thirty-first, two  thousand  eleven,  four
    33  million  three  hundred  thousand dollars each state fiscal year for the
    34  period April first, two thousand eleven through March thirty-first,  two
    35  thousand  fourteen,  up  to  four  million  three hundred sixty thousand
    36  dollars each state fiscal year for the period April first, two  thousand
    37  fourteen through March thirty-first, two thousand seventeen, [and] up to
    38  four  million three hundred sixty thousand dollars for each state fiscal
    39  year for the period April first, two thousand  seventeen  through  March
    40  thirty-first,  two thousand twenty, and up to four million three hundred
    41  sixty thousand dollars for each fiscal year for the period April  first,
    42  two  thousand  twenty  through  March thirty-first, two thousand twenty-
    43  three, shall be set aside and reserved  by  the  commissioner  from  the
    44  regional  pools  established pursuant to subdivision two of this section
    45  and shall be available  for  purposes  of  physician  practice  support.
    46  Notwithstanding  any  contrary  provision  of this section, sections one
    47  hundred twelve and one hundred sixty-three of the state finance law,  or
    48  any  other  contrary  provision  of law, such funding shall be allocated
    49  regionally with one-third of available funds going to New York city  and
    50  two-thirds  of  available funds going to the rest of the state and shall
    51  be distributed in a manner to be determined by the commissioner  without
    52  a competitive bid or request for proposal process as follows:
    53    (i)  Preference in funding shall first be accorded to teaching general
    54  hospitals for up to twenty-five awards, to  support  costs  incurred  by
    55  physicians  trained in primary or specialty tracks who thereafter estab-

        S. 7507--A                         32                         A. 9507--A

     1  lish or join practices in underserved communities, as determined by  the
     2  commissioner.
     3    (ii)  After  distributions in accordance with subparagraph (i) of this
     4  paragraph, all remaining funds shall be awarded to physicians to support
     5  the cost of establishing or joining practices  in  underserved  communi-
     6  ties,  as  determined  by  the  commissioner, and to hospitals and other
     7  health care providers to recruit new physicians to provide  services  in
     8  underserved communities, as determined by the commissioner.
     9    (iii)  In no case shall less than fifty percent of the funds available
    10  pursuant to this  paragraph  be  distributed  to  general  hospitals  in
    11  accordance with subparagraphs (i) and (ii) of this paragraph.
    12    [(e-1)]  (e)  Work group. For funding available pursuant to paragraphs
    13  (c) and (d) (e) of this subdivision:
    14    (i) The department shall appoint a  work  group  from  recommendations
    15  made  by  associations  representing  physicians,  general hospitals and
    16  other health care facilities to develop a streamlined application  proc-
    17  ess by June first, two thousand twelve.
    18    (ii) Subject to available funding, applications shall be accepted on a
    19  continuous  basis.  The department shall provide technical assistance to
    20  applicants to facilitate their completion of applications. An  applicant
    21  shall  be  notified  in  writing  by  the  department within ten days of
    22  receipt of an application as to whether the application is complete  and
    23  if  the  application is incomplete, what information is outstanding. The
    24  department shall act on an application within thirty days of receipt  of
    25  a complete application.
    26    (f) Study on physician workforce. Five hundred ninety thousand dollars
    27  annually for the period January first, two thousand eight through Decem-
    28  ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
    29  dollars for the period January first, two thousand eleven through  March
    30  thirty-first, two thousand eleven, five hundred sixteen thousand dollars
    31  each  state  fiscal year for the period April first, two thousand eleven
    32  through March thirty-first, two thousand fourteen, up  to  four  hundred
    33  eighty-seven  thousand  dollars  each  state  fiscal year for the period
    34  April first, two thousand fourteen through March thirty-first, two thou-
    35  sand seventeen, [and] up to four hundred eighty-seven  thousand  dollars
    36  for  each  state  fiscal  year  for the period April first, two thousand
    37  seventeen through March thirty-first, two thousand  twenty,  and  up  to
    38  four  hundred  eighty-seven  thousand dollars each state fiscal year for
    39  the period April first, two thousand twenty through March  thirty-first,
    40  two  thousand  twenty-three,  shall  be  set  aside  and reserved by the
    41  commissioner from the regional pools established pursuant to subdivision
    42  two of this section and shall be available to fund a study of  physician
    43  workforce needs and solutions including, but not limited to, an analysis
    44  of  residency  programs  and projected physician workforce and community
    45  needs. The commissioner shall enter into agreements  with  one  or  more
    46  organizations  to  conduct  such  study  based on a request for proposal
    47  process.
    48    (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
    49  any  inconsistent provision of section one hundred twelve or one hundred
    50  sixty-three of the state finance law or any other law, one million  nine
    51  hundred  sixty  thousand  dollars annually for the period January first,
    52  two thousand eight through December thirty-first, two thousand ten, four
    53  hundred ninety thousand dollars for the period January first, two  thou-
    54  sand eleven through March thirty-first, two thousand eleven, one million
    55  seven  hundred  thousand  dollars  each state fiscal year for the period
    56  April first, two thousand eleven through March thirty-first,  two  thou-

        S. 7507--A                         33                         A. 9507--A
 
     1  sand  fourteen, up to one million six hundred five thousand dollars each
     2  state fiscal year for the period  April  first,  two  thousand  fourteen
     3  through  March  thirty-first,  two thousand seventeen, up to one million
     4  six  hundred five thousand dollars each state fiscal year for the period
     5  April first, two thousand  seventeen  through  March  thirty-first,  two
     6  thousand twenty, and up to one million six hundred five thousand dollars
     7  each  state  fiscal year for the period April first, two thousand twenty
     8  through March thirty-first, two  thousand  twenty-three,  shall  be  set
     9  aside  and  reserved  by the commissioner from the regional pools estab-
    10  lished pursuant to subdivision two of this section and shall  be  avail-
    11  able  for distributions to the Associated Medical Schools of New York to
    12  fund its diversity program including existing and new post-baccalaureate
    13  programs  for  minority  and  economically  disadvantaged  students  and
    14  encourage  participation from all medical schools in New York. The asso-
    15  ciated medical schools of New York shall report to the  commissioner  on
    16  an annual basis regarding the use of funds for such purpose in such form
    17  and manner as specified by the commissioner.
    18    (h)  In  the  event  there are undistributed funds within amounts made
    19  available for distributions pursuant to this subdivision, such funds may
    20  be reallocated and distributed in  current  or  subsequent  distribution
    21  periods  in  a manner determined by the commissioner for any purpose set
    22  forth in this subdivision.
    23    12. Notwithstanding any provision of law to the contrary, applications
    24  submitted on or after April first, two thousand sixteen, for the  physi-
    25  cian  loan repayment program pursuant to paragraph [(d)] (c) of subdivi-
    26  sion five-a of this section and subdivision ten of this section  or  the
    27  physician  practice  support  program pursuant to paragraph [(e)] (d) of
    28  subdivision five-a of this section, shall be subject  to  the  following
    29  changes:
    30    (a)  Awards  shall  be  made  from the total funding available for new
    31  awards under the physician loan  repayment  program  and  the  physician
    32  practice  support  program,  with  neither program limited to a specific
    33  funding amount within such total funding available;
    34    (b) An applicant may apply for an  award  for  either  physician  loan
    35  repayment or physician practice support, but not both;
    36    (c)  An applicant shall agree to practice for three years in an under-
    37  served area and each award shall provide up to  forty  thousand  dollars
    38  for each of the three years; and
    39    (d)  To the extent practicable, awards shall be timed to be of use for
    40  job offers made to applicants.
    41    § 7. Subdivision 7 of section 2807-m  of  the  public  health  law  is
    42  REPEALED.
    43    §  8.  Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
    44  2807-s of the public health law, as amended by section 30 of part  H  of
    45  chapter 59 of the laws of 2011, is amended to read as follows:
    46    (xvi)  provided further, however, for periods prior to July first, two
    47  thousand nine, amounts set forth in this paragraph shall be  reduced  by
    48  an amount equal to the actual distribution reductions for all facilities
    49  pursuant  to  paragraph  (s)  of subdivision one of section twenty-eight
    50  hundred seven-m of this article.
    51    § 9. Subdivision (c) of section 92-dd of the  state  finance  law,  as
    52  amended  by section 75-f of part C of chapter 58 of the laws of 2008, is
    53  amended to read as follows:
    54    (c) The pool administrator shall, from appropriated funds  transferred
    55  to  the  pool  administrator  from  the  comptroller,  continue  to make
    56  payments as required pursuant to sections twenty-eight hundred  seven-k,

        S. 7507--A                         34                         A. 9507--A
 
     1  twenty-eight  hundred  seven-m  (not including payments made pursuant to
     2  [subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f)
     3  and (g) of subdivision five-a [and subdivision seven] of  section  twen-
     4  ty-eight  hundred  seven-m),  and  twenty-eight  hundred  seven-w of the
     5  public health law, paragraph (e) of subdivision twenty-five  of  section
     6  twenty-eight  hundred  seven-c  of the public health law, paragraphs (b)
     7  and (c) of subdivision thirty of section twenty-eight hundred seven-c of
     8  the public health law, paragraph (b) of subdivision eighteen of  section
     9  twenty-eight  hundred  eight of the public health law, subdivision seven
    10  of section twenty-five hundred-d of the public health  law  and  section
    11  eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
    12    §  10.  Subdivision 4-c of section 2807-p of the public health law, as
    13  amended by section 13 of part H of chapter 57 of the laws  of  2017,  is
    14  amended to read as follows:
    15    4-c. Notwithstanding any provision of law to the contrary, the commis-
    16  sioner  shall  make additional payments for uncompensated care to volun-
    17  tary non-profit diagnostic and treatment centers that are  eligible  for
    18  distributions  under  subdivision  four of this section in the following
    19  amounts: for the period June first, two thousand  six  through  December
    20  thirty-first,  two  thousand  six,  in  the amount of seven million five
    21  hundred thousand dollars, for the period  January  first,  two  thousand
    22  seven  through  December thirty-first, two thousand seven, seven million
    23  five hundred thousand dollars, for the period January first,  two  thou-
    24  sand  eight  through  December  thirty-first,  two thousand eight, seven
    25  million five hundred thousand dollars, for the period January first, two
    26  thousand nine through December thirty-first, two thousand nine,  fifteen
    27  million five hundred thousand dollars, for the period January first, two
    28  thousand  ten  through  December  thirty-first,  two thousand ten, seven
    29  million five hundred thousand dollars, for the period January first, two
    30  thousand eleven though December thirty-first, two thousand eleven, seven
    31  million five hundred thousand dollars, for the period January first, two
    32  thousand twelve through  December  thirty-first,  two  thousand  twelve,
    33  seven  million  five  hundred  thousand  dollars, for the period January
    34  first, two thousand thirteen through December thirty-first, two thousand
    35  thirteen, seven million five hundred thousand dollars,  for  the  period
    36  January  first, two thousand fourteen through December thirty-first, two
    37  thousand fourteen, seven million five hundred thousand dollars, for  the
    38  period  January  first,  two  thousand  fifteen through December thirty-
    39  first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
    40  dollars,  for  the  period  January  first  two thousand sixteen through
    41  December thirty-first, two thousand sixteen, seven million five  hundred
    42  thousand  dollars,  for the period January first, two thousand seventeen
    43  through December thirty-first, two  thousand  seventeen,  seven  million
    44  five  hundred  thousand dollars, for the period January first, two thou-
    45  sand eighteen through  December  thirty-first,  two  thousand  eighteen,
    46  seven  million  five  hundred  thousand  dollars, for the period January
    47  first, two thousand nineteen through December thirty-first, two thousand
    48  nineteen, seven million five hundred thousand dollars,  for  the  period
    49  January  first,  two  thousand twenty through December thirty-first, two
    50  thousand twenty, seven million five hundred thousand  dollars,  for  the
    51  period  January  first, two thousand twenty-one through December thirty-
    52  first, two thousand twenty-one,  seven  million  five  hundred  thousand
    53  dollars,  for  the period January first, two thousand twenty-two through
    54  December thirty-first,  two  thousand  twenty-two,  seven  million  five
    55  hundred thousand dollars, and for the period January first, two thousand
    56  [twenty]  twenty-three through March thirty-first, two thousand [twenty]

        S. 7507--A                         35                         A. 9507--A
 
     1  twenty-three, in the amount of one million six hundred thousand dollars,
     2  provided, however, that for periods on  and  after  January  first,  two
     3  thousand  eight, such additional payments shall be distributed to volun-
     4  tary, non-profit diagnostic and treatment centers and to public diagnos-
     5  tic  and  treatment centers in accordance with paragraph (g) of subdivi-
     6  sion  four  of  this  section.  In  the  event  that  federal  financial
     7  participation  is  available  for  rate  adjustments  pursuant  to  this
     8  section, the commissioner shall make such payments as additional adjust-
     9  ments to rates of payment for voluntary non-profit diagnostic and treat-
    10  ment centers that  are  eligible  for  distributions  under  subdivision
    11  four-a  of  this  section  in the following amounts: for the period June
    12  first, two thousand six through December thirty-first, two thousand six,
    13  fifteen million dollars in the aggregate, and  for  the  period  January
    14  first,  two  thousand  seven through June thirtieth, two thousand seven,
    15  seven million five  hundred  thousand  dollars  in  the  aggregate.  The
    16  amounts  allocated  pursuant  to this paragraph shall be aggregated with
    17  and distributed pursuant to  the  same  methodology  applicable  to  the
    18  amounts  allocated  to  such  diagnostic  and treatment centers for such
    19  periods pursuant to subdivision four of this section if  federal  finan-
    20  cial  participation  is not available, or pursuant to subdivision four-a
    21  of  this  section  if  federal  financial  participation  is  available.
    22  Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
    23  services law, there shall be no local  share  in  a  medical  assistance
    24  payment adjustment under this subdivision.
    25    §  11.  Subparagraph (xv) of paragraph (a) of subdivision 6 of section
    26  2807-s of the public health law, as amended by section 3 of  part  H  of
    27  chapter 57 of the laws of 2017, is amended to read as follows:
    28    (xv) A gross annual statewide amount for the period January first, two
    29  thousand  fifteen  through  December thirty-first, two thousand [twenty]
    30  twenty-three, shall be one billion forty-five million dollars.
    31    § 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
    32  2807-s of the public health law, as amended by section 4 of  part  H  of
    33  chapter 57 of the laws of 2017, is amended to read as follows:
    34    (xiii)  twenty-three million eight hundred thirty-six thousand dollars
    35  each state fiscal year for the period April first, two  thousand  twelve
    36  through March thirty-first, two thousand [twenty] twenty-three;
    37    §  13.  Subdivision  6  of section 2807-t of the public health law, as
    38  amended by section 8 of part H of chapter 57 of the  laws  of  2017,  is
    39  amended to read as follows:
    40    6. Prospective adjustments. (a) The commissioner shall annually recon-
    41  cile  the  sum  of  the  actual payments made to the commissioner or the
    42  commissioner's designee for each region pursuant to section twenty-eight
    43  hundred seven-s of this article and pursuant to  this  section  for  the
    44  prior  year  with  the regional allocation of the gross annual statewide
    45  amount specified in subdivision  six  of  section  twenty-eight  hundred
    46  seven-s  of this article for such prior year. The difference between the
    47  actual amount raised for a region and the  regional  allocation  of  the
    48  specified  gross annual amount for such prior year shall be applied as a
    49  prospective adjustment to the regional allocation of the specified gross
    50  annual payment amount for such region for the year  next  following  the
    51  calculation  of  the  reconciliation. The authorized dollar value of the
    52  adjustments shall be the same as if calculated retrospectively.
    53    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    54  sion,  for  covered  lives  assessment rate periods on and after January
    55  first, two thousand fifteen through December thirty-first, two  thousand
    56  [twenty]  twenty-three, for amounts collected in the aggregate in excess

        S. 7507--A                         36                         A. 9507--A
 
     1  of one billion forty-five million dollars on an annual  basis,  prospec-
     2  tive  adjustments shall be suspended if the annual reconciliation calcu-
     3  lation from the prior year would otherwise result in a decrease  to  the
     4  regional  allocation  of  the  specified gross annual payment amount for
     5  that region, provided, however, that such  suspension  shall  be  lifted
     6  upon  a  determination  by  the  commissioner,  in consultation with the
     7  director of the budget, that sixty-five  million  dollars  in  aggregate
     8  collections  on  an  annual  basis over and above one billion forty-five
     9  million dollars on an annual basis have been reserved and set aside  for
    10  deposit  in the HCRA resources fund. Any amounts collected in the aggre-
    11  gate at or below one billion forty-five million  dollars  on  an  annual
    12  basis,   shall  be  subject  to  regional  adjustments  reconciling  any
    13  decreases or increases to the regional  allocation  in  accordance  with
    14  paragraph (a) of this subdivision.
    15    §  14.  Section 2807-v of the public health law, as amended by section
    16  22 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
    17  follows:
    18    § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
    19  utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
    20  initiatives  pool or in the health care reform act (HCRA) resources fund
    21  established pursuant to section ninety-two-dd of the state finance  law,
    22  whichever  is applicable, including income from invested funds, shall be
    23  distributed or retained by the commissioner or by the state comptroller,
    24  as applicable, in accordance with the following:
    25    (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
    26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    27  directed to receive for deposit to  the  credit  of  the  state  special
    28  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
    29  medicaid administration account, or any successor fund or  account,  for
    30  purposes  of  services  and  expenses  related to the toll-free medicaid
    31  fraud hotline established pursuant to section one hundred eight of chap-
    32  ter one of the laws of nineteen hundred  ninety-nine  from  the  tobacco
    33  control  and  insurance  initiatives  pool established for the following
    34  periods in the following amounts: four hundred thousand dollars annually
    35  for the periods January first, two  thousand  through  December  thirty-
    36  first,  two  thousand  two,  up to four hundred thousand dollars for the
    37  period January first, two thousand three through December  thirty-first,
    38  two  thousand  three, up to four hundred thousand dollars for the period
    39  January first, two thousand  four  through  December  thirty-first,  two
    40  thousand  four, up to four hundred thousand dollars for the period Janu-
    41  ary first, two thousand five through December thirty-first, two thousand
    42  five, up to four hundred thousand dollars for the period January  first,
    43  two  thousand six through December thirty-first, two thousand six, up to
    44  four hundred thousand dollars for the period January first, two thousand
    45  seven through December thirty-first, two  thousand  seven,  up  to  four
    46  hundred  thousand  dollars  for  the  period January first, two thousand
    47  eight through December thirty-first, two  thousand  eight,  up  to  four
    48  hundred thousand dollars for the period January first, two thousand nine
    49  through  December  thirty-first,  two  thousand nine, up to four hundred
    50  thousand dollars for the period January first, two thousand ten  through
    51  December  thirty-first,  two  thousand  ten,  up to one hundred thousand
    52  dollars for the period January first, two thousand eleven through  March
    53  thirty-first, two thousand eleven and within amounts appropriated on and
    54  after April first, two thousand eleven.
    55    (b)  Funds  shall  be  reserved  and accumulated from year to year and
    56  shall be available, including income from invested funds,  for  purposes

        S. 7507--A                         37                         A. 9507--A
 
     1  of payment of audits or audit contracts necessary to determine payor and
     2  provider compliance with requirements set forth in sections twenty-eight
     3  hundred  seven-j,  twenty-eight hundred seven-s and twenty-eight hundred
     4  seven-t  of  this  article from the tobacco control and insurance initi-
     5  atives pool established for  the  following  periods  in  the  following
     6  amounts:  five  million  six  hundred  thousand dollars annually for the
     7  periods January first, two thousand through December  thirty-first,  two
     8  thousand  two,  up to five million dollars for the period January first,
     9  two thousand three through December thirty-first, two thousand three, up
    10  to five million dollars for the period January first, two thousand  four
    11  through  December  thirty-first,  two  thousand four, up to five million
    12  dollars for the period January first, two thousand five through December
    13  [thirty first] thirty-first, two  thousand  five,  up  to  five  million
    14  dollars  for the period January first, two thousand six through December
    15  thirty-first, two thousand six, up to seven million eight hundred  thou-
    16  sand  dollars  for  the period January first, two thousand seven through
    17  December thirty-first, two thousand seven, and up to eight million three
    18  hundred twenty-five thousand dollars for the period January  first,  two
    19  thousand  eight through December thirty-first, two thousand eight, up to
    20  eight million five hundred  thousand  dollars  for  the  period  January
    21  first,  two  thousand  nine  through December thirty-first, two thousand
    22  nine, up to eight million five hundred thousand dollars for  the  period
    23  January first, two thousand ten through December thirty-first, two thou-
    24  sand ten, up to two million one hundred twenty-five thousand dollars for
    25  the  period  January  first,  two  thousand eleven through March thirty-
    26  first, two thousand eleven, up to fourteen million seven  hundred  thou-
    27  sand  dollars  each  state  fiscal  year for the period April first, two
    28  thousand eleven through March thirty-first, two thousand fourteen, up to
    29  eleven million one hundred thousand dollars each state fiscal  year  for
    30  the  period  April  first,  two  thousand fourteen through March thirty-
    31  first, two thousand seventeen, [and] up to eleven  million  one  hundred
    32  thousand  dollars each state fiscal year for the period April first, two
    33  thousand seventeen through March thirty-first, two thousand twenty,  and
    34  up to eleven million one hundred thousand dollars each state fiscal year
    35  for  the  period  April first, two thousand twenty through March thirty-
    36  first, two thousand twenty-three.
    37    (c) Funds shall be  deposited  by  the  commissioner,  within  amounts
    38  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    39  directed to receive for deposit to  the  credit  of  the  state  special
    40  revenue  funds  - other, HCRA transfer fund, enhanced community services
    41  account, or any successor fund or account, for  mental  health  services
    42  programs for case management services for adults and children; supported
    43  housing;  home  and community based waiver services; family based treat-
    44  ment; family support services; mobile mental health teams;  transitional
    45  housing; and community oversight, established pursuant to articles seven
    46  and  forty-one of the mental hygiene law and subdivision nine of section
    47  three hundred sixty-six of the social services law; and  for  comprehen-
    48  sive  care  centers  for eating disorders pursuant to the former section
    49  twenty-seven hundred ninety-nine-l of  this  chapter,  provided  however
    50  that,  for  such  centers,  funds in the amount of five hundred thousand
    51  dollars on an annualized basis shall be transferred  from  the  enhanced
    52  community services account, or any successor fund or account, and depos-
    53  ited  into  the  fund  established by section ninety-five-e of the state
    54  finance law; from the tobacco control  and  insurance  initiatives  pool
    55  established for the following periods in the following amounts:

        S. 7507--A                         38                         A. 9507--A
 
     1    (i)  forty-eight million dollars to be reserved, to be retained or for
     2  distribution pursuant to a chapter of the laws of two thousand, for  the
     3  period  January  first,  two thousand through December thirty-first, two
     4  thousand;
     5    (ii)  eighty-seven  million  dollars to be reserved, to be retained or
     6  for distribution pursuant to a chapter of the laws of two thousand  one,
     7  for  the period January first, two thousand one through December thirty-
     8  first, two thousand one;
     9    (iii) eighty-seven million dollars to be reserved, to be  retained  or
    10  for  distribution pursuant to a chapter of the laws of two thousand two,
    11  for the period January first, two thousand two through December  thirty-
    12  first, two thousand two;
    13    (iv)  eighty-eight  million  dollars to be reserved, to be retained or
    14  for distribution pursuant to a chapter  of  the  laws  of  two  thousand
    15  three, for the period January first, two thousand three through December
    16  thirty-first, two thousand three;
    17    (v)  eighty-eight million dollars, plus five hundred thousand dollars,
    18  to be reserved, to be retained or for distribution pursuant to a chapter
    19  of the laws of two thousand four, and pursuant  to  the  former  section
    20  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    21  ary first, two thousand four through December thirty-first, two thousand
    22  four;
    23    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
    24  to be reserved, to be retained or for distribution pursuant to a chapter
    25  of  the  laws  of  two thousand five, and pursuant to the former section
    26  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    27  ary first, two thousand five through December thirty-first, two thousand
    28  five;
    29    (vii)  eighty-eight  million  dollars,  plus  five  hundred   thousand
    30  dollars,  to be reserved, to be retained or for distribution pursuant to
    31  a chapter of the laws of  two  thousand  six,  and  pursuant  to  former
    32  section  twenty-seven  hundred  ninety-nine-l  of  this chapter, for the
    33  period January first, two thousand six  through  December  thirty-first,
    34  two thousand six;
    35    (viii)  eighty-six  million  four  hundred thousand dollars, plus five
    36  hundred thousand dollars, to be reserved, to be retained or for distrib-
    37  ution pursuant to a chapter of the laws of two thousand seven and pursu-
    38  ant to the former section twenty-seven  hundred  ninety-nine-l  of  this
    39  chapter, for the period January first, two thousand seven through Decem-
    40  ber thirty-first, two thousand seven; and
    41    (ix)  twenty-two  million nine hundred thirteen thousand dollars, plus
    42  one hundred twenty-five thousand dollars, to be reserved, to be retained
    43  or for distribution pursuant to a chapter of the laws  of  two  thousand
    44  eight  and  pursuant  to the former section twenty-seven hundred ninety-
    45  nine-l of this chapter, for the period January first, two thousand eight
    46  through March thirty-first, two thousand eight.
    47    (d) Funds shall be  deposited  by  the  commissioner,  within  amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed to receive for deposit to  the  credit  of  the  state  special
    50  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    51  or any successor fund or account, for  purposes  of  funding  the  state
    52  share of services and expenses related to the family health plus program
    53  including up to two and one-half million dollars annually for the period
    54  January  first, two thousand through December thirty-first, two thousand
    55  two, for administration and marketing costs associated with such program
    56  established pursuant to clause (A) of subparagraph (v) of paragraph  (a)

        S. 7507--A                         39                         A. 9507--A

     1  of  subdivision two of section three hundred sixty-nine-ee of the social
     2  services law from the tobacco control  and  insurance  initiatives  pool
     3  established for the following periods in the following amounts:
     4    (i) three million five hundred thousand dollars for the period January
     5  first, two thousand through December thirty-first, two thousand;
     6    (ii)  twenty-seven  million  dollars for the period January first, two
     7  thousand one through December thirty-first, two thousand one; and
     8    (iii) fifty-seven million dollars for the period  January  first,  two
     9  thousand two through December thirty-first, two thousand two.
    10    (e)  Funds  shall  be  deposited  by  the commissioner, within amounts
    11  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    12  directed  to  receive  for  deposit  to  the credit of the state special
    13  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    14  or  any  successor  fund  or  account, for purposes of funding the state
    15  share of services and expenses related to the family health plus program
    16  including up to two and one-half million dollars annually for the period
    17  January first, two thousand through December thirty-first, two  thousand
    18  two  for administration and marketing costs associated with such program
    19  established pursuant to clause (B) of subparagraph (v) of paragraph  (a)
    20  of  subdivision two of section three hundred sixty-nine-ee of the social
    21  services law from the tobacco control  and  insurance  initiatives  pool
    22  established for the following periods in the following amounts:
    23    (i)  two  million five hundred thousand dollars for the period January
    24  first, two thousand through December thirty-first, two thousand;
    25    (ii) thirty million five hundred thousand dollars for the period Janu-
    26  ary first, two thousand one through December thirty-first, two  thousand
    27  one; and
    28    (iii)  sixty-six  million  dollars  for  the period January first, two
    29  thousand two through December thirty-first, two thousand two.
    30    (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
    31  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    32  directed to receive for deposit to  the  credit  of  the  state  special
    33  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
    34  medicaid administration account, or any successor fund or  account,  for
    35  purposes of payment of administrative expenses of the department related
    36  to  the family health plus program established pursuant to section three
    37  hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
    38  control  and  insurance  initiatives  pool established for the following
    39  periods in the following amounts: five hundred thousand  dollars  on  an
    40  annual  basis for the periods January first, two thousand through Decem-
    41  ber thirty-first, two thousand six, five hundred  thousand  dollars  for
    42  the  period  January  first, two thousand seven through December thirty-
    43  first, two thousand seven, and five hundred  thousand  dollars  for  the
    44  period  January first, two thousand eight through December thirty-first,
    45  two thousand eight, five hundred thousand dollars for the period January
    46  first, two thousand nine through  December  thirty-first,  two  thousand
    47  nine,  five  hundred  thousand dollars for the period January first, two
    48  thousand ten  through  December  thirty-first,  two  thousand  ten,  one
    49  hundred  twenty-five  thousand dollars for the period January first, two
    50  thousand eleven through March  thirty-first,  two  thousand  eleven  and
    51  within amounts appropriated on and after April first, two thousand elev-
    52  en.
    53    (g)  Funds  shall  be  reserved  and accumulated from year to year and
    54  shall be available, including income from invested funds,  for  purposes
    55  of  services and expenses related to the health maintenance organization
    56  direct pay market program established pursuant to  sections  forty-three

        S. 7507--A                         40                         A. 9507--A
 
     1  hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
     2  ance law from the tobacco control and insurance initiatives pool  estab-
     3  lished for the following periods in the following amounts:
     4    (i)  up  to  thirty-five million dollars for the period January first,
     5  two thousand through December thirty-first, two thousand of which  fifty
     6  percentum  shall  be  allocated  to the program pursuant to section four
     7  thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
     8  percentum to the program pursuant to section four thousand three hundred
     9  twenty-two-a of the insurance law;
    10    (ii)  up  to  thirty-six million dollars for the period January first,
    11  two thousand one through December  thirty-first,  two  thousand  one  of
    12  which  fifty  percentum  shall  be  allocated to the program pursuant to
    13  section four thousand three hundred twenty-one-a of  the  insurance  law
    14  and  fifty  percentum  to  the program pursuant to section four thousand
    15  three hundred twenty-two-a of the insurance law;
    16    (iii) up to thirty-nine million dollars for the period January  first,
    17  two  thousand  two  through  December  thirty-first, two thousand two of
    18  which fifty percentum shall be allocated  to  the  program  pursuant  to
    19  section  four  thousand  three hundred twenty-one-a of the insurance law
    20  and fifty percentum to the program pursuant  to  section  four  thousand
    21  three hundred twenty-two-a of the insurance law;
    22    (iv)  up  to  forty  million dollars for the period January first, two
    23  thousand three through December  thirty-first,  two  thousand  three  of
    24  which  fifty  percentum  shall  be  allocated to the program pursuant to
    25  section four thousand three hundred twenty-one-a of  the  insurance  law
    26  and  fifty  percentum  to  the program pursuant to section four thousand
    27  three hundred twenty-two-a of the insurance law;
    28    (v) up to forty million dollars for  the  period  January  first,  two
    29  thousand  four through December thirty-first, two thousand four of which
    30  fifty percentum shall be allocated to the program  pursuant  to  section
    31  four  thousand three hundred twenty-one-a of the insurance law and fifty
    32  percentum to the program pursuant to section four thousand three hundred
    33  twenty-two-a of the insurance law;
    34    (vi) up to forty million dollars for the  period  January  first,  two
    35  thousand  five through December thirty-first, two thousand five of which
    36  fifty percentum shall be allocated to the program  pursuant  to  section
    37  four  thousand three hundred twenty-one-a of the insurance law and fifty
    38  percentum to the program pursuant to section four thousand three hundred
    39  twenty-two-a of the insurance law;
    40    (vii) up to forty million dollars for the period  January  first,  two
    41  thousand  six  through  December thirty-first, two thousand six of which
    42  fifty percentum shall be allocated to the program  pursuant  to  section
    43  four  thousand three hundred twenty-one-a of the insurance law and fifty
    44  percentum shall be allocated to the program  pursuant  to  section  four
    45  thousand three hundred twenty-two-a of the insurance law;
    46    (viii)  up  to forty million dollars for the period January first, two
    47  thousand seven through December  thirty-first,  two  thousand  seven  of
    48  which  fifty  percentum  shall  be  allocated to the program pursuant to
    49  section four thousand three hundred twenty-one-a of  the  insurance  law
    50  and  fifty  percentum  shall  be  allocated  to  the program pursuant to
    51  section four thousand three hundred twenty-two-a of the  insurance  law;
    52  and
    53    (ix)  up  to  forty  million dollars for the period January first, two
    54  thousand eight through December  thirty-first,  two  thousand  eight  of
    55  which  fifty  per  centum  shall be allocated to the program pursuant to
    56  section four thousand three hundred twenty-one-a of  the  insurance  law

        S. 7507--A                         41                         A. 9507--A
 
     1  and  fifty  per  centum  shall  be  allocated to the program pursuant to
     2  section four thousand three hundred twenty-two-a of the insurance law.
     3    (h)  Funds  shall  be  reserved  and accumulated from year to year and
     4  shall be available, including income from invested funds,  for  purposes
     5  of  services  and  expenses  related  to the healthy New York individual
     6  program established pursuant to sections  four  thousand  three  hundred
     7  twenty-six and four thousand three hundred twenty-seven of the insurance
     8  law  from the tobacco control and insurance initiatives pool established
     9  for the following periods in the following amounts:
    10    (i) up to six million dollars for the period January first, two  thou-
    11  sand one through December thirty-first, two thousand one;
    12    (ii)  up  to twenty-nine million dollars for the period January first,
    13  two thousand two through December thirty-first, two thousand two;
    14    (iii) up to five million one hundred thousand dollars for  the  period
    15  January  first,  two  thousand  three through December thirty-first, two
    16  thousand three;
    17    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    18  period  January  first, two thousand four through December thirty-first,
    19  two thousand four;
    20    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    21  period  January  first, two thousand five through December thirty-first,
    22  two thousand five;
    23    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    24  period  January  first,  two thousand six through December thirty-first,
    25  two thousand six;
    26    (vii) up to sixty-one million seven hundred thousand dollars  for  the
    27  period  January first, two thousand seven through December thirty-first,
    28  two thousand seven; and
    29    (viii) up to one hundred three million seven  hundred  fifty  thousand
    30  dollars  for the period January first, two thousand eight through Decem-
    31  ber thirty-first, two thousand eight.
    32    (i) Funds shall be reserved and accumulated  from  year  to  year  and
    33  shall  be  available, including income from invested funds, for purposes
    34  of services and expenses related to the healthy New York  group  program
    35  established  pursuant to sections four thousand three hundred twenty-six
    36  and four thousand three hundred twenty-seven of the insurance  law  from
    37  the  tobacco  control and insurance initiatives pool established for the
    38  following periods in the following amounts:
    39    (i) up to thirty-four million dollars for the  period  January  first,
    40  two thousand one through December thirty-first, two thousand one;
    41    (ii) up to seventy-seven million dollars for the period January first,
    42  two thousand two through December thirty-first, two thousand two;
    43    (iii)  up  to ten million five hundred thousand dollars for the period
    44  January first, two thousand three  through  December  thirty-first,  two
    45  thousand three;
    46    (iv)  up  to  twenty-four million six hundred thousand dollars for the
    47  period January first, two thousand four through  December  thirty-first,
    48  two thousand four;
    49    (v)  up  to  thirty-four  million six hundred thousand dollars for the
    50  period January first, two thousand five through  December  thirty-first,
    51  two thousand five;
    52    (vi)  up  to fifty-four million eight hundred thousand dollars for the
    53  period January first, two thousand six  through  December  thirty-first,
    54  two thousand six;

        S. 7507--A                         42                         A. 9507--A
 
     1    (vii)  up  to sixty-one million seven hundred thousand dollars for the
     2  period January first, two thousand seven through December  thirty-first,
     3  two thousand seven; and
     4    (viii)  up  to  one hundred three million seven hundred fifty thousand
     5  dollars for the period January first, two thousand eight through  Decem-
     6  ber thirty-first, two thousand eight.
     7    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
     8  subdivision,  the  commissioner  shall  reserve and accumulate up to two
     9  million five hundred thousand dollars annually for the  periods  January
    10  first,  two  thousand  four  through December thirty-first, two thousand
    11  six, one million four hundred thousand dollars for  the  period  January
    12  first,  two  thousand  seven through December thirty-first, two thousand
    13  seven, two million dollars for the period January  first,  two  thousand
    14  eight  through  December  thirty-first,  two  thousand eight, from funds
    15  otherwise available for  distribution  under  such  paragraphs  for  the
    16  services  and  expenses  related  to the pilot program for entertainment
    17  industry employees included in subsection (b) of  section  one  thousand
    18  one  hundred  twenty-two  of  the insurance law, and an additional seven
    19  hundred thousand dollars annually for the  periods  January  first,  two
    20  thousand  four through December thirty-first, two thousand six, an addi-
    21  tional three hundred thousand dollars for the period January first,  two
    22  thousand  seven  through June thirtieth, two thousand seven for services
    23  and expenses related to the pilot program for displaced workers included
    24  in subsection (c) of section one thousand one hundred twenty-two of  the
    25  insurance law.
    26    (j)  Funds  shall  be  reserved  and accumulated from year to year and
    27  shall be available, including income from invested funds,  for  purposes
    28  of  services  and  expenses  related  to  the tobacco use prevention and
    29  control program established pursuant to sections thirteen hundred  nine-
    30  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
    31  tobacco  control  and  insurance  initiatives  pool  established for the
    32  following periods in the following amounts:
    33    (i) up to thirty million dollars for the  period  January  first,  two
    34  thousand through December thirty-first, two thousand;
    35    (ii)  up  to  forty  million dollars for the period January first, two
    36  thousand one through December thirty-first, two thousand one;
    37    (iii) up to forty million dollars for the period  January  first,  two
    38  thousand two through December thirty-first, two thousand two;
    39    (iv)  up to thirty-six million nine hundred fifty thousand dollars for
    40  the period January first, two thousand three  through  December  thirty-
    41  first, two thousand three;
    42    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    43  the period January first, two thousand  four  through  December  thirty-
    44  first, two thousand four;
    45    (vi)  up  to forty million six hundred thousand dollars for the period
    46  January first, two thousand  five  through  December  thirty-first,  two
    47  thousand five;
    48    (vii)  up  to eighty-one million nine hundred thousand dollars for the
    49  period January first, two thousand six  through  December  thirty-first,
    50  two thousand six, provided, however, that within amounts appropriated, a
    51  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    52  Institute Corporation to support costs associated with cancer research;
    53    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
    54  for  the period January first, two thousand seven through December thir-
    55  ty-first, two thousand seven, provided,  however,  that  within  amounts
    56  appropriated,  a portion of such funds may be transferred to the Roswell

        S. 7507--A                         43                         A. 9507--A
 
     1  Park Cancer Institute  Corporation  to  support  costs  associated  with
     2  cancer research;
     3    (ix)  up to ninety-four million one hundred fifty thousand dollars for
     4  the period January first, two thousand eight  through  December  thirty-
     5  first, two thousand eight;
     6    (x)  up  to ninety-four million one hundred fifty thousand dollars for
     7  the period January first, two thousand  nine  through  December  thirty-
     8  first, two thousand nine;
     9    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
    10  dollars for the period January first, two thousand ten through  December
    11  thirty-first, two thousand ten;
    12    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
    13  for the period January first, two thousand eleven through March  thirty-
    14  first, two thousand eleven;
    15    (xiii) up to fifty-two million one hundred thousand dollars each state
    16  fiscal  year  for  the  period  April first, two thousand eleven through
    17  March thirty-first, two thousand fourteen;
    18    (xiv) up to six million dollars each state fiscal year for the  period
    19  April first, two thousand fourteen through March thirty-first, two thou-
    20  sand seventeen; [and]
    21    (xv)  up  to six million dollars each state fiscal year for the period
    22  April first, two thousand  seventeen  through  March  thirty-first,  two
    23  thousand twenty; and
    24    (xvi)  up to six million dollars each state fiscal year for the period
    25  April first, two thousand twenty through March thirty-first,  two  thou-
    26  sand twenty-three.
    27    (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
    28  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    29  directed  to  receive  for  deposit  to  the credit of the state special
    30  revenue fund - other, HCRA transfer fund, health care services  account,
    31  or  any successor fund or account, for purposes of services and expenses
    32  related to public health programs, including comprehensive care  centers
    33  for eating disorders pursuant to the former section twenty-seven hundred
    34  ninety-nine-l  of this chapter, provided however that, for such centers,
    35  funds in the amount of five hundred thousand dollars  on  an  annualized
    36  basis shall be transferred from the health care services account, or any
    37  successor  fund  or  account, and deposited into the fund established by
    38  section ninety-five-e of the state finance  law  for  periods  prior  to
    39  March  thirty-first,  two  thousand eleven, from the tobacco control and
    40  insurance initiatives pool established for the following periods in  the
    41  following amounts:
    42    (i) up to thirty-one million dollars for the period January first, two
    43  thousand through December thirty-first, two thousand;
    44    (ii) up to forty-one million dollars for the period January first, two
    45  thousand one through December thirty-first, two thousand one;
    46    (iii)  up  to eighty-one million dollars for the period January first,
    47  two thousand two through December thirty-first, two thousand two;
    48    (iv) one hundred twenty-two million five hundred thousand dollars  for
    49  the  period  January  first, two thousand three through December thirty-
    50  first, two thousand three;
    51    (v) one hundred  eight  million  five  hundred  seventy-five  thousand
    52  dollars, plus an additional five hundred thousand dollars, for the peri-
    53  od  January  first, two thousand four through December thirty-first, two
    54  thousand four;

        S. 7507--A                         44                         A. 9507--A
 
     1    (vi) ninety-one million eight hundred thousand dollars, plus an  addi-
     2  tional  five hundred thousand dollars, for the period January first, two
     3  thousand five through December thirty-first, two thousand five;
     4    (vii) one hundred fifty-six million six hundred thousand dollars, plus
     5  an  additional  five  hundred  thousand  dollars, for the period January
     6  first, two thousand six through December thirty-first, two thousand six;
     7    (viii) one hundred fifty-one million four  hundred  thousand  dollars,
     8  plus an additional five hundred thousand dollars, for the period January
     9  first,  two  thousand  seven through December thirty-first, two thousand
    10  seven;
    11    (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    12  dollars, plus an additional five hundred thousand dollars, for the peri-
    13  od  January first, two thousand eight through December thirty-first, two
    14  thousand eight;
    15    (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
    16  dollars, plus an additional five hundred thousand dollars, for the peri-
    17  od  January  first, two thousand nine through December thirty-first, two
    18  thousand nine;
    19    (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    20  dollars, plus an additional five hundred thousand dollars, for the peri-
    21  od  January  first,  two thousand ten through December thirty-first, two
    22  thousand ten;
    23    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
    24  hundred  fifty dollars, plus an additional one hundred twenty-five thou-
    25  sand dollars, for the period January first, two thousand eleven  through
    26  March thirty-first, two thousand eleven;
    27    (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
    28  the period April first, two thousand eleven through March  thirty-first,
    29  two thousand twelve; and
    30    (xiv) one hundred nineteen million four hundred seven thousand dollars
    31  each  state  fiscal year for the period April first, two thousand twelve
    32  through March thirty-first, two thousand fourteen.
    33    (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
    34  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    35  directed to receive for deposit to  the  credit  of  the  state  special
    36  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    37  or any successor fund or account, for  purposes  of  funding  the  state
    38  share  of the personal care and certified home health agency rate or fee
    39  increases established pursuant to subdivision  three  of  section  three
    40  hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
    41  control and insurance initiatives pool  established  for  the  following
    42  periods in the following amounts:
    43    (i)  twenty-three  million two hundred thousand dollars for the period
    44  January first, two thousand through December thirty-first, two thousand;
    45    (ii) twenty-three million two hundred thousand dollars for the  period
    46  January first, two thousand one through December thirty-first, two thou-
    47  sand one;
    48    (iii) twenty-three million two hundred thousand dollars for the period
    49  January first, two thousand two through December thirty-first, two thou-
    50  sand two;
    51    (iv)  up  to  sixty-five  million two hundred thousand dollars for the
    52  period January first, two thousand three through December  thirty-first,
    53  two thousand three;
    54    (v)  up  to  sixty-five  million  two hundred thousand dollars for the
    55  period January first, two thousand four through  December  thirty-first,
    56  two thousand four;

        S. 7507--A                         45                         A. 9507--A

     1    (vi)  up  to  sixty-five  million two hundred thousand dollars for the
     2  period January first, two thousand five through  December  thirty-first,
     3  two thousand five;
     4    (vii)  up  to  sixty-five million two hundred thousand dollars for the
     5  period January first, two thousand six  through  December  thirty-first,
     6  two thousand six;
     7    (viii)  up  to sixty-five million two hundred thousand dollars for the
     8  period January first, two thousand seven through December  thirty-first,
     9  two thousand seven; and
    10    (ix)  up  to  sixteen  million  three hundred thousand dollars for the
    11  period January first, two thousand eight through March thirty-first, two
    12  thousand eight.
    13    (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
    14  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    15  directed to receive for deposit to  the  credit  of  the  state  special
    16  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    17  or any successor fund or account, for  purposes  of  funding  the  state
    18  share  of  services  and expenses related to home care workers insurance
    19  pilot demonstration programs established pursuant to subdivision two  of
    20  section  three hundred sixty-seven-o of the social services law from the
    21  tobacco control and  insurance  initiatives  pool  established  for  the
    22  following periods in the following amounts:
    23    (i)  three million eight hundred thousand dollars for the period Janu-
    24  ary first, two thousand through December thirty-first, two thousand;
    25    (ii) three million eight hundred thousand dollars for the period Janu-
    26  ary first, two thousand one through December thirty-first, two  thousand
    27  one;
    28    (iii)  three  million  eight  hundred  thousand dollars for the period
    29  January first, two thousand two through December thirty-first, two thou-
    30  sand two;
    31    (iv) up to three million eight hundred thousand dollars for the period
    32  January first, two thousand three  through  December  thirty-first,  two
    33  thousand three;
    34    (v)  up to three million eight hundred thousand dollars for the period
    35  January first, two thousand  four  through  December  thirty-first,  two
    36  thousand four;
    37    (vi) up to three million eight hundred thousand dollars for the period
    38  January  first,  two  thousand  five  through December thirty-first, two
    39  thousand five;
    40    (vii) up to three million eight hundred thousand dollars for the peri-
    41  od January first, two thousand six through  December  thirty-first,  two
    42  thousand six;
    43    (viii)  up  to  three  million  eight hundred thousand dollars for the
    44  period January first, two thousand seven through December  thirty-first,
    45  two thousand seven; and
    46    (ix)  up to nine hundred fifty thousand dollars for the period January
    47  first, two thousand  eight  through  March  thirty-first,  two  thousand
    48  eight.
    49    (n) Funds shall be transferred by the commissioner and shall be depos-
    50  ited  to  the credit of the special revenue funds - other, miscellaneous
    51  special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
    52  program  premium  account authorized pursuant to the provisions of title
    53  three of article two of the elder law, or any successor fund or account,
    54  for funding state expenses relating to  the  program  from  the  tobacco
    55  control  and  insurance  initiatives  pool established for the following
    56  periods in the following amounts:

        S. 7507--A                         46                         A. 9507--A

     1    (i) one hundred seven million dollars for the  period  January  first,
     2  two thousand through December thirty-first, two thousand;
     3    (ii)  one  hundred  sixty-four  million dollars for the period January
     4  first, two thousand one through December thirty-first, two thousand one;
     5    (iii) three hundred twenty-two million seven hundred thousand  dollars
     6  for  the period January first, two thousand two through December thirty-
     7  first, two thousand two;
     8    (iv) four hundred thirty-three million three hundred thousand  dollars
     9  for  the period January first, two thousand three through December thir-
    10  ty-first, two thousand three;
    11    (v) five hundred four million one hundred fifty thousand  dollars  for
    12  the  period  January  first,  two thousand four through December thirty-
    13  first, two thousand four;
    14    (vi) five hundred sixty-six million eight hundred thousand dollars for
    15  the period January first, two thousand  five  through  December  thirty-
    16  first, two thousand five;
    17    (vii) six hundred three million one hundred fifty thousand dollars for
    18  the  period  January  first,  two  thousand six through December thirty-
    19  first, two thousand six;
    20    (viii) six hundred sixty million eight hundred  thousand  dollars  for
    21  the  period  January  first, two thousand seven through December thirty-
    22  first, two thousand seven;
    23    (ix) three hundred sixty-seven million four hundred sixty-three  thou-
    24  sand  dollars  for  the period January first, two thousand eight through
    25  December thirty-first, two thousand eight;
    26    (x) three hundred thirty-four million eight hundred twenty-five  thou-
    27  sand  dollars  for  the  period January first, two thousand nine through
    28  December thirty-first, two thousand nine;
    29    (xi) three hundred forty-four million nine  hundred  thousand  dollars
    30  for  the period January first, two thousand ten through December thirty-
    31  first, two thousand ten;
    32    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
    33  for the period January first, two thousand eleven through March  thirty-
    34  first, two thousand eleven;
    35    (xiii)  one  hundred  forty-three  million  one hundred fifty thousand
    36  dollars for the period April first, two thousand  eleven  through  March
    37  thirty-first, two thousand twelve;
    38    (xiv)  one  hundred twenty million nine hundred fifty thousand dollars
    39  for the period April first, two thousand twelve  through  March  thirty-
    40  first, two thousand thirteen;
    41    (xv)  one  hundred  twenty-eight  million eight hundred fifty thousand
    42  dollars for the period April first, two thousand thirteen through  March
    43  thirty-first, two thousand fourteen;
    44    (xvi)  one  hundred twenty-seven million four hundred sixteen thousand
    45  dollars each state fiscal year for the period April first, two  thousand
    46  fourteen through March thirty-first, two thousand seventeen; [and]
    47    (xvii)  one hundred twenty-seven million four hundred sixteen thousand
    48  dollars each state fiscal year for the period April first, two  thousand
    49  seventeen through March thirty-first, two thousand twenty; and
    50    (xviii) one hundred twenty-seven million four hundred sixteen thousand
    51  dollars  each state fiscal year for the period April first, two thousand
    52  twenty through March thirty-first, two thousand twenty-three.
    53    (o) Funds shall be reserved and accumulated and shall  be  transferred
    54  to  the  Roswell  Park  Cancer  Institute  Corporation, from the tobacco
    55  control and insurance initiatives pool  established  for  the  following
    56  periods in the following amounts:

        S. 7507--A                         47                         A. 9507--A
 
     1    (i)  up  to  ninety  million dollars for the period January first, two
     2  thousand through December thirty-first, two thousand;
     3    (ii)  up  to  sixty  million dollars for the period January first, two
     4  thousand one through December thirty-first, two thousand one;
     5    (iii) up to eighty-five million dollars for the period January  first,
     6  two thousand two through December thirty-first, two thousand two;
     7    (iv)  eighty-five  million  two hundred fifty thousand dollars for the
     8  period January first, two thousand three through December  thirty-first,
     9  two thousand three;
    10    (v)  seventy-eight  million  dollars for the period January first, two
    11  thousand four through December thirty-first, two thousand four;
    12    (vi) seventy-eight million dollars for the period January  first,  two
    13  thousand five through December thirty-first, two thousand five;
    14    (vii)  ninety-one  million  dollars  for the period January first, two
    15  thousand six through December thirty-first, two thousand six;
    16    (viii) seventy-eight million dollars for the period January first, two
    17  thousand seven through December thirty-first, two thousand seven;
    18    (ix) seventy-eight million dollars for the period January  first,  two
    19  thousand eight through December thirty-first, two thousand eight;
    20    (x)  seventy-eight  million  dollars for the period January first, two
    21  thousand nine through December thirty-first, two thousand nine;
    22    (xi) seventy-eight million dollars for the period January  first,  two
    23  thousand ten through December thirty-first, two thousand ten;
    24    (xii)  nineteen  million  five hundred thousand dollars for the period
    25  January first, two thousand eleven through March thirty-first, two thou-
    26  sand eleven;
    27    (xiii) sixty-nine million eight hundred forty  thousand  dollars  each
    28  state  fiscal  year  for  the  period  April  first, two thousand eleven
    29  through March thirty-first, two thousand fourteen;
    30    (xiv) up to ninety-six million six hundred thousand dollars each state
    31  fiscal year for the period April first, two  thousand  fourteen  through
    32  March thirty-first, two thousand seventeen; [and]
    33    (xv)  up to ninety-six million six hundred thousand dollars each state
    34  fiscal year for the period April first, two thousand  seventeen  through
    35  March thirty-first, two thousand twenty; and
    36    (xvi) up to ninety-six million six hundred thousand dollars each state
    37  fiscal  year  for  the  period  April first, two thousand twenty through
    38  March thirty-first, two thousand twenty-three.
    39    (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
    40  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    41  directed to receive for deposit to  the  credit  of  the  state  special
    42  revenue  funds - other, indigent care fund - 068, indigent care account,
    43  or any successor fund or account, for purposes of providing  a  medicaid
    44  disproportionate  share payment from the high need indigent care adjust-
    45  ment pool established pursuant to section twenty-eight  hundred  seven-w
    46  of this article, from the tobacco control and insurance initiatives pool
    47  established for the following periods in the following amounts:
    48    (i) eighty-two million dollars annually for the periods January first,
    49  two thousand through December thirty-first, two thousand two;
    50    (ii)  up  to  eighty-two million dollars for the period January first,
    51  two thousand three through December thirty-first, two thousand three;
    52    (iii) up to eighty-two million dollars for the period  January  first,
    53  two thousand four through December thirty-first, two thousand four;
    54    (iv)  up  to  eighty-two million dollars for the period January first,
    55  two thousand five through December thirty-first, two thousand five;

        S. 7507--A                         48                         A. 9507--A
 
     1    (v) up to eighty-two million dollars for the period January first, two
     2  thousand six through December thirty-first, two thousand six;
     3    (vi)  up  to  eighty-two million dollars for the period January first,
     4  two thousand seven through December thirty-first, two thousand seven;
     5    (vii) up to eighty-two million dollars for the period  January  first,
     6  two thousand eight through December thirty-first, two thousand eight;
     7    (viii)  up to eighty-two million dollars for the period January first,
     8  two thousand nine through December thirty-first, two thousand nine;
     9    (ix) up to eighty-two million dollars for the  period  January  first,
    10  two thousand ten through December thirty-first, two thousand ten;
    11    (x)  up to twenty million five hundred thousand dollars for the period
    12  January first, two thousand eleven through March thirty-first, two thou-
    13  sand eleven; and
    14    (xi) up to eighty-two million dollars each state fiscal year  for  the
    15  period  April first, two thousand eleven through March thirty-first, two
    16  thousand fourteen.
    17    (q) Funds shall be reserved and accumulated  from  year  to  year  and
    18  shall  be  available, including income from invested funds, for purposes
    19  of providing distributions  to  eligible  school  based  health  centers
    20  established  pursuant to section eighty-eight of chapter one of the laws
    21  of nineteen hundred ninety-nine, from the tobacco control and  insurance
    22  initiatives  pool established for the following periods in the following
    23  amounts:
    24    (i) seven million dollars annually for the period January  first,  two
    25  thousand through December thirty-first, two thousand two;
    26    (ii)  up  to  seven  million dollars for the period January first, two
    27  thousand three through December thirty-first, two thousand three;
    28    (iii) up to seven million dollars for the period  January  first,  two
    29  thousand four through December thirty-first, two thousand four;
    30    (iv)  up  to  seven  million dollars for the period January first, two
    31  thousand five through December thirty-first, two thousand five;
    32    (v) up to seven million dollars for  the  period  January  first,  two
    33  thousand six through December thirty-first, two thousand six;
    34    (vi)  up  to  seven  million dollars for the period January first, two
    35  thousand seven through December thirty-first, two thousand seven;
    36    (vii) up to seven million dollars for the period  January  first,  two
    37  thousand eight through December thirty-first, two thousand eight;
    38    (viii)  up  to seven million dollars for the period January first, two
    39  thousand nine through December thirty-first, two thousand nine;
    40    (ix) up to seven million dollars for the  period  January  first,  two
    41  thousand ten through December thirty-first, two thousand ten;
    42    (x)  up  to  one  million seven hundred fifty thousand dollars for the
    43  period January first, two thousand eleven  through  March  thirty-first,
    44  two thousand eleven;
    45    (xi) up to five million six hundred thousand dollars each state fiscal
    46  year for the period April first, two thousand eleven through March thir-
    47  ty-first, two thousand fourteen;
    48    (xii)  up  to  five  million  two hundred [eighty-eighty] eighty-eight
    49  thousand dollars each state fiscal year for the period April first,  two
    50  thousand  fourteen  through  March thirty-first, two thousand seventeen;
    51  [and]
    52    (xiii) up to five million two hundred  eighty-eight  thousand  dollars
    53  each  state  fiscal year for the period April first, two thousand seven-
    54  teen through March thirty-first, two thousand twenty; and

        S. 7507--A                         49                         A. 9507--A
 
     1    (xiv) up to five million two  hundred  eighty-eight  thousand  dollars
     2  each  state  fiscal year for the period April first, two thousand twenty
     3  through March thirty-first, two thousand twenty-three.
     4    (r) Funds shall be deposited by the commissioner within amounts appro-
     5  priated,  and the state comptroller is hereby authorized and directed to
     6  receive for deposit to the credit of the state special revenue  funds  -
     7  other,  HCRA transfer fund, medical assistance account, or any successor
     8  fund or account, for purposes of providing distributions for  supplemen-
     9  tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
    10  services, outpatient services, medical  equipment,  supplies  and  other
    11  health services, from the tobacco control and insurance initiatives pool
    12  established for the following periods in the following amounts:
    13    (i)  forty-three  million  dollars  for  the period January first, two
    14  thousand through December thirty-first, two thousand;
    15    (ii) sixty-one million dollars for the period January first, two thou-
    16  sand one through December thirty-first, two thousand one;
    17    (iii) sixty-five million dollars for the  period  January  first,  two
    18  thousand two through December thirty-first, two thousand two;
    19    (iv)  sixty-seven million five hundred thousand dollars for the period
    20  January first, two thousand three  through  December  thirty-first,  two
    21  thousand three;
    22    (v)  sixty-eight  million  dollars  for  the period January first, two
    23  thousand four through December thirty-first, two thousand four;
    24    (vi) sixty-eight million dollars for the  period  January  first,  two
    25  thousand five through December thirty-first, two thousand five;
    26    (vii)  sixty-eight  million  dollars for the period January first, two
    27  thousand six through December thirty-first, two thousand six;
    28    (viii) seventeen million five hundred thousand dollars for the  period
    29  January  first,  two  thousand  seven through December thirty-first, two
    30  thousand seven;
    31    (ix) sixty-eight million dollars for the  period  January  first,  two
    32  thousand eight through December thirty-first, two thousand eight;
    33    (x)  sixty-eight  million  dollars  for  the period January first, two
    34  thousand nine through December thirty-first, two thousand nine;
    35    (xi) sixty-eight million dollars for the  period  January  first,  two
    36  thousand ten through December thirty-first, two thousand ten;
    37    (xii)  seventeen  million  dollars  for  the period January first, two
    38  thousand eleven through March thirty-first, two thousand eleven; and
    39    (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
    40  period  April first, two thousand eleven through March thirty-first, two
    41  thousand fourteen.
    42    (s) Funds shall be deposited by the commissioner within amounts appro-
    43  priated, and the state comptroller is hereby authorized and directed  to
    44  receive  for  deposit to the credit of the state special revenue funds -
    45  other, HCRA transfer fund, medical assistance account, or any  successor
    46  fund  or  account,  for  purposes of providing distributions pursuant to
    47  paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
    48  section  twenty-eight  hundred  seven-c of this article from the tobacco
    49  control and insurance initiatives pool  established  for  the  following
    50  periods in the following amounts:
    51    (i)  eighteen  million dollars for the period January first, two thou-
    52  sand through December thirty-first, two thousand;
    53    (ii) twenty-four million dollars  annually  for  the  periods  January
    54  first, two thousand one through December thirty-first, two thousand two;
    55    (iii)  up to twenty-four million dollars for the period January first,
    56  two thousand three through December thirty-first, two thousand three;

        S. 7507--A                         50                         A. 9507--A
 
     1    (iv) up to twenty-four million dollars for the period  January  first,
     2  two thousand four through December thirty-first, two thousand four;
     3    (v)  up  to  twenty-four million dollars for the period January first,
     4  two thousand five through December thirty-first, two thousand five;
     5    (vi) up to twenty-four million dollars for the period  January  first,
     6  two thousand six through December thirty-first, two thousand six;
     7    (vii)  up to twenty-four million dollars for the period January first,
     8  two thousand seven through December thirty-first, two thousand seven;
     9    (viii) up to twenty-four million dollars for the period January first,
    10  two thousand eight through December thirty-first,  two  thousand  eight;
    11  and
    12    (ix)  up  to  twenty-two million dollars for the period January first,
    13  two thousand nine through November thirtieth, two thousand nine.
    14    (t) Funds shall be reserved and accumulated from year to year  by  the
    15  commissioner and shall be made available, including income from invested
    16  funds:
    17    (i)  For  the  purpose  of making grants to a state owned and operated
    18  medical school which does not have a state owned and  operated  hospital
    19  on  site  and  available for teaching purposes. Notwithstanding sections
    20  one hundred twelve and one hundred sixty-three of the state finance law,
    21  such grants shall be made in the amount of up to five  hundred  thousand
    22  dollars  for  the  period  January  first, two thousand through December
    23  thirty-first, two thousand;
    24    (ii) For the purpose of making grants to medical schools  pursuant  to
    25  section  eighty-six-a  of  chapter  one  of the laws of nineteen hundred
    26  ninety-nine in the sum of up to four  million  dollars  for  the  period
    27  January first, two thousand through December thirty-first, two thousand;
    28  and
    29    (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
    30  this paragraph from the tobacco control and insurance  initiatives  pool
    31  are  contingent upon meeting all funding amounts established pursuant to
    32  paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
    33  and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
    34  section twenty-eight hundred seven-j of  this  article,  and  paragraphs
    35  (a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
    36  seven-l of this article.
    37    (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
    38  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    39  directed to receive for deposit to  the  credit  of  the  state  special
    40  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    41  or any successor fund or account, for  purposes  of  funding  the  state
    42  share  of  services  and  expenses  related  to the nursing home quality
    43  improvement demonstration program established pursuant to section  twen-
    44  ty-eight  hundred  eight-d  of this article from the tobacco control and
    45  insurance initiatives pool established for the following periods in  the
    46  following amounts:
    47    (i)  up  to twenty-five million dollars for the period beginning April
    48  first, two thousand two and ending December thirty-first,  two  thousand
    49  two,  and  on  an  annualized  basis,  for each annual period thereafter
    50  beginning January first, two thousand three and ending December  thirty-
    51  first, two thousand four;
    52    (ii)  up  to eighteen million seven hundred fifty thousand dollars for
    53  the period January first, two thousand  five  through  December  thirty-
    54  first, two thousand five; and

        S. 7507--A                         51                         A. 9507--A
 
     1    (iii)  up  to  fifty-six million five hundred thousand dollars for the
     2  period January first, two thousand six  through  December  thirty-first,
     3  two thousand six.
     4    (v) Funds shall be transferred by the commissioner and shall be depos-
     5  ited  to the credit of the hospital excess liability pool created pursu-
     6  ant to section eighteen of chapter two hundred sixty-six of the laws  of
     7  nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
     8  purposes of expenses related to the purchase of excess medical  malprac-
     9  tice  insurance and the cost of administrating the pool, including costs
    10  associated with the risk  management  program  established  pursuant  to
    11  section  forty-two  of part A of chapter one of the laws of two thousand
    12  two required by paragraph (a) of subdivision one of section eighteen  of
    13  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
    14  as may be amended from time to time, from the tobacco control and insur-
    15  ance  initiatives  pool  established  for  the  following periods in the
    16  following amounts:
    17    (i) up to fifty million dollars or so much as is needed for the period
    18  January first, two thousand two through December thirty-first, two thou-
    19  sand two;
    20    (ii) up to seventy-six million seven hundred thousand dollars for  the
    21  period  January first, two thousand three through December thirty-first,
    22  two thousand three;
    23    (iii) up to sixty-five million dollars for the period  January  first,
    24  two thousand four through December thirty-first, two thousand four;
    25    (iv)  up  to  sixty-five million dollars for the period January first,
    26  two thousand five through December thirty-first, two thousand five;
    27    (v) up to one hundred thirteen million eight hundred thousand  dollars
    28  for  the period January first, two thousand six through December thirty-
    29  first, two thousand six;
    30    (vi) up to one hundred thirty million dollars for the  period  January
    31  first,  two  thousand  seven through December thirty-first, two thousand
    32  seven;
    33    (vii) up to one hundred thirty million dollars for the period  January
    34  first,  two  thousand  eight through December thirty-first, two thousand
    35  eight;
    36    (viii) up to one hundred thirty million dollars for the period January
    37  first, two thousand nine through  December  thirty-first,  two  thousand
    38  nine;
    39    (ix)  up  to one hundred thirty million dollars for the period January
    40  first, two thousand ten through December thirty-first, two thousand ten;
    41    (x) up to thirty-two million five hundred  thousand  dollars  for  the
    42  period  January  first,  two thousand eleven through March thirty-first,
    43  two thousand eleven;
    44    (xi) up to one hundred  twenty-seven  million  four  hundred  thousand
    45  dollars  each state fiscal year for the period April first, two thousand
    46  eleven through March thirty-first, two thousand fourteen;
    47    (xii) up to one hundred twenty-seven  million  four  hundred  thousand
    48  dollars  each state fiscal year for the period April first, two thousand
    49  fourteen through March thirty-first, two thousand seventeen; [and]
    50    (xiii) up to one hundred twenty-seven million  four  hundred  thousand
    51  dollars  each state fiscal year for the period April first, two thousand
    52  seventeen through March thirty-first, two thousand twenty; and
    53    (xiv) up to one hundred twenty-seven  million  four  hundred  thousand
    54  dollars  each state fiscal year for the period April first, two thousand
    55  twenty through March thirty-first, two thousand twenty-three.

        S. 7507--A                         52                         A. 9507--A
 
     1    (w) Funds shall be  deposited  by  the  commissioner,  within  amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed to receive for deposit to  the  credit  of  the  state  special
     4  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     5  or  any  successor  fund  or  account, for purposes of funding the state
     6  share of the treatment of breast and cervical cancer pursuant  to  para-
     7  graph  [(v)]  (d) of subdivision four of section three hundred sixty-six
     8  of the social services law,  from  the  tobacco  control  and  insurance
     9  initiatives  pool established for the following periods in the following
    10  amounts:
    11    (i) up to four hundred fifty thousand dollars for the  period  January
    12  first, two thousand two through December thirty-first, two thousand two;
    13    (ii)  up  to  two  million one hundred thousand dollars for the period
    14  January first, two thousand three  through  December  thirty-first,  two
    15  thousand three;
    16    (iii)  up  to  two million one hundred thousand dollars for the period
    17  January first, two thousand  four  through  December  thirty-first,  two
    18  thousand four;
    19    (iv)  up  to  two  million one hundred thousand dollars for the period
    20  January first, two thousand  five  through  December  thirty-first,  two
    21  thousand five;
    22    (v)  up  to  two  million  one hundred thousand dollars for the period
    23  January first, two thousand six through December thirty-first, two thou-
    24  sand six;
    25    (vi) up to two million one hundred thousand  dollars  for  the  period
    26  January  first,  two  thousand  seven through December thirty-first, two
    27  thousand seven;
    28    (vii) up to two million one hundred thousand dollars  for  the  period
    29  January  first,  two  thousand  eight through December thirty-first, two
    30  thousand eight;
    31    (viii) up to two million one hundred thousand dollars for  the  period
    32  January  first,  two  thousand  nine  through December thirty-first, two
    33  thousand nine;
    34    (ix) up to two million one hundred thousand  dollars  for  the  period
    35  January first, two thousand ten through December thirty-first, two thou-
    36  sand ten;
    37    (x)  up  to  five  hundred twenty-five thousand dollars for the period
    38  January first, two thousand eleven through March thirty-first, two thou-
    39  sand eleven;
    40    (xi) up to two million one hundred thousand dollars each state  fiscal
    41  year for the period April first, two thousand eleven through March thir-
    42  ty-first, two thousand fourteen;
    43    (xii) up to two million one hundred thousand dollars each state fiscal
    44  year  for  the  period  April first, two thousand fourteen through March
    45  thirty-first, two thousand seventeen; [and]
    46    (xiii) up to two million  one  hundred  thousand  dollars  each  state
    47  fiscal  year  for the period April first, two thousand seventeen through
    48  March thirty-first, two thousand twenty; and
    49    (xiv) up to two million one hundred thousand dollars each state fiscal
    50  year for the period April first, two thousand twenty through March thir-
    51  ty-first, two thousand twenty-three.
    52    (x) Funds shall be  deposited  by  the  commissioner,  within  amounts
    53  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    54  directed to receive for deposit to  the  credit  of  the  state  special
    55  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    56  or any successor fund or account, for  purposes  of  funding  the  state

        S. 7507--A                         53                         A. 9507--A
 
     1  share of the non-public general hospital rates increases for recruitment
     2  and retention of health care workers from the tobacco control and insur-
     3  ance  initiatives  pool  established  for  the  following periods in the
     4  following amounts:
     5    (i) twenty-seven million one hundred thousand dollars on an annualized
     6  basis  for  the  period January first, two thousand two through December
     7  thirty-first, two thousand two;
     8    (ii) fifty million eight hundred thousand  dollars  on  an  annualized
     9  basis  for the period January first, two thousand three through December
    10  thirty-first, two thousand three;
    11    (iii) sixty-nine million three hundred thousand dollars on an  annual-
    12  ized  basis  for  the  period  January  first, two thousand four through
    13  December thirty-first, two thousand four;
    14    (iv) sixty-nine million three hundred thousand dollars for the  period
    15  January  first,  two  thousand  five  through December thirty-first, two
    16  thousand five;
    17    (v) sixty-nine million three hundred thousand dollars for  the  period
    18  January first, two thousand six through December thirty-first, two thou-
    19  sand six;
    20    (vi)  sixty-five million three hundred thousand dollars for the period
    21  January first, two thousand seven  through  December  thirty-first,  two
    22  thousand seven;
    23    (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
    24  period January first, two thousand eight through December  thirty-first,
    25  two thousand eight; and
    26    (viii)  forty-eight  million seven hundred twenty-one thousand dollars
    27  for the period January first, two thousand nine through November thirti-
    28  eth, two thousand nine.
    29    (y) Funds shall be reserved and accumulated  from  year  to  year  and
    30  shall  be  available, including income from invested funds, for purposes
    31  of grants to public general hospitals for recruitment and  retention  of
    32  health  care  workers pursuant to paragraph (b) of subdivision thirty of
    33  section twenty-eight hundred seven-c of this article  from  the  tobacco
    34  control  and  insurance  initiatives  pool established for the following
    35  periods in the following amounts:
    36    (i) eighteen million five hundred thousand dollars  on  an  annualized
    37  basis  for  the  period January first, two thousand two through December
    38  thirty-first, two thousand two;
    39    (ii) thirty-seven million four hundred thousand dollars on an  annual-
    40  ized  basis  for  the  period  January first, two thousand three through
    41  December thirty-first, two thousand three;
    42    (iii) fifty-two million two hundred thousand dollars on an  annualized
    43  basis  for  the period January first, two thousand four through December
    44  thirty-first, two thousand four;
    45    (iv) fifty-two million two hundred thousand  dollars  for  the  period
    46  January  first,  two  thousand  five  through December thirty-first, two
    47  thousand five;
    48    (v) fifty-two million two hundred  thousand  dollars  for  the  period
    49  January first, two thousand six through December thirty-first, two thou-
    50  sand six;
    51    (vi)  forty-nine  million  dollars  for  the period January first, two
    52  thousand seven through December thirty-first, two thousand seven;
    53    (vii) forty-nine million dollars for the  period  January  first,  two
    54  thousand eight through December thirty-first, two thousand eight; and

        S. 7507--A                         54                         A. 9507--A
 
     1    (viii) twelve million two hundred fifty thousand dollars for the peri-
     2  od  January  first,  two  thousand  nine through March thirty-first, two
     3  thousand nine.
     4    Provided,  however,  amounts pursuant to this paragraph may be reduced
     5  in an amount to be approved by the director of  the  budget  to  reflect
     6  amounts  received  from  the  federal  government under the state's 1115
     7  waiver which are directed under its terms and conditions to  the  health
     8  workforce recruitment and retention program.
     9    (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
    10  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    11  directed  to  receive  for  deposit  to  the credit of the state special
    12  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    13  or  any  successor  fund  or  account, for purposes of funding the state
    14  share of the non-public residential health care facility rate  increases
    15  for  recruitment  and retention of health care workers pursuant to para-
    16  graph (a) of subdivision eighteen of section twenty-eight hundred  eight
    17  of  this article from the tobacco control and insurance initiatives pool
    18  established for the following periods in the following amounts:
    19    (i) twenty-one million five hundred thousand dollars on an  annualized
    20  basis  for  the  period January first, two thousand two through December
    21  thirty-first, two thousand two;
    22    (ii) thirty-three million three hundred thousand dollars on an annual-
    23  ized basis for the period January  first,  two  thousand  three  through
    24  December thirty-first, two thousand three;
    25    (iii)  forty-six  million three hundred thousand dollars on an annual-
    26  ized basis for the period  January  first,  two  thousand  four  through
    27  December thirty-first, two thousand four;
    28    (iv)  forty-six  million three hundred thousand dollars for the period
    29  January first, two thousand  five  through  December  thirty-first,  two
    30  thousand five;
    31    (v)  forty-six  million  three hundred thousand dollars for the period
    32  January first, two thousand six through December thirty-first, two thou-
    33  sand six;
    34    (vi) thirty million nine hundred thousand dollars for the period Janu-
    35  ary first, two thousand seven through December thirty-first,  two  thou-
    36  sand seven;
    37    (vii) twenty-four million seven hundred thousand dollars for the peri-
    38  od  January first, two thousand eight through December thirty-first, two
    39  thousand eight;
    40    (viii) twelve million three hundred seventy-five thousand dollars  for
    41  the  period  January  first,  two thousand nine through December thirty-
    42  first, two thousand nine;
    43    (ix) nine million three hundred thousand dollars for the period  Janu-
    44  ary  first, two thousand ten through December thirty-first, two thousand
    45  ten; and
    46    (x) two million three hundred twenty-five  thousand  dollars  for  the
    47  period  January  first,  two thousand eleven through March thirty-first,
    48  two thousand eleven.
    49    (aa) Funds shall be reserved and accumulated from  year  to  year  and
    50  shall  be  available, including income from invested funds, for purposes
    51  of grants to public residential health care facilities  for  recruitment
    52  and retention of health care workers pursuant to paragraph (b) of subdi-
    53  vision  eighteen  of  section twenty-eight hundred eight of this article
    54  from the tobacco control and insurance initiatives pool established  for
    55  the following periods in the following amounts:

        S. 7507--A                         55                         A. 9507--A
 
     1    (i) seven million five hundred thousand dollars on an annualized basis
     2  for  the period January first, two thousand two through December thirty-
     3  first, two thousand two;
     4    (ii)  eleven  million  seven hundred thousand dollars on an annualized
     5  basis for the period January first, two thousand three through  December
     6  thirty-first, two thousand three;
     7    (iii)  sixteen  million  two hundred thousand dollars on an annualized
     8  basis for the period January first, two thousand four  through  December
     9  thirty-first, two thousand four;
    10    (iv) sixteen million two hundred thousand dollars for the period Janu-
    11  ary first, two thousand five through December thirty-first, two thousand
    12  five;
    13    (v)  sixteen million two hundred thousand dollars for the period Janu-
    14  ary first, two thousand six through December thirty-first, two  thousand
    15  six;
    16    (vi) ten million eight hundred thousand dollars for the period January
    17  first,  two  thousand  seven through December thirty-first, two thousand
    18  seven;
    19    (vii) six million seven hundred fifty thousand dollars for the  period
    20  January  first,  two  thousand  eight through December thirty-first, two
    21  thousand eight; and
    22    (viii) one million three hundred fifty thousand dollars for the period
    23  January first, two thousand  nine  through  December  thirty-first,  two
    24  thousand nine.
    25    (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
    26  appropriated, and subject  to  the  availability  of  federal  financial
    27  participation,  and  the  state  comptroller  is  hereby  authorized and
    28  directed to receive for deposit to  the  credit  of  the  state  special
    29  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    30  or any successor fund or account, for  the  purpose  of  supporting  the
    31  state  share  of  adjustments  to Medicaid rates of payment for personal
    32  care services provided pursuant to paragraph (e) of subdivision  two  of
    33  section three hundred sixty-five-a of the social services law, for local
    34  social  service districts which include a city with a population of over
    35  one million persons and computed  and  distributed  in  accordance  with
    36  memorandums of understanding to be entered into between the state of New
    37  York and such local social service districts for the purpose of support-
    38  ing  the  recruitment  and retention of personal care service workers or
    39  any worker with direct patient care  responsibility,  from  the  tobacco
    40  control  and  insurance  initiatives  pool established for the following
    41  periods and the following amounts:
    42    (A) forty-four million dollars, on an annualized basis, for the period
    43  April first, two thousand two through December thirty-first,  two  thou-
    44  sand two;
    45    (B)  seventy-four  million  dollars,  on  an annualized basis, for the
    46  period January first, two thousand three through December  thirty-first,
    47  two thousand three;
    48    (C)  one hundred four million dollars, on an annualized basis, for the
    49  period January first, two thousand four through  December  thirty-first,
    50  two thousand four;
    51    (D)  one  hundred  thirty-six million dollars, on an annualized basis,
    52  for the period January first, two thousand five through  December  thir-
    53  ty-first, two thousand five;
    54    (E)  one  hundred  thirty-six million dollars, on an annualized basis,
    55  for the period January first, two thousand six through December  thirty-
    56  first, two thousand six;

        S. 7507--A                         56                         A. 9507--A
 
     1    (F)  one  hundred  thirty-six  million  dollars for the period January
     2  first, two thousand seven through December  thirty-first,  two  thousand
     3  seven;
     4    (G)  one  hundred  thirty-six  million  dollars for the period January
     5  first, two thousand eight through December  thirty-first,  two  thousand
     6  eight;
     7    (H)  one  hundred  thirty-six  million  dollars for the period January
     8  first, two thousand nine through  December  thirty-first,  two  thousand
     9  nine;
    10    (I)  one  hundred  thirty-six  million  dollars for the period January
    11  first, two thousand ten through December thirty-first, two thousand ten;
    12    (J) thirty-four million dollars for  the  period  January  first,  two
    13  thousand eleven through March thirty-first, two thousand eleven;
    14    (K)  up  to  one  hundred thirty-six million dollars each state fiscal
    15  year for the period April first, two thousand eleven through March thir-
    16  ty-first, two thousand fourteen;
    17    (L) up to one hundred thirty-six million  dollars  each  state  fiscal
    18  year  for  the  period March thirty-first, two thousand fourteen through
    19  April first, two thousand seventeen; [and]
    20    (M) up to one hundred thirty-six million  dollars  each  state  fiscal
    21  year  for  the  period April first, two thousand seventeen through March
    22  thirty-first, two thousand twenty; and
    23    (N) up to one hundred thirty-six million  dollars  each  state  fiscal
    24  year for the period April first, two thousand twenty through March thir-
    25  ty-first, two thousand twenty-three.
    26    (ii)  Adjustments  to  Medicaid  rates made pursuant to this paragraph
    27  shall not, in aggregate, exceed the following amounts for the  following
    28  periods:
    29    (A)  for  the  period  April  first, two thousand two through December
    30  thirty-first, two thousand two, one hundred ten million dollars;
    31    (B) for the period January first, two thousand three through  December
    32  thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
    33  dollars;
    34    (C) for the period January first, two thousand four  through  December
    35  thirty-first, two thousand four, two hundred sixty million dollars;
    36    (D)  for  the period January first, two thousand five through December
    37  thirty-first, two thousand five, three hundred forty million dollars;
    38    (E) for the period January first, two thousand  six  through  December
    39  thirty-first, two thousand six, three hundred forty million dollars;
    40    (F)  for the period January first, two thousand seven through December
    41  thirty-first, two thousand seven, three hundred forty million dollars;
    42    (G) for the period January first, two thousand eight through  December
    43  thirty-first, two thousand eight, three hundred forty million dollars;
    44    (H)  for  the period January first, two thousand nine through December
    45  thirty-first, two thousand nine, three hundred forty million dollars;
    46    (I) for the period January first, two thousand  ten  through  December
    47  thirty-first, two thousand ten, three hundred forty million dollars;
    48    (J)  for  the  period January first, two thousand eleven through March
    49  thirty-first, two thousand eleven, eighty-five million dollars;
    50    (K) for each state fiscal year within  the  period  April  first,  two
    51  thousand eleven through March thirty-first, two thousand fourteen, three
    52  hundred forty million dollars;
    53    (L)  for  each  state  fiscal  year within the period April first, two
    54  thousand fourteen through March thirty-first,  two  thousand  seventeen,
    55  three hundred forty million dollars; [and]

        S. 7507--A                         57                         A. 9507--A
 
     1    (M)  for  each  state  fiscal  year within the period April first, two
     2  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
     3  three hundred forty million dollars; and
     4    (N)  for  each  state  fiscal  year within the period April first, two
     5  thousand twenty through March thirty-first, two  thousand  twenty-three,
     6  three hundred forty million dollars.
     7    (iii)  Personal care service providers which have their rates adjusted
     8  pursuant to this paragraph shall use  such  funds  for  the  purpose  of
     9  recruitment  and  retention  of  non-supervisory  personal care services
    10  workers or any worker with direct patient care responsibility  only  and
    11  are  prohibited  from  using such funds for any other purpose. Each such
    12  personal care services provider shall submit, at a time and in a  manner
    13  to  be determined by the commissioner, a written certification attesting
    14  that such funds will be used solely for the purpose of  recruitment  and
    15  retention of non-supervisory personal care services workers or any work-
    16  er  with direct patient care responsibility. The commissioner is author-
    17  ized to audit each such provider to ensure compliance with  the  written
    18  certification  required  by  this subdivision and shall recoup any funds
    19  determined to have been used for purposes  other  than  recruitment  and
    20  retention of non-supervisory personal care services workers or any work-
    21  er  with direct patient care responsibility. Such recoupment shall be in
    22  addition to any other penalties provided by law.
    23    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
    24  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    25  directed to receive for deposit to  the  credit  of  the  state  special
    26  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    27  or any successor fund or account, for  the  purpose  of  supporting  the
    28  state  share  of  adjustments  to Medicaid rates of payment for personal
    29  care services provided pursuant to paragraph (e) of subdivision  two  of
    30  section three hundred sixty-five-a of the social services law, for local
    31  social  service  districts  which  shall not include a city with a popu-
    32  lation of over one million persons for the  purpose  of  supporting  the
    33  personal  care  services  worker  recruitment  and  retention program as
    34  established pursuant to  section  three  hundred  sixty-seven-q  of  the
    35  social  services law, from the tobacco control and insurance initiatives
    36  pool established for the following periods and the following amounts:
    37    (i) two million eight hundred thousand dollars for  the  period  April
    38  first, two thousand two through December thirty-first, two thousand two;
    39    (ii)  five  million  six  hundred  thousand  dollars, on an annualized
    40  basis, for the period January first, two thousand three through December
    41  thirty-first, two thousand three;
    42    (iii) eight million four hundred thousand dollars,  on  an  annualized
    43  basis,  for the period January first, two thousand four through December
    44  thirty-first, two thousand four;
    45    (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
    46  basis,  for the period January first, two thousand five through December
    47  thirty-first, two thousand five;
    48    (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
    49  basis,  for  the period January first, two thousand six through December
    50  thirty-first, two thousand six;
    51    (vi) eleven million two hundred thousand dollars for the period  Janu-
    52  ary  first,  two thousand seven through December thirty-first, two thou-
    53  sand seven;
    54    (vii) eleven million two hundred thousand dollars for the period Janu-
    55  ary first, two thousand eight through December thirty-first,  two  thou-
    56  sand eight;

        S. 7507--A                         58                         A. 9507--A
 
     1    (viii)  eleven  million  two  hundred  thousand dollars for the period
     2  January first, two thousand  nine  through  December  thirty-first,  two
     3  thousand nine;
     4    (ix)  eleven million two hundred thousand dollars for the period Janu-
     5  ary first, two thousand ten through December thirty-first, two  thousand
     6  ten;
     7    (x)  two million eight hundred thousand dollars for the period January
     8  first, two thousand eleven  through  March  thirty-first,  two  thousand
     9  eleven;
    10    (xi)  up  to  eleven  million  two hundred thousand dollars each state
    11  fiscal year for the period April  first,  two  thousand  eleven  through
    12  March thirty-first, two thousand fourteen;
    13    (xii)  up  to  eleven  million two hundred thousand dollars each state
    14  fiscal year for the period April first, two  thousand  fourteen  through
    15  March thirty-first, two thousand seventeen; [and]
    16    (xiii)  up  to  eleven million two hundred thousand dollars each state
    17  fiscal year for the period April first, two thousand  seventeen  through
    18  March thirty-first, two thousand twenty; and
    19    (xiv)  up  to  eleven  million two hundred thousand dollars each state
    20  fiscal year for the period April  first,  two  thousand  twenty  through
    21  March thirty-first, two thousand twenty-three.
    22    (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
    23  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    24  directed  to  receive  for  deposit  to  the credit of the state special
    25  revenue fund - other, HCRA transfer fund, medical assistance account, or
    26  any successor fund or account, for purposes of funding the  state  share
    27  of Medicaid expenditures for physician services from the tobacco control
    28  and  insurance initiatives pool established for the following periods in
    29  the following amounts:
    30    (i) up to fifty-two million dollars for the period January first,  two
    31  thousand two through December thirty-first, two thousand two;
    32    (ii)  eighty-one  million  two hundred thousand dollars for the period
    33  January first, two thousand three  through  December  thirty-first,  two
    34  thousand three;
    35    (iii)  eighty-five million two hundred thousand dollars for the period
    36  January first, two thousand  four  through  December  thirty-first,  two
    37  thousand four;
    38    (iv)  eighty-five  million two hundred thousand dollars for the period
    39  January first, two thousand  five  through  December  thirty-first,  two
    40  thousand five;
    41    (v)  eighty-five  million  two hundred thousand dollars for the period
    42  January first, two thousand six through December thirty-first, two thou-
    43  sand six;
    44    (vi) eighty-five million two hundred thousand dollars for  the  period
    45  January  first,  two  thousand  seven through December thirty-first, two
    46  thousand seven;
    47    (vii) eighty-five million two hundred thousand dollars for the  period
    48  January  first,  two  thousand  eight through December thirty-first, two
    49  thousand eight;
    50    (viii) eighty-five million two hundred thousand dollars for the period
    51  January first, two thousand  nine  through  December  thirty-first,  two
    52  thousand nine;
    53    (ix)  eighty-five  million two hundred thousand dollars for the period
    54  January first, two thousand ten through December thirty-first, two thou-
    55  sand ten;

        S. 7507--A                         59                         A. 9507--A

     1    (x) twenty-one million three hundred thousand dollars for  the  period
     2  January first, two thousand eleven through March thirty-first, two thou-
     3  sand eleven; and
     4    (xi)  eighty-five  million  two  hundred  thousand  dollars each state
     5  fiscal year for the period April  first,  two  thousand  eleven  through
     6  March thirty-first, two thousand fourteen.
     7    (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed  to  receive  for  deposit  to  the credit of the state special
    10  revenue fund - other, HCRA transfer fund, medical assistance account, or
    11  any successor fund or account, for purposes of funding the  state  share
    12  of  the free-standing diagnostic and treatment center rate increases for
    13  recruitment and retention of health care workers pursuant to subdivision
    14  seventeen of section twenty-eight hundred seven of this article from the
    15  tobacco control and  insurance  initiatives  pool  established  for  the
    16  following periods in the following amounts:
    17    (i)  three  million  two hundred fifty thousand dollars for the period
    18  April first, two thousand two through December thirty-first,  two  thou-
    19  sand two;
    20    (ii) three million two hundred fifty thousand dollars on an annualized
    21  basis  for the period January first, two thousand three through December
    22  thirty-first, two thousand three;
    23    (iii) three million two hundred fifty thousand dollars on  an  annual-
    24  ized  basis  for  the  period  January  first, two thousand four through
    25  December thirty-first, two thousand four;
    26    (iv) three million two hundred fifty thousand dollars for  the  period
    27  January  first,  two  thousand  five  through December thirty-first, two
    28  thousand five;
    29    (v) three million two hundred fifty thousand dollars  for  the  period
    30  January first, two thousand six through December thirty-first, two thou-
    31  sand six;
    32    (vi)  three  million two hundred fifty thousand dollars for the period
    33  January first, two thousand seven  through  December  thirty-first,  two
    34  thousand seven;
    35    (vii) three million four hundred thirty-eight thousand dollars for the
    36  period  January first, two thousand eight through December thirty-first,
    37  two thousand eight;
    38    (viii) two million four hundred fifty thousand dollars for the  period
    39  January  first,  two  thousand  nine  through December thirty-first, two
    40  thousand nine;
    41    (ix) one million five hundred thousand dollars for the period  January
    42  first, two thousand ten through December thirty-first, two thousand ten;
    43  and
    44    (x)  three hundred twenty-five thousand dollars for the period January
    45  first, two thousand eleven  through  March  thirty-first,  two  thousand
    46  eleven.
    47    (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed  to  receive  for  deposit  to  the credit of the state special
    50  revenue fund - other, HCRA transfer fund, medical assistance account, or
    51  any successor fund or account, for purposes of funding the  state  share
    52  of  Medicaid expenditures for disabled persons as authorized pursuant to
    53  former subparagraphs twelve and thirteen of paragraph (a) of subdivision
    54  one of section three hundred sixty-six of the social services  law  from
    55  the  tobacco  control and insurance initiatives pool established for the
    56  following periods in the following amounts:

        S. 7507--A                         60                         A. 9507--A

     1    (i) one million eight hundred thousand dollars for  the  period  April
     2  first, two thousand two through December thirty-first, two thousand two;
     3    (ii)  sixteen  million  four hundred thousand dollars on an annualized
     4  basis for the period January first, two thousand three through  December
     5  thirty-first, two thousand three;
     6    (iii) eighteen million seven hundred thousand dollars on an annualized
     7  basis  for  the period January first, two thousand four through December
     8  thirty-first, two thousand four;
     9    (iv) thirty million six hundred thousand dollars for the period  Janu-
    10  ary first, two thousand five through December thirty-first, two thousand
    11  five;
    12    (v) thirty million six hundred thousand dollars for the period January
    13  first, two thousand six through December thirty-first, two thousand six;
    14    (vi)  thirty million six hundred thousand dollars for the period Janu-
    15  ary first, two thousand seven through December thirty-first,  two  thou-
    16  sand seven;
    17    (vii)  fifteen million dollars for the period January first, two thou-
    18  sand eight through December thirty-first, two thousand eight;
    19    (viii) fifteen million dollars for the period January first, two thou-
    20  sand nine through December thirty-first, two thousand nine;
    21    (ix) fifteen million dollars for the period January first,  two  thou-
    22  sand ten through December thirty-first, two thousand ten;
    23    (x)  three million seven hundred fifty thousand dollars for the period
    24  January first, two thousand eleven through March thirty-first, two thou-
    25  sand eleven;
    26    (xi) fifteen million dollars each state fiscal  year  for  the  period
    27  April  first,  two thousand eleven through March thirty-first, two thou-
    28  sand fourteen;
    29    (xii) fifteen million dollars each state fiscal year  for  the  period
    30  April first, two thousand fourteen through March thirty-first, two thou-
    31  sand seventeen; [and]
    32    (xiii)  fifteen  million dollars each state fiscal year for the period
    33  April first, two thousand  seventeen  through  March  thirty-first,  two
    34  thousand twenty; and
    35    (xiv)  fifteen  million  dollars each state fiscal year for the period
    36  April first, two thousand twenty through March thirty-first,  two  thou-
    37  sand twenty-three.
    38    (gg)  Funds  shall  be  reserved and accumulated from year to year and
    39  shall be available, including income from invested funds,  for  purposes
    40  of  grants  to non-public general hospitals pursuant to paragraph (c) of
    41  subdivision thirty of section twenty-eight hundred seven-c of this arti-
    42  cle from the tobacco control and insurance initiatives pool  established
    43  for the following periods in the following amounts:
    44    (i)  up to one million three hundred thousand dollars on an annualized
    45  basis for the period January first, two thousand  two  through  December
    46  thirty-first, two thousand two;
    47    (ii) up to three million two hundred thousand dollars on an annualized
    48  basis  for the period January first, two thousand three through December
    49  thirty-first, two thousand three;
    50    (iii) up to five million six hundred thousand dollars on an annualized
    51  basis for the period January first, two thousand four  through  December
    52  thirty-first, two thousand four;
    53    (iv)  up  to eight million six hundred thousand dollars for the period
    54  January first, two thousand  five  through  December  thirty-first,  two
    55  thousand five;

        S. 7507--A                         61                         A. 9507--A

     1    (v)  up to eight million six hundred thousand dollars on an annualized
     2  basis for the period January first, two thousand  six  through  December
     3  thirty-first, two thousand six;
     4    (vi)  up  to  two  million six hundred thousand dollars for the period
     5  January first, two thousand seven  through  December  thirty-first,  two
     6  thousand seven;
     7    (vii)  up  to  two million six hundred thousand dollars for the period
     8  January first, two thousand eight  through  December  thirty-first,  two
     9  thousand eight;
    10    (viii)  up  to two million six hundred thousand dollars for the period
    11  January first, two thousand  nine  through  December  thirty-first,  two
    12  thousand nine;
    13    (ix)  up  to  two  million six hundred thousand dollars for the period
    14  January first, two thousand ten through December thirty-first, two thou-
    15  sand ten; and
    16    (x) up to six hundred fifty thousand dollars for  the  period  January
    17  first,  two  thousand  eleven  through  March thirty-first, two thousand
    18  eleven.
    19    (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed to receive for deposit to the credit  of  the  special  revenue
    22  fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
    23  purposes of providing financial assistance to  residential  health  care
    24  facilities  pursuant  to subdivisions nineteen and twenty-one of section
    25  twenty-eight hundred eight of this article, from the tobacco control and
    26  insurance initiatives pool established for the following periods in  the
    27  following amounts:
    28    (i)  for  the  period  April  first, two thousand two through December
    29  thirty-first, two thousand two, ten million dollars;
    30    (ii) for the period January first, two thousand three through December
    31  thirty-first, two thousand three, nine million four hundred fifty  thou-
    32  sand dollars;
    33    (iii) for the period January first, two thousand four through December
    34  thirty-first,  two thousand four, nine million three hundred fifty thou-
    35  sand dollars;
    36    (iv) up to fifteen million dollars for the period January  first,  two
    37  thousand five through December thirty-first, two thousand five;
    38    (v)  up  to  fifteen million dollars for the period January first, two
    39  thousand six through December thirty-first, two thousand six;
    40    (vi) up to fifteen million dollars for the period January  first,  two
    41  thousand seven through December thirty-first, two thousand seven;
    42    (vii)  up to fifteen million dollars for the period January first, two
    43  thousand eight through December thirty-first, two thousand eight;
    44    (viii) up to fifteen million dollars for the period January first, two
    45  thousand nine through December thirty-first, two thousand nine;
    46    (ix) up to fifteen million dollars for the period January  first,  two
    47  thousand ten through December thirty-first, two thousand ten;
    48    (x)  up  to three million seven hundred fifty thousand dollars for the
    49  period January first, two thousand eleven  through  March  thirty-first,
    50  two thousand eleven; and
    51    (xi)  fifteen  million  dollars  each state fiscal year for the period
    52  April first, two thousand eleven through March thirty-first,  two  thou-
    53  sand fourteen.
    54    (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed  to  receive  for  deposit  to  the credit of the state special

        S. 7507--A                         62                         A. 9507--A
 
     1  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     2  or  any  successor  fund  or  account, for the purpose of supporting the
     3  state share of Medicaid expenditures for disabled persons as  authorized
     4  by sections 1619 (a) and (b) of the federal social security act pursuant
     5  to  the  tobacco  control and insurance initiatives pool established for
     6  the following periods in the following amounts:
     7    (i) six million four hundred thousand dollars  for  the  period  April
     8  first, two thousand two through December thirty-first, two thousand two;
     9    (ii) eight million five hundred thousand dollars, for the period Janu-
    10  ary  first,  two thousand three through December thirty-first, two thou-
    11  sand three;
    12    (iii) eight million five hundred thousand dollars for the period Janu-
    13  ary first, two thousand four through December thirty-first, two thousand
    14  four;
    15    (iv) eight million five hundred thousand dollars for the period  Janu-
    16  ary first, two thousand five through December thirty-first, two thousand
    17  five;
    18    (v) eight million five hundred thousand dollars for the period January
    19  first, two thousand six through December thirty-first, two thousand six;
    20    (vi) eight million six hundred thousand dollars for the period January
    21  first,  two  thousand  seven through December thirty-first, two thousand
    22  seven;
    23    (vii) eight million five hundred thousand dollars for the period Janu-
    24  ary first, two thousand eight through December thirty-first,  two  thou-
    25  sand eight;
    26    (viii)  eight  million  five  hundred  thousand dollars for the period
    27  January first, two thousand  nine  through  December  thirty-first,  two
    28  thousand nine;
    29    (ix)  eight million five hundred thousand dollars for the period Janu-
    30  ary first, two thousand ten through December thirty-first, two  thousand
    31  ten;
    32    (x) two million one hundred twenty-five thousand dollars for the peri-
    33  od  January  first,  two thousand eleven through March thirty-first, two
    34  thousand eleven;
    35    (xi) eight million five hundred thousand  dollars  each  state  fiscal
    36  year for the period April first, two thousand eleven through March thir-
    37  ty-first, two thousand fourteen;
    38    (xii)  eight  million  five hundred thousand dollars each state fiscal
    39  year for the period April first, two  thousand  fourteen  through  March
    40  thirty-first, two thousand seventeen; [and]
    41    (xiii)  eight  million five hundred thousand dollars each state fiscal
    42  year for the period April first, two thousand  seventeen  through  March
    43  thirty-first, two thousand twenty; and
    44    (xiv)  eight  million  five hundred thousand dollars each state fiscal
    45  year for the period April first, two thousand twenty through March thir-
    46  ty-first, two thousand twenty-three.
    47    (jj) Funds shall be reserved and accumulated from  year  to  year  and
    48  shall  be  available,  including  income  from  invested  funds, for the
    49  purposes of a grant program to improve access to  infertility  services,
    50  treatments and procedures, from the tobacco control and insurance initi-
    51  atives  pool  established for the period January first, two thousand two
    52  through December thirty-first, two thousand two in the  amount  of  nine
    53  million  one hundred seventy-five thousand dollars, for the period April
    54  first, two thousand six through March thirty-first, two  thousand  seven
    55  in  the  amount of five million dollars, for the period April first, two
    56  thousand seven through March thirty-first, two  thousand  eight  in  the

        S. 7507--A                         63                         A. 9507--A
 
     1  amount of five million dollars, for the period April first, two thousand
     2  eight  through  March  thirty-first,  two thousand nine in the amount of
     3  five million dollars, and for the period April first, two thousand  nine
     4  through  March  thirty-first,  two  thousand  ten  in the amount of five
     5  million dollars, for the period April first, two  thousand  ten  through
     6  March thirty-first, two thousand eleven in the amount of two million two
     7  hundred  thousand  dollars, and for the period April first, two thousand
     8  eleven through March thirty-first, two thousand twelve up to one million
     9  one hundred thousand dollars.
    10    (kk) Funds shall be deposited  by  the  commissioner,  within  amounts
    11  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    12  directed to receive for deposit to  the  credit  of  the  state  special
    13  revenue  funds -- other, HCRA transfer fund, medical assistance account,
    14  or any successor fund or account, for  purposes  of  funding  the  state
    15  share  of  Medical  Assistance  Program  expenditures  from  the tobacco
    16  control and insurance initiatives pool  established  for  the  following
    17  periods in the following amounts:
    18    (i) thirty-eight million eight hundred thousand dollars for the period
    19  January first, two thousand two through December thirty-first, two thou-
    20  sand two;
    21    (ii)  up  to  two  hundred  ninety-five million dollars for the period
    22  January first, two thousand three  through  December  thirty-first,  two
    23  thousand three;
    24    (iii)  up  to  four hundred seventy-two million dollars for the period
    25  January first, two thousand  four  through  December  thirty-first,  two
    26  thousand four;
    27    (iv)  up to nine hundred million dollars for the period January first,
    28  two thousand five through December thirty-first, two thousand five;
    29    (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
    30  dollars  for the period January first, two thousand six through December
    31  thirty-first, two thousand six;
    32    (vi) up to six hundred sixteen million seven hundred thousand  dollars
    33  for  the period January first, two thousand seven through December thir-
    34  ty-first, two thousand seven;
    35    (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
    36  five  thousand  dollars for the period January first, two thousand eight
    37  through December thirty-first, two thousand eight; and
    38    (viii) within amounts appropriated on and  after  January  first,  two
    39  thousand nine.
    40    (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed  to  receive  for  deposit  to  the credit of the state special
    43  revenue funds -- other, HCRA transfer fund, medical assistance  account,
    44  or  any  successor  fund  or  account, for purposes of funding the state
    45  share of Medicaid expenditures related to the city of New York from  the
    46  tobacco  control  and  insurance  initiatives  pool  established for the
    47  following periods in the following amounts:
    48    (i) eighty-two million seven hundred thousand dollars for  the  period
    49  January first, two thousand two through December thirty-first, two thou-
    50  sand two;
    51    (ii)  one hundred twenty-four million six hundred thousand dollars for
    52  the period January first, two thousand three  through  December  thirty-
    53  first, two thousand three;
    54    (iii)  one  hundred twenty-four million seven hundred thousand dollars
    55  for the period January first, two thousand four through  December  thir-
    56  ty-first, two thousand four;

        S. 7507--A                         64                         A. 9507--A
 
     1    (iv)  one  hundred  twenty-four million seven hundred thousand dollars
     2  for the period January first, two thousand five through  December  thir-
     3  ty-first, two thousand five;
     4    (v) one hundred twenty-four million seven hundred thousand dollars for
     5  the  period  January  first,  two  thousand six through December thirty-
     6  first, two thousand six;
     7    (vi) one hundred twenty-four million seven  hundred  thousand  dollars
     8  for  the period January first, two thousand seven through December thir-
     9  ty-first, two thousand seven;
    10    (vii) one hundred twenty-four million seven hundred  thousand  dollars
    11  for  the period January first, two thousand eight through December thir-
    12  ty-first, two thousand eight;
    13    (viii) one hundred twenty-four million seven hundred thousand  dollars
    14  for  the  period January first, two thousand nine through December thir-
    15  ty-first, two thousand nine;
    16    (ix) one hundred twenty-four million seven  hundred  thousand  dollars
    17  for  the period January first, two thousand ten through December thirty-
    18  first, two thousand ten;
    19    (x) thirty-one million one hundred seventy-five thousand  dollars  for
    20  the  period  January  first,  two  thousand eleven through March thirty-
    21  first, two thousand eleven; and
    22    (xi) one hundred twenty-four million seven  hundred  thousand  dollars
    23  each  state  fiscal year for the period April first, two thousand eleven
    24  through March thirty-first, two thousand fourteen.
    25    (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
    26  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    27  directed to receive for deposit to  the  credit  of  the  state  special
    28  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    29  or any successor fund or account,  for  purposes  of  funding  specified
    30  percentages  of  the state share of services and expenses related to the
    31  family health plus program in accordance with the following schedule:
    32    (i) (A) for the period  January  first,  two  thousand  three  through
    33  December  thirty-first,  two  thousand  four, one hundred percent of the
    34  state share;
    35    (B) for the period January first, two thousand five  through  December
    36  thirty-first,  two  thousand  five,  seventy-five  percent  of the state
    37  share; and
    38    (C) for periods beginning on and after  January  first,  two  thousand
    39  six, fifty percent of the state share.
    40    (ii)  Funding  for  the  family health plus program will include up to
    41  five million dollars annually for the period January first, two thousand
    42  three through December  thirty-first,  two  thousand  six,  up  to  five
    43  million dollars for the period January first, two thousand seven through
    44  December  thirty-first,  two  thousand  seven,  up  to seven million two
    45  hundred thousand dollars for the  period  January  first,  two  thousand
    46  eight  through  December  thirty-first,  two thousand eight, up to seven
    47  million two hundred thousand dollars for the period January  first,  two
    48  thousand  nine  through  December thirty-first, two thousand nine, up to
    49  seven million two hundred thousand dollars for the period January first,
    50  two thousand ten through December thirty-first, two thousand ten, up  to
    51  one million eight hundred thousand dollars for the period January first,
    52  two  thousand eleven through March thirty-first, two thousand eleven, up
    53  to six million forty-nine thousand dollars for the period  April  first,
    54  two  thousand eleven through March thirty-first, two thousand twelve, up
    55  to six million two hundred eighty-nine thousand dollars for  the  period
    56  April  first,  two thousand twelve through March thirty-first, two thou-

        S. 7507--A                         65                         A. 9507--A
 
     1  sand thirteen, and up to six million  four  hundred  sixty-one  thousand
     2  dollars  for the period April first, two thousand thirteen through March
     3  thirty-first, two thousand fourteen, for  administration  and  marketing
     4  costs  associated  with such program established pursuant to clauses (A)
     5  and (B) of subparagraph (v) of  paragraph  (a)  of  subdivision  two  of
     6  section  three hundred sixty-nine-ee of the social services law from the
     7  tobacco control and  insurance  initiatives  pool  established  for  the
     8  following periods in the following amounts:
     9    (A)  one  hundred  ninety million six hundred thousand dollars for the
    10  period January first, two thousand three through December  thirty-first,
    11  two thousand three;
    12    (B)  three hundred seventy-four million dollars for the period January
    13  first, two thousand four through  December  thirty-first,  two  thousand
    14  four;
    15    (C)  five  hundred  thirty-eight million four hundred thousand dollars
    16  for the period January first, two thousand five through  December  thir-
    17  ty-first, two thousand five;
    18    (D) three hundred eighteen million seven hundred seventy-five thousand
    19  dollars  for the period January first, two thousand six through December
    20  thirty-first, two thousand six;
    21    (E) four hundred eighty-two million eight hundred thousand dollars for
    22  the period January first, two thousand seven  through  December  thirty-
    23  first, two thousand seven;
    24    (F)  five hundred seventy million twenty-five thousand dollars for the
    25  period January first, two thousand eight through December  thirty-first,
    26  two thousand eight;
    27    (G) six hundred ten million seven hundred twenty-five thousand dollars
    28  for  the  period January first, two thousand nine through December thir-
    29  ty-first, two thousand nine;
    30    (H) six hundred twenty-seven million two hundred seventy-five thousand
    31  dollars for the period January first, two thousand ten through  December
    32  thirty-first, two thousand ten;
    33    (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
    34  sand dollars for the period January first, two thousand  eleven  through
    35  March thirty-first, two thousand eleven;
    36    (J) six hundred twenty-eight million four hundred thousand dollars for
    37  the  period April first, two thousand eleven through March thirty-first,
    38  two thousand twelve;
    39    (K) six hundred fifty million four hundred thousand  dollars  for  the
    40  period  April first, two thousand twelve through March thirty-first, two
    41  thousand thirteen;
    42    (L) six hundred fifty million four hundred thousand  dollars  for  the
    43  period  April  first,  two thousand thirteen through March thirty-first,
    44  two thousand fourteen; and
    45    (M) up to three hundred ten million five hundred ninety-five  thousand
    46  dollars  for the period April first, two thousand fourteen through March
    47  thirty-first, two thousand fifteen.
    48    (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
    49  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    50  directed to receive for deposit to  the  credit  of  the  state  special
    51  revenue  fund - other, HCRA transfer fund, health care services account,
    52  or any successor fund or account, for purposes  related  to  adult  home
    53  initiatives  for  medicaid  eligible residents of residential facilities
    54  licensed pursuant to section four hundred sixty-b of the social services
    55  law from the tobacco control and insurance initiatives pool  established
    56  for the following periods in the following amounts:

        S. 7507--A                         66                         A. 9507--A
 
     1    (i) up to four million dollars for the period January first, two thou-
     2  sand three through December thirty-first, two thousand three;
     3    (ii) up to six million dollars for the period January first, two thou-
     4  sand four through December thirty-first, two thousand four;
     5    (iii)  up  to  eight million dollars for the period January first, two
     6  thousand  five  through  December  thirty-first,  two   thousand   five,
     7  provided,  however,  that  up to five million two hundred fifty thousand
     8  dollars of such funds shall be received by the comptroller and deposited
     9  to the credit of the special revenue fund - other / aid  to  localities,
    10  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    11  any successor fund or account, for the purposes set forth in this  para-
    12  graph;
    13    (iv)  up  to  eight  million dollars for the period January first, two
    14  thousand six through December thirty-first, two thousand six,  provided,
    15  however,  that  up to five million two hundred fifty thousand dollars of
    16  such funds shall be received by the comptroller  and  deposited  to  the
    17  credit  of  the  special  revenue fund - other / aid to localities, HCRA
    18  transfer fund - 061, enhanced community services account -  05,  or  any
    19  successor fund or account, for the purposes set forth in this paragraph;
    20    (v)  up  to  eight  million  dollars for the period January first, two
    21  thousand  seven  through  December  thirty-first,  two  thousand  seven,
    22  provided,  however,  that  up to five million two hundred fifty thousand
    23  dollars of such funds shall be received by the comptroller and deposited
    24  to the credit of the special revenue fund - other / aid  to  localities,
    25  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    26  any successor fund or account, for the purposes set forth in this  para-
    27  graph;
    28    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    29  period January first, two thousand eight through December  thirty-first,
    30  two thousand eight;
    31    (vii)  up  to two million seven hundred fifty thousand dollars for the
    32  period January first, two thousand nine through  December  thirty-first,
    33  two thousand nine;
    34    (viii)  up to two million seven hundred fifty thousand dollars for the
    35  period January first, two thousand ten  through  December  thirty-first,
    36  two thousand ten; and
    37    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
    38  January first, two thousand eleven through March thirty-first, two thou-
    39  sand eleven.
    40    (oo) Funds shall be reserved and accumulated from  year  to  year  and
    41  shall  be  available, including income from invested funds, for purposes
    42  of grants to non-public general hospitals pursuant to paragraph  (e)  of
    43  subdivision  twenty-five of section twenty-eight hundred seven-c of this
    44  article from the tobacco control and insurance initiatives  pool  estab-
    45  lished for the following periods in the following amounts:
    46    (i)  up  to five million dollars on an annualized basis for the period
    47  January first, two thousand  four  through  December  thirty-first,  two
    48  thousand four;
    49    (ii)  up  to  five  million  dollars for the period January first, two
    50  thousand five through December thirty-first, two thousand five;
    51    (iii) up to five million dollars for the  period  January  first,  two
    52  thousand six through December thirty-first, two thousand six;
    53    (iv)  up  to  five  million  dollars for the period January first, two
    54  thousand seven through December thirty-first, two thousand seven;
    55    (v) up to five million dollars for the period January first, two thou-
    56  sand eight through December thirty-first, two thousand eight;

        S. 7507--A                         67                         A. 9507--A
 
     1    (vi) up to five million dollars for  the  period  January  first,  two
     2  thousand nine through December thirty-first, two thousand nine;
     3    (vii)  up  to  five  million dollars for the period January first, two
     4  thousand ten through December thirty-first, two thousand ten; and
     5    (viii) up to one million two hundred fifty thousand  dollars  for  the
     6  period  January  first,  two thousand eleven through March thirty-first,
     7  two thousand eleven.
     8    (pp) Funds shall be reserved and accumulated from  year  to  year  and
     9  shall  be  available,  including  income  from  invested  funds, for the
    10  purpose of supporting the provision of tax credits for  long  term  care
    11  insurance  pursuant  to subdivision one of section one hundred ninety of
    12  the tax law, paragraph (a) of subdivision  [twenty-five-a]  fourteen  of
    13  section  two hundred [ten] ten-B of such law, subsection (aa) of section
    14  six hundred six of such law[, paragraph one of subsection (k) of section
    15  fourteen hundred fifty-six of such law] and paragraph one of subdivision
    16  (m) of section fifteen hundred eleven of  such  law,  in  the  following
    17  amounts:
    18    (i)  ten  million  dollars  for the period January first, two thousand
    19  four through December thirty-first, two thousand four;
    20    (ii) ten million dollars for the period January  first,  two  thousand
    21  five through December thirty-first, two thousand five;
    22    (iii)  ten  million dollars for the period January first, two thousand
    23  six through December thirty-first, two thousand six; and
    24    (iv) five million dollars for the period January first,  two  thousand
    25  seven through June thirtieth, two thousand seven.
    26    (qq)  Funds  shall  be  reserved and accumulated from year to year and
    27  shall be available,  including  income  from  invested  funds,  for  the
    28  purpose  of  supporting  the  long-term  care  insurance  education  and
    29  outreach program established pursuant to section two hundred seventeen-a
    30  of the elder law for the following periods in the following amounts:
    31    (i) up to five million dollars for the period January first, two thou-
    32  sand four through December thirty-first,  two  thousand  four;  of  such
    33  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    34  available to the department for the purpose of developing,  implementing
    35  and  administering  the  long-term care insurance education and outreach
    36  program and three million fifty thousand dollars shall be  deposited  by
    37  the  commissioner,  within  amounts appropriated, and the comptroller is
    38  hereby authorized and directed to receive for deposit to the  credit  of
    39  the  special  revenue  funds - other, HCRA transfer fund, long term care
    40  insurance resource center account of the state office for the  aging  or
    41  any  future  account designated for the purpose of implementing the long
    42  term care insurance education and outreach  program  and  providing  the
    43  long  term  care insurance resource centers with the necessary resources
    44  to carry out their operations;
    45    (ii) up to five million dollars for  the  period  January  first,  two
    46  thousand  five through December thirty-first, two thousand five; of such
    47  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    48  available  to the department for the purpose of developing, implementing
    49  and administering the long-term care insurance  education  and  outreach
    50  program  and  three million fifty thousand dollars shall be deposited by
    51  the commissioner, within amounts appropriated, and  the  comptroller  is
    52  hereby  authorized  and directed to receive for deposit to the credit of
    53  the special revenue funds - other, HCRA transfer fund,  long  term  care
    54  insurance  resource  center account of the state office for the aging or
    55  any future account designated for the purpose of implementing  the  long
    56  term  care  insurance  education  and outreach program and providing the

        S. 7507--A                         68                         A. 9507--A
 
     1  long term care insurance resource centers with the  necessary  resources
     2  to carry out their operations;
     3    (iii)  up  to  five  million dollars for the period January first, two
     4  thousand six through December thirty-first, two thousand  six;  of  such
     5  funds  one  million  nine  hundred  fifty thousand dollars shall be made
     6  available to the department for the purpose of developing,  implementing
     7  and  administering  the  long-term care insurance education and outreach
     8  program and three million fifty thousand dollars shall be made available
     9  to the office for the aging for the purpose of providing the  long  term
    10  care  insurance  resource  centers with the necessary resources to carry
    11  out their operations;
    12    (iv) up to five million dollars for  the  period  January  first,  two
    13  thousand  seven  through  December  thirty-first, two thousand seven; of
    14  such funds one million nine hundred fifty thousand dollars shall be made
    15  available to the department for the purpose of developing,  implementing
    16  and  administering  the  long-term care insurance education and outreach
    17  program and three million fifty thousand dollars shall be made available
    18  to the office for the aging for the purpose of providing the  long  term
    19  care  insurance  resource  centers with the necessary resources to carry
    20  out their operations;
    21    (v) up to five million dollars for the period January first, two thou-
    22  sand eight through December thirty-first, two thousand  eight;  of  such
    23  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    24  available to the department for the purpose of developing,  implementing
    25  and  administering  the  long term care insurance education and outreach
    26  program and three million fifty thousand dollars shall be made available
    27  to the office for the aging for the purpose of providing the  long  term
    28  care  insurance  resource  centers with the necessary resources to carry
    29  out their operations;
    30    (vi) up to five million dollars for  the  period  January  first,  two
    31  thousand  nine through December thirty-first, two thousand nine; of such
    32  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    33  available  to the department for the purpose of developing, implementing
    34  and administering the long-term care insurance  education  and  outreach
    35  program and three million fifty thousand dollars shall be made available
    36  to  the  office for the aging for the purpose of providing the long-term
    37  care insurance resource centers with the necessary  resources  to  carry
    38  out their operations;
    39    (vii)  up to four hundred eighty-eight thousand dollars for the period
    40  January first, two thousand ten through March thirty-first, two thousand
    41  ten; of such funds four hundred eighty-eight thousand dollars  shall  be
    42  made  available  to the department for the purpose of developing, imple-
    43  menting and administering the long-term  care  insurance  education  and
    44  outreach program.
    45    (rr)  Funds shall be reserved and accumulated from the tobacco control
    46  and insurance initiatives pool and shall be available, including  income
    47  from  invested  funds, for the purpose of supporting expenses related to
    48  implementation of the provisions of title [III] three of  article  twen-
    49  ty-nine-D  of this chapter, for the following periods and in the follow-
    50  ing amounts:
    51    (i) up to ten million dollars for the period January first, two  thou-
    52  sand six through December thirty-first, two thousand six;
    53    (ii) up to ten million dollars for the period January first, two thou-
    54  sand seven through December thirty-first, two thousand seven;
    55    (iii)  up  to  ten  million  dollars for the period January first, two
    56  thousand eight through December thirty-first, two thousand eight;

        S. 7507--A                         69                         A. 9507--A
 
     1    (iv) up to ten million dollars for the period January first, two thou-
     2  sand nine through December thirty-first, two thousand nine;
     3    (v)  up to ten million dollars for the period January first, two thou-
     4  sand ten through December thirty-first, two thousand ten; and
     5    (vi) up to two million five hundred thousand dollars  for  the  period
     6  January first, two thousand eleven through March thirty-first, two thou-
     7  sand eleven.
     8    (ss)  Funds shall be reserved and accumulated from the tobacco control
     9  and insurance initiatives pool and used for a health care  stabilization
    10  program  established by the commissioner for the purposes of stabilizing
    11  critical health care providers and health care programs whose ability to
    12  continue to provide appropriate services are threatened by financial  or
    13  other  challenges,  in  the amount of up to twenty-eight million dollars
    14  for the period July first, two thousand four through June thirtieth, two
    15  thousand five. Notwithstanding the provisions  of  section  one  hundred
    16  twelve  of  the state finance law or any other inconsistent provision of
    17  the state finance law or any other law, funds available for distribution
    18  pursuant to this paragraph may  be  allocated  and  distributed  by  the
    19  commissioner,  or  the state comptroller as applicable without a compet-
    20  itive bid or request for proposal process. Considerations relied upon by
    21  the commissioner in determining the allocation and distribution of these
    22  funds shall include, but not be  limited  to,  the  following:  (i)  the
    23  importance  of  the  provider or program in meeting critical health care
    24  needs in the community in  which  it  operates;  (ii)  the  provider  or
    25  program provision of care to under-served populations; (iii) the quality
    26  of the care or services the provider or program delivers; (iv) the abil-
    27  ity  of  the  provider  or program to continue to deliver an appropriate
    28  level of care or services if additional funding is made  available;  (v)
    29  the  ability  of  the provider or program to access, in a timely manner,
    30  alternative sources of funding, including other  sources  of  government
    31  funding; (vi) the ability of other providers or programs in the communi-
    32  ty  to  meet the community health care needs; (vii) whether the provider
    33  or program has an appropriate plan to improve its  financial  condition;
    34  and  (viii)  whether  additional  funding  would  permit the provider or
    35  program to consolidate, relocate, or close programs  or  services  where
    36  such  actions  would  result  in greater stability and efficiency in the
    37  delivery of needed health care services or programs.
    38    (tt) Funds shall be reserved and accumulated from  year  to  year  and
    39  shall  be  available, including income from invested funds, for purposes
    40  of providing grants  for  two  long  term  care  demonstration  projects
    41  designed  to test new models for the delivery of long term care services
    42  established pursuant to section twenty-eight  hundred  seven-x  of  this
    43  chapter, for the following periods and in the following amounts:
    44    (i)  up to five hundred thousand dollars for the period January first,
    45  two thousand four through December thirty-first, two thousand four;
    46    (ii) up to five hundred thousand dollars for the period January first,
    47  two thousand five through December thirty-first, two thousand five;
    48    (iii) up to five hundred  thousand  dollars  for  the  period  January
    49  first, two thousand six through December thirty-first, two thousand six;
    50    (iv) up to one million dollars for the period January first, two thou-
    51  sand seven through December thirty-first, two thousand seven; and
    52    (v)  up  to  two hundred fifty thousand dollars for the period January
    53  first, two thousand  eight  through  March  thirty-first,  two  thousand
    54  eight.
    55    (uu)  Funds  shall  be  reserved and accumulated from year to year and
    56  shall be available,  including  income  from  invested  funds,  for  the

        S. 7507--A                         70                         A. 9507--A
 
     1  purpose  of supporting disease management and telemedicine demonstration
     2  programs authorized pursuant to section  twenty-one  hundred  eleven  of
     3  this chapter for the following periods in the following amounts:
     4    (i)  five  million  dollars for the period January first, two thousand
     5  four through December thirty-first, two thousand four,  of  which  three
     6  million  dollars shall be available for disease management demonstration
     7  programs and two million dollars shall  be  available  for  telemedicine
     8  demonstration programs;
     9    (ii)  five  million dollars for the period January first, two thousand
    10  five through December thirty-first, two thousand five,  of  which  three
    11  million  dollars shall be available for disease management demonstration
    12  programs and two million dollars shall  be  available  for  telemedicine
    13  demonstration programs;
    14    (iii)  nine million five hundred thousand dollars for the period Janu-
    15  ary first, two thousand six through December thirty-first, two  thousand
    16  six,  of  which  seven  million  five  hundred thousand dollars shall be
    17  available for disease management demonstration programs and two  million
    18  dollars shall be available for telemedicine demonstration programs;
    19    (iv) nine million five hundred thousand dollars for the period January
    20  first,  two  thousand  seven through December thirty-first, two thousand
    21  seven, of which seven million five hundred  thousand  dollars  shall  be
    22  available  for disease management demonstration programs and one million
    23  dollars shall be available for telemedicine demonstration programs;
    24    (v) nine million five hundred thousand dollars for the period  January
    25  first,  two  thousand  eight through December thirty-first, two thousand
    26  eight, of which seven million five hundred  thousand  dollars  shall  be
    27  available  for disease management demonstration programs and two million
    28  dollars shall be available for telemedicine demonstration programs;
    29    (vi) seven million eight hundred thirty-three thousand  three  hundred
    30  thirty-three  dollars  for  the  period January first, two thousand nine
    31  through December thirty-first, two thousand nine, of which seven million
    32  five hundred thousand dollars shall be available for disease  management
    33  demonstration  programs  and  three  hundred thirty-three thousand three
    34  hundred thirty-three dollars shall be available for telemedicine  demon-
    35  stration  programs  for  the  period  January  first,  two thousand nine
    36  through March first, two thousand nine;
    37    (vii) one million eight hundred seventy-five thousand dollars for  the
    38  period  January  first, two thousand ten through March thirty-first, two
    39  thousand ten shall be available  for  disease  management  demonstration
    40  programs.
    41    (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
    42  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    43  directed  to  receive for the deposit to the credit of the state special
    44  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    45  or  any  successor  fund  or  account, for purposes of funding the state
    46  share of the  general  hospital  rates  increases  for  recruitment  and
    47  retention  of  health care workers pursuant to paragraph (e) of subdivi-
    48  sion thirty of section twenty-eight hundred seven-c of this article from
    49  the tobacco control and insurance initiatives pool established  for  the
    50  following periods in the following amounts:
    51    (i) sixty million five hundred thousand dollars for the period January
    52  first,  two  thousand  five  through December thirty-first, two thousand
    53  five; and
    54    (ii) sixty million five hundred thousand dollars for the period  Janu-
    55  ary  first, two thousand six through December thirty-first, two thousand
    56  six.

        S. 7507--A                         71                         A. 9507--A
 
     1    (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
     2  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     3  directed to receive for the deposit to the credit of the  state  special
     4  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     5  or  any  successor  fund  or  account, for purposes of funding the state
     6  share of the general hospital rates increases for rural hospitals pursu-
     7  ant to subdivision thirty-two of section twenty-eight hundred seven-c of
     8  this article from the tobacco control  and  insurance  initiatives  pool
     9  established for the following periods in the following amounts:
    10    (i) three million five hundred thousand dollars for the period January
    11  first,  two  thousand  five  through December thirty-first, two thousand
    12  five;
    13    (ii) three million five hundred thousand dollars for the period  Janu-
    14  ary  first, two thousand six through December thirty-first, two thousand
    15  six;
    16    (iii) three million five hundred thousand dollars for the period Janu-
    17  ary first, two thousand seven through December thirty-first,  two  thou-
    18  sand seven;
    19    (iv)  three million five hundred thousand dollars for the period Janu-
    20  ary first, two thousand eight through December thirty-first,  two  thou-
    21  sand eight; and
    22    (v)  three  million  two hundred eight thousand dollars for the period
    23  January first, two thousand nine through November thirtieth,  two  thou-
    24  sand nine.
    25    (yy)  Funds  shall  be  reserved and accumulated from year to year and
    26  shall be available,  within  amounts  appropriated  and  notwithstanding
    27  section  one  hundred  twelve  of  the  state  finance law and any other
    28  contrary provision of law, for the purpose of supporting grants  not  to
    29  exceed  five  million  dollars  to be made by the commissioner without a
    30  competitive bid or request for  proposal  process,  in  support  of  the
    31  delivery  of  critically  needed  health  care  services, to health care
    32  providers located in the counties of Erie and Niagara which  executed  a
    33  memorandum of closing and conducted a merger closing in escrow on Novem-
    34  ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
    35  a settlement dated December thirtieth, two thousand four for a  loss  on
    36  disposal  of  assets  under the provisions of title XVIII of the federal
    37  social security act applicable to mergers occurring  prior  to  December
    38  first, nineteen hundred ninety-seven.
    39    (zz)  Funds  shall  be  reserved and accumulated from year to year and
    40  shall be available, within amounts  appropriated,  for  the  purpose  of
    41  supporting  expenditures  authorized  pursuant  to  section twenty-eight
    42  hundred eighteen of this article from the tobacco control and  insurance
    43  initiatives  pool established for the following periods in the following
    44  amounts:
    45    (i) six million five hundred thousand dollars for the  period  January
    46  first,  two  thousand  five  through December thirty-first, two thousand
    47  five;
    48    (ii) one hundred eight million three hundred thousand dollars for  the
    49  period  January  first,  two thousand six through December thirty-first,
    50  two thousand six, provided, however, that within amounts appropriated in
    51  the two thousand six through two thousand seven  state  fiscal  year,  a
    52  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    53  Institute Corporation to fund capital costs;
    54    (iii) one hundred seventy-one million dollars for the  period  January
    55  first,  two  thousand  seven through December thirty-first, two thousand
    56  seven, provided, however, that within amounts appropriated  in  the  two

        S. 7507--A                         72                         A. 9507--A
 
     1  thousand  six through two thousand seven state fiscal year, a portion of
     2  such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
     3  Corporation to fund capital costs;
     4    (iv) one hundred seventy-one million five hundred thousand dollars for
     5  the  period  January  first, two thousand eight through December thirty-
     6  first, two thousand eight;
     7    (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
     8  dollars for the period January first, two thousand nine through December
     9  thirty-first, two thousand nine;
    10    (vi)  one  hundred thirty-one million three hundred seventy-five thou-
    11  sand dollars for the period January  first,  two  thousand  ten  through
    12  December thirty-first, two thousand ten;
    13    (vii)  thirty-four  million two hundred fifty thousand dollars for the
    14  period January first, two thousand eleven  through  March  thirty-first,
    15  two thousand eleven;
    16    (viii) four hundred thirty-three million three hundred sixty-six thou-
    17  sand  dollars  for  the  period April first, two thousand eleven through
    18  March thirty-first, two thousand twelve;
    19    (ix) one hundred fifty million eight hundred six thousand dollars  for
    20  the  period April first, two thousand twelve through March thirty-first,
    21  two thousand thirteen;
    22    (x) seventy-eight million seventy-one thousand dollars for the  period
    23  April first, two thousand thirteen through March thirty-first, two thou-
    24  sand fourteen.
    25    (aaa)  Funds  shall  be reserved and accumulated from year to year and
    26  shall be available, including income from invested funds,  for  services
    27  and  expenses related to school based health centers, in an amount up to
    28  three million five hundred thousand dollars for the period April  first,
    29  two  thousand  six through March thirty-first, two thousand seven, up to
    30  three million five hundred thousand dollars for the period April  first,
    31  two thousand seven through March thirty-first, two thousand eight, up to
    32  three  million five hundred thousand dollars for the period April first,
    33  two thousand eight through March thirty-first, two thousand nine, up  to
    34  three  million five hundred thousand dollars for the period April first,
    35  two thousand nine through March thirty-first, two thousand  ten,  up  to
    36  three  million five hundred thousand dollars for the period April first,
    37  two thousand ten through March thirty-first, two thousand eleven, up  to
    38  two  million  eight  hundred thousand dollars each state fiscal year for
    39  the period April first, two thousand eleven through March  thirty-first,
    40  two thousand fourteen, up to two million six hundred forty-four thousand
    41  dollars  each state fiscal year for the period April first, two thousand
    42  fourteen through March thirty-first, two thousand seventeen, [and] up to
    43  two million six hundred forty-four thousand dollars  each  state  fiscal
    44  year  for  the  period April first, two thousand seventeen through March
    45  thirty-first, two thousand twenty, and up to  two  million  six  hundred
    46  forty-four  thousand dollars each state fiscal year for the period April
    47  first, two thousand twenty  through  March  thirty-first,  two  thousand
    48  twenty-three.  The  total  amount  of  funds  provided  herein  shall be
    49  distributed as grants based  on  the  ratio  of  each  provider's  total
    50  enrollment  for all sites to the total enrollment of all providers. This
    51  formula shall be applied to the total amount provided herein.
    52    (bbb) Funds shall be reserved and accumulated from year  to  year  and
    53  shall  be  available, including income from invested funds, for purposes
    54  of awarding  grants  to  operators  of  adult  homes,  enriched  housing
    55  programs and residences through the enhancing abilities and life experi-
    56  ence  (EnAbLe)  program  to  provide for the installation, operation and

        S. 7507--A                         73                         A. 9507--A
 
     1  maintenance of air conditioning in resident rooms, consistent with  this
     2  paragraph,  in  an amount up to two million dollars for the period April
     3  first, two thousand six through March thirty-first, two thousand  seven,
     4  up  to three million eight hundred thousand dollars for the period April
     5  first, two thousand  seven  through  March  thirty-first,  two  thousand
     6  eight, up to three million eight hundred thousand dollars for the period
     7  April first, two thousand eight through March thirty-first, two thousand
     8  nine,  up to three million eight hundred thousand dollars for the period
     9  April first, two thousand nine through March thirty-first, two  thousand
    10  ten,  and  up  to  three  million eight hundred thousand dollars for the
    11  period April first, two thousand ten  through  March  thirty-first,  two
    12  thousand eleven. Residents shall not be charged utility cost for the use
    13  of  air  conditioners  supplied  under  the EnAbLe program. All such air
    14  conditioners must be operated in occupied resident rooms consistent with
    15  requirements applicable to common areas.
    16    (ccc) Funds shall be deposited by  the  commissioner,  within  amounts
    17  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    18  directed to receive for the deposit to the credit of the  state  special
    19  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    20  or any successor fund or account, for  purposes  of  funding  the  state
    21  share of increases in the rates for certified home health agencies, long
    22  term  home  health  care  programs,  AIDS  home  care  programs, hospice
    23  programs and managed long term care plans and approved managed long term
    24  care operating demonstrations as defined in section  forty-four  hundred
    25  three-f  of  this  chapter  for recruitment and retention of health care
    26  workers pursuant to subdivisions nine  and  ten  of  section  thirty-six
    27  hundred  fourteen of this chapter from the tobacco control and insurance
    28  initiatives pool established for the following periods in the  following
    29  amounts:
    30    (i)  twenty-five  million dollars for the period June first, two thou-
    31  sand six through December thirty-first, two thousand six;
    32    (ii) fifty million dollars for the period January first, two  thousand
    33  seven through December thirty-first, two thousand seven;
    34    (iii) fifty million dollars for the period January first, two thousand
    35  eight through December thirty-first, two thousand eight;
    36    (iv)  fifty million dollars for the period January first, two thousand
    37  nine through December thirty-first, two thousand nine;
    38    (v) fifty million dollars for the period January first,  two  thousand
    39  ten through December thirty-first, two thousand ten;
    40    (vi) twelve million five hundred thousand dollars for the period Janu-
    41  ary  first, two thousand eleven through March thirty-first, two thousand
    42  eleven;
    43    (vii) up to fifty million dollars each state fiscal year for the peri-
    44  od April first, two thousand  eleven  through  March  thirty-first,  two
    45  thousand fourteen;
    46    (viii)  up  to  fifty  million  dollars each state fiscal year for the
    47  period April first, two thousand fourteen  through  March  thirty-first,
    48  two thousand seventeen; [and]
    49    (ix) up to fifty million dollars each state fiscal year for the period
    50  April  first,  two  thousand  seventeen  through March thirty-first, two
    51  thousand twenty; and
    52    (x) up to fifty million dollars each state fiscal year for the  period
    53  April  first,  two thousand twenty through March thirty-first, two thou-
    54  sand twenty-three.
    55    (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
    56  appropriated,  and  the  state  comptroller  is  hereby  authorized  and

        S. 7507--A                         74                         A. 9507--A
 
     1  directed to receive for the deposit to the credit of the  state  special
     2  revenue  funds  - other, HCRA transfer fund, medical assistance account,
     3  or any successor fund or account, for  purposes  of  funding  the  state
     4  share  of  increases  in  the medical assistance rates for providers for
     5  purposes of enhancing the provision, quality and/or efficiency  of  home
     6  care  services  pursuant  to  subdivision  eleven  of section thirty-six
     7  hundred fourteen of this chapter from the tobacco control and  insurance
     8  initiatives  pool  established for the following period in the amount of
     9  eight million dollars for the  period  April  first,  two  thousand  six
    10  through December thirty-first, two thousand six.
    11    (eee)  Funds  shall  be reserved and accumulated from year to year and
    12  shall be available, including income from invested funds, to the  Center
    13  for  Functional  Genomics at the State University of New York at Albany,
    14  for the purposes of the Adirondack  network  for  cancer  education  and
    15  research  in rural communities grant program to improve access to health
    16  care and shall be made available from the tobacco control and  insurance
    17  initiatives  pool  established for the following period in the amount of
    18  up to five million dollars for the period January  first,  two  thousand
    19  six through December thirty-first, two thousand six.
    20    (fff)  Funds  shall  be  made  available to the empire state stem cell
    21  trust fund established by section ninety-nine-p of the state finance law
    22  within amounts appropriated up to fifty  million  dollars  annually  and
    23  shall not exceed five hundred million dollars in total.
    24    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
    25  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    26  directed  to  receive  for  deposit  to  the credit of the state special
    27  revenue fund - other, HCRA transfer fund, medical assistance account, or
    28  any successor fund or account, for the purpose of supporting  the  state
    29  share  of  Medicaid  expenditures  for  hospital translation services as
    30  authorized pursuant to paragraph (k) of subdivision one of section twen-
    31  ty-eight hundred seven-c of this article from the  tobacco  control  and
    32  initiatives  pool established for the following periods in the following
    33  amounts:
    34    (i) sixteen million dollars for the period July  first,  two  thousand
    35  eight through December thirty-first, two thousand eight; and
    36    (ii)  fourteen  million  seven hundred thousand dollars for the period
    37  January first, two thousand nine through November thirtieth,  two  thou-
    38  sand nine.
    39    (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
    40  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    41  directed  to  receive  for  deposit  to  the credit of the state special
    42  revenue fund - other, HCRA transfer fund, medical assistance account, or
    43  any successor fund or account, for the purpose of supporting  the  state
    44  share  of  Medicaid  expenditures  for adjustments to inpatient rates of
    45  payment for general hospitals located in  the  counties  of  Nassau  and
    46  Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
    47  section twenty-eight hundred seven-c of this article  from  the  tobacco
    48  control  and  initiatives  pool established for the following periods in
    49  the following amounts:
    50    (i) two million five hundred thousand dollars  for  the  period  April
    51  first,  two  thousand  eight through December thirty-first, two thousand
    52  eight; and
    53    (ii) two million two hundred ninety-two thousand dollars for the peri-
    54  od January first, two thousand  nine  through  November  thirtieth,  two
    55  thousand nine.

        S. 7507--A                         75                         A. 9507--A
 
     1    (iii)  Funds shall be reserved and set aside and accumulated from year
     2  to year and shall be made available, including  income  from  investment
     3  funds,  for  the purpose of supporting the New York state medical indem-
     4  nity fund as authorized pursuant to title four of article  twenty-nine-D
     5  of this chapter, for the following periods and in the following amounts,
     6  provided,  however,  that  the commissioner is authorized to seek waiver
     7  authority from the federal centers for medicare  and  Medicaid  for  the
     8  purpose  of  securing  Medicaid federal financial participation for such
     9  program, in which case the funding authorized pursuant to this paragraph
    10  shall be utilized as the non-federal share for such payments:
    11    Thirty million dollars for the period April first, two thousand eleven
    12  through March thirty-first, two thousand twelve.
    13    2. (a) For periods prior to January  first,  two  thousand  five,  the
    14  commissioner  is  authorized  to  contract  with the article forty-three
    15  insurance law plans, or such other contractors as the commissioner shall
    16  designate, to receive and distribute funds from the tobacco control  and
    17  insurance  initiatives pool established pursuant to this section. In the
    18  event contracts with the article  forty-three  insurance  law  plans  or
    19  other  commissioner's  designees are effectuated, the commissioner shall
    20  conduct annual audits of the receipt and distribution of such funds. The
    21  reasonable costs and expenses of an administrator  as  approved  by  the
    22  commissioner,  not  to  exceed for personnel services on an annual basis
    23  five hundred thousand dollars, for collection and distribution of  funds
    24  pursuant to this section shall be paid from such funds.
    25    (b)  Notwithstanding any inconsistent provision of section one hundred
    26  twelve or one hundred sixty-three of the state finance law or any  other
    27  law,  at the discretion of the commissioner without a competitive bid or
    28  request for proposal process, contracts in effect for administration  of
    29  pools  established  pursuant  to  sections twenty-eight hundred seven-k,
    30  twenty-eight hundred seven-l and twenty-eight hundred  seven-m  of  this
    31  article  for  the  period  January  first,  nineteen hundred ninety-nine
    32  through December  thirty-first,  nineteen  hundred  ninety-nine  may  be
    33  extended  to provide for administration pursuant to this section and may
    34  be amended as may be necessary.
    35    § 15.  Paragraph (a) of subdivision 12 of section 367-b of the  social
    36  services  law,  as  amended  by section 7 of part H of chapter 57 of the
    37  laws of 2017, is amended to read as follows:
    38    (a) For the purpose of regulating cash flow for general hospitals, the
    39  department shall develop and implement a payment methodology to  provide
    40  for  timely  payments  for inpatient hospital services eligible for case
    41  based payments per discharge based on diagnosis-related groups  provided
    42  during  the  period January first, nineteen hundred eighty-eight through
    43  March thirty-first two thousand [twenty] twenty-three, by such hospitals
    44  which elect to participate in the system.
    45    § 16. Paragraph (o) of subdivision 9 of section  3614  of  the  public
    46  health  law,  as added by section 11 of part H of chapter 57 of the laws
    47  of 2017, is amended and three new paragraphs (p), (q) and (r) are  added
    48  to read as follows:
    49    (o)  for  the  period April first, two thousand nineteen through March
    50  thirty-first, two thousand twenty, up to one hundred million dollars[.];
    51    (p) for the period April first,  two  thousand  twenty  through  March
    52  thirty-first,  two  thousand  twenty-one,  up  to  one  hundred  million
    53  dollars;
    54    (q) for the period April first, two thousand twenty-one through  March
    55  thirty-first,  two  thousand  twenty-two,  up  to  one  hundred  million
    56  dollars;

        S. 7507--A                         76                         A. 9507--A
 
     1    (r) for the period April first, two thousand twenty-two through  March
     2  thirty-first,  two  thousand  twenty-three,  up  to  one hundred million
     3  dollars.
     4    §  17.  Paragraph  (s) of subdivision 1 of section 367-q of the social
     5  services law, as added by section 12 of part H of chapter 57 of the laws
     6  of 2017, is amended and three new paragraphs (t), (u) and (v) are  added
     7  to read as follows:
     8    (s)  for  the  period April first, two thousand nineteen through March
     9  thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
    10  thousand dollars[.];
    11    (t)  for  the  period  April  first, two thousand twenty through March
    12  thirty-first, two thousand twenty-one, up to twenty-eight  million  five
    13  hundred thousand dollars;
    14    (u)  for the period April first, two thousand twenty-one through March
    15  thirty-first, two thousand twenty-two, up to twenty-eight  million  five
    16  hundred thousand dollars;
    17    (v)  for the period April first, two thousand twenty-two through March
    18  thirty-first, two thousand twenty-three, up to twenty-eight million five
    19  hundred thousand dollars.
    20    § 18. Section 5 of chapter 517 of  the  laws  of  2016,  amending  the
    21  public  health  law relating to payments from the New York state medical
    22  indemnity fund, as amended by section 4 of part K of chapter 57  of  the
    23  laws of 2019, is amended to read as follows:
    24    §  5. This act shall take effect on the forty-fifth day after it shall
    25  have become a law, provided that the  amendments  to  subdivision  4  of
    26  section  2999-j of the public health law made by section two of this act
    27  shall take effect on June 30,  2017  and  shall  expire  and  be  deemed
    28  repealed December 31, [2020] 2021.
    29    §  19.  Section  2807-g  and paragraph (e) of subdivision 1 of section
    30  2807-l of the public health law are REPEALED.
    31    § 20. This act shall take effect April 1, 2020, provided, however,  if
    32  this  act  shall become a law after such date it shall take effect imme-
    33  diately and shall be deemed to have been in full force and effect on and
    34  after April 1, 2020, and further provided, that:
    35    (a) the amendments to sections 2807-j and 2807-s of the public  health
    36  law made by sections two, eight, eleven and twelve of this act shall not
    37  affect the expiration of such sections and shall expire therewith;
    38    (b)  the  amendments  to subdivision 6 of section 2807-t of the public
    39  health law made by section thirteen of this act  shall  not  affect  the
    40  expiration of such section and shall be deemed to expire therewith; and
    41    (c)  the  amendments  to  paragraph  (i-1) of subdivision 1 of section
    42  2807-v of the public health law made by section  fourteen  of  this  act
    43  shall  not  affect  the  repeal  of  such  paragraph and shall be deemed
    44  repealed therewith.
 
    45                                   PART B
 
    46    Section 1. Subdivision 9 of section 2803 of the public health  law  is
    47  REPEALED.
    48    §  2.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on and after April 1, 2020.
 
    50                                   PART C
 
    51    Section 1. Section 3235-a of the insurance law is  amended  by  adding
    52  two new subsections (e) and (f) to read as follows:

        S. 7507--A                         77                         A. 9507--A

     1    (e)(1)  An  insurer  shall  pay  an early intervention program service
     2  claim to a provider through the state fiscal agent, designated  pursuant
     3  to  section  two  thousand five hundred fifty-seven of the public health
     4  law, that participates in the insurer's provider network  in  accordance
     5  with  subsection (a) of section thirty-two hundred twenty-four-a of this
     6  article where the insurer's obligation to pay is reasonably clear,  even
     7  though  there may be a disagreement about whether the early intervention
     8  program service was medically necessary.
     9    (2) Notwithstanding the provisions of article forty-nine of this chap-
    10  ter and article forty-nine of the public health law,  following  payment
    11  of the early intervention program service claim, an insurer may initiate
    12  a  non-expedited external appeal pursuant to title two of article forty-
    13  nine of this chapter or title two of article forty-nine  of  the  public
    14  health  law  or  pursue  a determination from an independent third-party
    15  review agent agreed upon by the insurer and the provider, which determi-
    16  nation shall be binding, in order to determine whether the early  inter-
    17  vention  program  service  was  medically necessary.   The insurer shall
    18  notify the state fiscal agent as  designated  pursuant  to  section  two
    19  thousand  five  hundred  fifty-seven  of  the  public  health law of the
    20  external appeal agent's or independent third-party review agent's deter-
    21  mination.  If the external appeal agent or the  independent  third-party
    22  review  agent  determines  that  the  early intervention program service
    23  provided was not medically necessary, in whole or in part,  the  insurer
    24  may  recoup,  offset,  or  otherwise require a refund of any overpayment
    25  resulting from the  determination.  Such  recoupment,  offset  or  other
    26  required  refund  shall  be a charge to the appropriate municipality and
    27  state.  The state fiscal agent designated pursuant to section two  thou-
    28  sand five hundred fifty-seven of the public health law shall process the
    29  recoupment,  offset,  or  refund  submitted by the insurer within ninety
    30  days of receipt of the notification of the external  appeal  agent's  or
    31  independent third-party review agent's determination.
    32    (3)  If  the  external  appeal agent or independent third-party review
    33  agent determines that the early intervention program  services  rendered
    34  by  the provider were not medically necessary, in whole or in part, more
    35  than sixty percent of the time in any twelve-month period,  the  insurer
    36  may  for  the subsequent twelve-month period review the provider's early
    37  intervention program services claims  for  medical  necessity  prior  to
    38  making  payment,  in  accordance with title one of article forty-nine of
    39  this chapter or title one of article forty-nine  of  the  public  health
    40  law.
    41    (4)  Nothing in this subsection shall prohibit an insurer from requir-
    42  ing preauthorization for early intervention program services.   A  claim
    43  for  an early intervention program service for which an insurer denied a
    44  preauthorization request shall not be subject to this subsection.
    45    (f) For purposes of this section,  "insurer"  shall  mean  an  insurer
    46  authorized  to  write  accident  and  health  insurance in this state, a
    47  corporation organized pursuant to article forty-three of this chapter, a
    48  municipal cooperative health benefit plan certified pursuant to  article
    49  forty-seven of this chapter, or a health maintenance organization certi-
    50  fied pursuant to article forty-four of the public health law.
    51    §  2.  This  act  shall take effect January 1, 2021 and shall apply to
    52  health care services provided on and after such date.

    53                                   PART D

        S. 7507--A                         78                         A. 9507--A
 
     1    Section 1. Subdivisions 1  and  3  of  section  461-s  of  the  social
     2  services law, subdivision 1 as amended by section 4 of part R of chapter
     3  59 of the laws of 2016 and subdivision 3 as amended by section 6 of part
     4  A of chapter 57 of the laws of 2015, are amended to read as follows:
     5    1. (a) The commissioner of health shall establish the enhanced quality
     6  of  adult  living  program  (referred  to  in this section as the "EQUAL
     7  program" or the "program") for adult care facilities.  The program shall
     8  be targeted at improving the quality of life  for  adult  care  facility
     9  residents  by means of grants to facilities for [specified] the purposes
    10  set forth in subparagraphs (i) and (ii) of the paragraph.   The  depart-
    11  ment  of  health, subject to the approval of the director of the budget,
    12  shall develop an allocation methodology taking into account  the  finan-
    13  cial  status  and  size of the facility [as well as], resident needs and
    14  the population of residents who receive supplemental security income  or
    15  safety  net  assistance or who are living with a serious mental illness,
    16  as defined by the commissioner of health.  On or before  June  first  of
    17  each year, the department shall make available the application for EQUAL
    18  program funds]. Grants may be used to support the following purposes:
    19    (i)  to  improve the quality of life for adult care facility residents
    20  by funding projects including, but not limited to, clothing  allowances,
    21  resident  training to support independent living skills, staff training,
    22  outdoor leisure projects, and culturally recreational and other  leisure
    23  events;  and  resident  quality of life, pursuant to subparagraph (i) of
    24  paragraph (a) of this division, or
    25    (ii) to improve the quality of life for adult care facility  residents
    26  by financing capital improvement projects that will enhance the physical
    27  environment  of  the  facility  and promote a higher quality of life for
    28  residents. Any capital related expense generated by such capital expend-
    29  iture must receive approval by the department of health.
    30    (b) On or before June first of each year, the  department  shall  make
    31  available the application for EQUAL program funds to eligible adult care
    32  facilities, as set forth in this section.
    33    3. Prior to applying for EQUAL program funds, a facility shall receive
    34  approval  of  its  expenditure  plan from the residents' council for the
    35  facility. The residents' council shall adopt a process to  identify  the
    36  priorities  of  the residents for the use of the program funds and docu-
    37  ment residents' top preferences by means that  may  include  a  vote  or
    38  survey.  The plan shall detail how program funds will be used to improve
    39  resident quality of life, pursuant to subparagraph (i) of paragraph  (a)
    40  of this subdivision, or support sustainable enhancements to the physical
    41  environment  of  the facility pursuant to subparagraph (ii) of paragraph
    42  (a) of this subdivision [or the quality of care and services rendered to
    43  residents and may include, but not be limited to,  staff  training,  air
    44  conditioning  in residents' areas, clothing, improvements in food quali-
    45  ty, furnishings, equipment, security, and maintenance or repairs to  the
    46  facility].  The  facility's  application  for  EQUAL program funds shall
    47  include a signed attestation from the president or chair-person  of  the
    48  residents'  council or, in the absence of a residents' council, at least
    49  three residents of the facility, stating that the  application  reflects
    50  the  priorities  of  the residents of the facility and has been reviewed
    51  and approved by the residents' council.  The department  shall  investi-
    52  gate reports of resident abuse and retaliation related to program appli-
    53  cations and expenditures.
    54    §  2.  This  act  shall take effect immediately and shall be deemed to
    55  have been in full force and effect on and after April 1, 2020.

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     1                                   PART E
 
     2    Section 1. Section 2807-bbb of the public health law is REPEALED.
     3    §  2.  Subdivision  10  of  section  2808  of the public health law is
     4  REPEALED.
     5    § 3. Subdivision 6 of section 3614 of the public health law, as  added
     6  by chapter 563 of the laws of 1991, is REPEALED.
     7    §  4.  Subdivision  4  of  section  4012  of  the public health law is
     8  REPEALED.
     9    § 5. Clause (B) of subparagraph (iii) of paragraph (e) of  subdivision
    10  one  of section twenty-eight hundred seven-c of the public health law is
    11  REPEALED.
    12    § 6. Article 27-G of the public health law is REPEALED.
    13    § 7. Section 95-e of the state finance law, as added by chapter 301 of
    14  the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of
    15  2015, subdivision 2-a as added by section 27-i of part UU of chapter  54
    16  of the laws of 2016, is amended to read as follows:
    17    §  95-e.  The  New  York  state autism awareness and research fund. 1.
    18  There is hereby established in the joint custody of the commissioner  of
    19  taxation  and finance and the comptroller, a special fund to be known as
    20  the New York state autism awareness and research fund.
    21    2. Such fund shall consist of all revenues received  pursuant  to  the
    22  provisions  of  section  four  hundred four-v of the vehicle and traffic
    23  law, as added by chapter three hundred one of the laws of  two  thousand
    24  four,  all revenues received pursuant to section six hundred thirty-d of
    25  the tax law and all other moneys appropriated, credited, or  transferred
    26  thereto from any other fund or source pursuant to law. Nothing contained
    27  in  this section shall prevent the state from receiving grants, gifts or
    28  bequests for the purposes of the fund as defined  in  this  section  and
    29  depositing them into the fund according to law.
    30    2-a. On or before the first day of February each year, the commission-
    31  er  of  [health]  the  office for people with developmental disabilities
    32  shall provide a written report to the temporary president of the senate,
    33  speaker of the assembly, chair of the senate finance committee, chair of
    34  the assembly ways and means committee, chair of the senate committee  on
    35  health,  chair  of  the assembly health committee, the state comptroller
    36  and the public. Such report shall include how the  monies  of  the  fund
    37  were utilized during the preceding calendar year, and shall include:
    38    (i)  the amount of money disbursed from the fund and the award process
    39  used for such disbursements;
    40    (ii) recipients of awards from the fund;
    41    (iii) the amount awarded to each;
    42    (iv) the purposes for which such awards were granted; and
    43    (v) a summary financial plan for such monies which shall include esti-
    44  mates of all receipts and all disbursements for the current and succeed-
    45  ing fiscal years, along with the actual results from  the  prior  fiscal
    46  year.
    47    3.  (a) Monies of the fund shall be expended only for autism awareness
    48  projects or autism research projects  approved  by  the  [department  of
    49  health]  office  for  people with developmental disabilities in New York
    50  state provided, however, that no more than ten percent  of  monies  from
    51  such  fund  shall be expended on the aggregate number of autism research
    52  projects approved in a fiscal year.
    53    (b) As used in this section, the term "autism research project"  means
    54  scientific  research  approved  by the [department of health] office for
    55  people with developmental disabilities into the causes and/or  treatment

        S. 7507--A                         80                         A. 9507--A
 
     1  of  autism,  and  the  term  "autism  awareness project" means a project
     2  approved by the [department of health] office for people  with  develop-
     3  mental  disabilities aimed toward educating the general public about the
     4  causes, symptoms, and treatments of autism.
     5    4.  Monies  shall be payable from the fund on the audit and warrant of
     6  the comptroller on vouchers approved and certified by  the  commissioner
     7  of [health] the office for people with developmental disabilities.
     8    5.  To the extent practicable, the commissioner of [health] the office
     9  for people with developmental disabilities shall ensure that all  monies
    10  received  during  a  fiscal  year  are expended prior to the end of that
    11  fiscal year.
    12    § 8. Article 27-J of the public health law is REPEALED.
    13    § 9. Title E of the mental hygiene law is  amended  by  adding  a  new
    14  article 30 to read as follows:
    15                                 ARTICLE 30
    16               COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS
    17  Section 30.01 Legislative findings.
    18          30.02 Definitions.
    19          30.03 Comprehensive  care  centers  for eating disorders; estab-
    20                  lished.
    21          30.04 Qualifying criteria.
    22          30.05 State identification of  comprehensive  care  centers  for
    23                  eating disorders; commissioner's written notice.
    24          30.06 Restricted use of title.
    25  § 30.01 Legislative findings.
    26    The  legislature  hereby  finds that effective diagnosis and treatment
    27  for citizens struggling with eating disorders, a complex and potentially
    28  life-threatening condition, requires a  continuum  of  interdisciplinary
    29  providers  and  levels  of  care. Such effective diagnosis and treatment
    30  further requires the coordination and  comprehensive  management  of  an
    31  individualized  plan of care specifically oriented to the distinct needs
    32  of each individual.
    33    The legislature further finds that, while there  are  numerous  health
    34  care providers in the state with expertise in eating disorder treatment,
    35  there is no generally accessible, comprehensive system for responding to
    36  these  disorders. Due to the lack of such a system the legislature finds
    37  that treatment, information/referral, prevention and research activities
    38  are fragmented and incomplete. In addition, due to the broad,  multifac-
    39  eted  needs of individuals with eating disorders, insurance payments for
    40  the necessary plan of care and providers is usually fragmented as  well,
    41  leaving  citizens with insufficient coverage for essential services and,
    42  therefore, at risk of incomplete treatment, relapse,  deterioration  and
    43  potential death.
    44    The legislature therefore declares that the state take positive action
    45  to  facilitate  the  development  and  public identification of provider
    46  networks and care  centers  of  excellence  to  provide  a  coordinated,
    47  comprehensive  system for the treatment of such disorders, as well as to
    48  conduct  community  education,  prevention,   information/referral   and
    49  research activities. The legislature further declares that health cover-
    50  age  by  insurers  and  health  maintenance organizations should include
    51  covered services provided through such centers and that, to  the  extent
    52  possible and practicable, health plan reimbursement should be structured
    53  in  a  manner  to facilitate the individualized, comprehensive and inte-
    54  grated plans of care which such centers are required to provide.
    55  § 30.02 Definitions.
    56    For purposes of this article:

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     1    (a) "Eating disorder" is defined to include, but not  be  limited  to,
     2  conditions  such as anorexia nervosa, bulimia and binge eating disorder,
     3  identified as such  in  the  ICD-9-CM  International  Classification  of
     4  Disease  or  the  most current edition of the Diagnostic and Statistical
     5  Manual  of Mental Disorders, or other medical and mental health diagnos-
     6  tic references generally accepted for standard use by  the  medical  and
     7  mental health fields.
     8    (b)  "Comprehensive  care centers for eating disorders" or "comprehen-
     9  sive care centers" means a provider-sponsored system of care,  organized
    10  by  either  corporate affiliation or clinical association for the common
    11  purpose of providing a coordinated, individualized plan of care  for  an
    12  individual with an eating disorder, across a continuum that includes all
    13  necessary non-institutional, institutional and practitioner services and
    14  treatments, from initial patient screening and evaluation, to treatment,
    15  follow-up care and support.
    16  § 30.03 Comprehensive care centers for eating disorders; established.
    17    The  commissioner  shall  provide  for  the  public  identification of
    18  comprehensive care centers for persons with  eating  disorders  for  the
    19  purposes of:
    20    (a)  Promoting  the operation of a continuum of comprehensive, coordi-
    21  nated care for persons with eating disorders;
    22    (b) Promoting ready access  to  information,  referral  and  treatment
    23  services  on  eating  disorders  for  consumers,  health  practitioners,
    24  providers and insurers, with access in every region of the state;
    25    (c) Promoting community education, prevention and patient  entry  into
    26  care; and
    27    (d) Promoting and coordinating regional and statewide research efforts
    28  into effective methods of education, prevention and treatment, including
    29  research on the various models of care.
    30  § 30.04 Qualifying criteria.
    31    (a)  In  order  to qualify for state identification as a comprehensive
    32  care center for eating disorders pursuant to  this  article,  applicants
    33  must demonstrate to the commissioner's satisfaction that, at a minimum:
    34    1.  The  applicant  can  provide  a  continuum of care tailored to the
    35  specialized needs  of  individuals  with  eating  disorders,  with  such
    36  continuum including at least the following levels of care:
    37    (i)  Individual  health, psychosocial and case management services, in
    38  both noninstitutional and  institutional  settings,  from  licensed  and
    39  certified  practitioners  with  demonstrated experience and expertise in
    40  providing services to individuals with eating disorders;
    41    (ii) Medical/surgical, psychiatric and rehabilitation care in a gener-
    42  al hospital or a hospital licensed under this  chapter;  provided  that,
    43  whenever  practicable  and appropriate, the service setting for any such
    44  care shall be oriented to the specific needs, treatment and recovery  of
    45  persons with eating disorders;
    46    (iii)  Residential  care  and  services  in  a residential health care
    47  facility licensed under article twenty-eight of the public  health  law,
    48  or  a  facility  licensed under article thirty-one of this chapter which
    49  will provide a program of care and service setting that is  specifically
    50  oriented to the needs of individuals with eating disorders;
    51    2.  The  care  of  individuals will be managed and coordinated at each
    52  level and throughout the continuum of care;
    53    3. The applicant is able to conduct activities  for  community  educa-
    54  tion, prevention, information/referral and research; and
    55    4.  The applicant meets such additional criteria as are established by
    56  the commissioner.

        S. 7507--A                         82                         A. 9507--A
 
     1    (b) Eligible applicants shall include but are not limited to providers
     2  licensed under article twenty-eight of the public health law or  article
     3  thirty-one  of  this  chapter  or  health or mental health practitioners
     4  licensed under title eight of the education law.
     5    (c) The commissioner shall seek the recommendation of the commissioner
     6  of  health  prior  to  identifying  an applicant as a comprehensive care
     7  center under this article.
     8  § 30.05 State identification of comprehensive care  centers  for  eating
     9            disorders; commissioner's written notice.
    10    (a)  The commissioner shall identify a sufficient number of comprehen-
    11  sive centers to ensure adequate access to services in all regions of the
    12  state, provided that, to the extent  possible,  the  commissioner  shall
    13  identify  such  care  centers  geographically  dispersed  throughout the
    14  state, and provided further, however, that the  commissioner  shall,  to
    15  the extent possible, initially identify at least three such centers.
    16    (b)  The  commissioner's identification of a comprehensive care center
    17  for eating disorders under this article shall be valid for not more than
    18  a two year period from the date of issuance. The commissioner may  reis-
    19  sue  such  identifications  for  subsequent periods of up to five years,
    20  provided that the comprehensive care center has notified the commission-
    21  er of any material changes  in  structure  or  operation  based  on  its
    22  original  application,  or  since its last written notice by the commis-
    23  sioner, and that the commissioner is satisfied that the center continues
    24  to meet the criteria required pursuant to this article.
    25    (c) The commissioner may suspend or revoke his or her  written  notice
    26  upon  a determination that the comprehensive care center has not met, or
    27  would not be able to meet, the criteria required pursuant to this  arti-
    28  cle, provided, however that the commissioner shall afford such center an
    29  opportunity  for a hearing, in accordance section 31.17 of this chapter,
    30  to review the circumstances of and grounds for such suspension or  revo-
    31  cation and to appeal such determination.
    32  § 30.06 Restricted use of title.
    33    No  person  or  entity  shall  claim, advertise or imply to consumers,
    34  health plans or other health care providers that such provider or  prac-
    35  titioner  is  a  state-identified  comprehensive  care center for eating
    36  disorders unless it is qualified pursuant to section 30.04 of this arti-
    37  cle.
    38    § 10. Section 31.25 of the mental hygiene law, as added by chapter  24
    39  of the laws of 2008, is amended to read as follows:
    40  § 31.25 Residential services for treatment of eating disorders.
    41    The  commissioner  shall  establish,  pursuant to regulation, licensed
    42  residential providers of treatment and/or supportive services  to  chil-
    43  dren,  adolescents,  and  adults  with eating disorders, as that term is
    44  defined in section [twenty-seven hundred  ninety-nine-e  of  the  public
    45  health  law] 30.02 of this title. Such regulations shall be developed in
    46  consultation with representatives from each of  the  comprehensive  care
    47  centers   for   eating   disorders   established   pursuant  to  article
    48  [twenty-seven-J of the public health law] thirty  of  this  chapter  and
    49  licensed  treatment  professionals,  such  as physicians, psychiatrists,
    50  psychologists and therapists, with demonstrated  expertise  in  treating
    51  patients with eating disorders.
    52    §  11. Paragraph 14 of subsection (k) of section 3221 of the insurance
    53  law, as added by chapter 114 of the laws of 2004, is amended to read  as
    54  follows:
    55    (14)  No  group  or blanket policy delivered or issued for delivery in
    56  this state which provides medical, major medical or  similar  comprehen-

        S. 7507--A                         83                         A. 9507--A
 
     1  sive-type  coverage  shall  exclude  coverage for services covered under
     2  such policy when provided by a  comprehensive  care  center  for  eating
     3  disorders  pursuant  to  article  [twenty-seven-J  of the public health]
     4  thirty  of the mental hygiene law; provided, however, that reimbursement
     5  under such policy for services provided through such comprehensive  care
     6  centers  shall, to the extent possible and practicable, be structured in
     7  a manner to facilitate the individualized, comprehensive and  integrated
     8  plans of care which such centers' network of practitioners and providers
     9  are required to provide.
    10    §  12.  Subsection (dd) of section 4303 of the insurance law, as added
    11  by chapter 114 of the laws of 2004, is amended to read as follows:
    12    (dd) No health service corporation or medical service  expense  indem-
    13  nity  corporation  which  provides  medical,  major  medical  or similar
    14  comprehensive-type coverage shall exclude coverage for services  covered
    15  under  such  policy  when  provided  by  a comprehensive care center for
    16  eating disorders pursuant  to  article  [twenty-seven-J  of  the  public
    17  health]  thirty  of  the  mental  hygiene  law;  provided, however, that
    18  reimbursement by such corporation for  services  provided  through  such
    19  comprehensive  care  centers shall, to the extent possible and practica-
    20  ble, be structured in a manner to facilitate the individualized, compre-
    21  hensive and integrated plans of care  which  such  centers'  network  of
    22  practitioners and providers are required to provide.
    23    §  13. Paragraph 27 of subsection (b) of section 4322 of the insurance
    24  law, as added by chapter 114 of the laws of 2004, is amended to read  as
    25  follows:
    26    (27)  Services covered under such policy when provided by a comprehen-
    27  sive care center for eating disorders pursuant to  article  [twenty-sev-
    28  en-J  of  the public health] thirty of the mental hygiene law; provided,
    29  however, that reimbursement under  such  policy  for  services  provided
    30  through  such  comprehensive  care centers shall, to the extent possible
    31  and practicable, be structured in a manner to facilitate the individual-
    32  ized, comprehensive and integrated plans of  care  which  such  centers'
    33  network of practitioners and providers are required to provide.
    34    § 14. Subdivision 1 of section 154 of the labor law, as added by chap-
    35  ter 675 of the laws of 2007, is amended to read as follows:
    36    1.  The  commissioner, in consultation with the commissioner of health
    37  and the commissioner of mental health, shall establish a child performer
    38  advisory board for  the  purpose  of  recommending  guidelines  for  the
    39  employment  of child performers and models under the age of eighteen and
    40  preventing eating disorders such as anorexia nervosa and bulimia nervosa
    41  amongst such persons. The advisory  board  shall  consist  of  at  least
    42  sixteen  but  no more than twenty members appointed by the commissioner,
    43  and shall include:  representatives  of  professional  organizations  or
    44  unions  representing  child performers or models; employers representing
    45  child performers or models; physicians, nutritionists and mental  health
    46  professionals  with  demonstrated  expertise  in  treating patients with
    47  eating disorders; at least one representative from each of  the  compre-
    48  hensive  care centers for eating disorders established pursuant to arti-
    49  cle [twenty-seven-J of the public health] thirty of the  mental  hygiene
    50  law;  advocacy  organizations working to prevent and treat eating disor-
    51  ders; and other members deemed necessary by the commissioner.  In  addi-
    52  tion,  the commissioner of health and the commissioner of mental health,
    53  or their designees, shall serve on the advisory board.  The  members  of
    54  the  advisory board shall receive no compensation for their services but
    55  shall be reimbursed their actual and necessary expenses incurred in  the
    56  performance of their duties.

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     1    §  15.  This  act shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2020.
 
     3                                   PART F
 
     4    Section  1.  Section  9  of  part R of chapter 59 of the laws of 2016,
     5  amending the public health law and other  laws  relating  to  electronic
     6  prescriptions, is amended to read as follows:
     7    §  9.  This  act shall take effect immediately; provided however, that
     8  sections one and two of this act shall take effect on the first of  June
     9  next  succeeding  the date on which it shall have become a law and shall
    10  expire and be deemed repealed [four years  after  such  effective  date]
    11  June 1, 2023.
    12    §  2. Section 4 of chapter 19 of the laws of 1998, amending the social
    13  services law relating to limiting the method of payment for prescription
    14  drugs under the medical assistance program, as amended by section 11  of
    15  part I of chapter 57 of the laws of 2017, is amended to read as follows:
    16    §  4. This act shall take effect 120 days after it shall have become a
    17  law and shall expire and be deemed repealed March 31, [2020] 2023.
    18    § 3. Paragraph (e-1) of subdivision 12 of section 2808 of  the  public
    19  health law, as amended by section 12 of part I of chapter 57 of the laws
    20  of 2017, is amended to read as follows:
    21    (e-1) Notwithstanding any inconsistent provision of law or regulation,
    22  the  commissioner  shall  provide,  in  addition to payments established
    23  pursuant to this article prior to application  of  this  section,  addi-
    24  tional  payments  under the medical assistance program pursuant to title
    25  eleven of article five of the social services law for non-state operated
    26  public residential health care facilities, including public  residential
    27  health  care  facilities  located in the county of Nassau, the county of
    28  Westchester and the county of Erie,  but  excluding  public  residential
    29  health  care  facilities  operated by a town or city within a county, in
    30  aggregate annual amounts of up to one hundred fifty million  dollars  in
    31  additional payments for the state fiscal year beginning April first, two
    32  thousand  six  and  for the state fiscal year beginning April first, two
    33  thousand seven and for the state fiscal year beginning April first,  two
    34  thousand eight and of up to three hundred million dollars in such aggre-
    35  gate  annual  additional  payments  for  the state fiscal year beginning
    36  April first, two thousand nine, and for the state fiscal year  beginning
    37  April  first,  two  thousand ten and for the state fiscal year beginning
    38  April first, two thousand eleven, and for the state fiscal years  begin-
    39  ning  April  first,  two  thousand  twelve and April first, two thousand
    40  thirteen, and of up to five hundred million dollars  in  such  aggregate
    41  annual  additional  payments  for the state fiscal years beginning April
    42  first, two thousand fourteen, April  first,  two  thousand  fifteen  and
    43  April  first,  two  thousand  sixteen  and of up to five hundred million
    44  dollars in such aggregate  annual  additional  payments  for  the  state
    45  fiscal years beginning April first, two thousand seventeen, April first,
    46  two thousand eighteen, and April first, two thousand nineteen, and of up
    47  to  five  hundred  million  dollars  in such aggregate annual additional
    48  payments for the state fiscal years beginning April first, two  thousand
    49  twenty, April first, two thousand twenty-one, and April first, two thou-
    50  sand  twenty-two.  The amount allocated to each eligible public residen-
    51  tial health care facility for this period shall be computed  in  accord-
    52  ance with the provisions of paragraph (f) of this subdivision, provided,
    53  however,  that  patient  days  shall  be  utilized  for such computation
    54  reflecting actual reported data for two thousand three and  each  repre-

        S. 7507--A                         85                         A. 9507--A
 
     1  sentative  succeeding year as applicable, and provided further, however,
     2  that, in consultation with impacted providers, of  the  funds  allocated
     3  for  distribution  in  the  state fiscal year beginning April first, two
     4  thousand  thirteen, up to thirty-two million dollars may be allocated in
     5  accordance with paragraph (f-1) of this subdivision.
     6    § 4. Section 18 of chapter 904 of  the  laws  of  1984,  amending  the
     7  public  health  law  and the social services law relating to encouraging
     8  comprehensive health services, as amended by section 13  of  part  I  of
     9  chapter 57 of the laws of 2017, is amended to read as follows:
    10    §  18.  This  act  shall take effect immediately, except that sections
    11  six, nine, ten and eleven of this act shall take effect on the  sixtieth
    12  day after it shall have become a law, sections two, three, four and nine
    13  of  this  act  shall  expire  and be of no further force or effect on or
    14  after March 31, [2020] 2023, section two of this act shall  take  effect
    15  on  April  1,  1985 or seventy-five days following the submission of the
    16  report required by section one of this  act,  whichever  is  later,  and
    17  sections  eleven  and  thirteen  of  this  act shall expire and be of no
    18  further force or effect on or after March 31, 1988.
    19    § 5. Section 4 of part X2 of chapter 62 of the laws of 2003,  amending
    20  the  public  health law relating to allowing for the use of funds of the
    21  office of professional medical conduct for  activities  of  the  patient
    22  health  information  and  quality improvement act of 2000, as amended by
    23  section 14 of part I of chapter 57 of the laws of 2017,  is  amended  to
    24  read as follows:
    25    §  4.  This  act  shall  take  effect  immediately;  provided that the
    26  provisions of section one of this act shall be deemed to  have  been  in
    27  full force and effect on and after April 1, 2003, and shall expire March
    28  31, [2020] 2023 when upon such date the provisions of such section shall
    29  be deemed repealed.
    30    §  6.  Subdivision  (o)  of section 111 of part H of chapter 59 of the
    31  laws of 2011, amending the public health law relating to  the  statewide
    32  health  information  network  of New York and the statewide planning and
    33  research cooperative system and general powers and duties, as amended by
    34  section 15 of part I of chapter 57 of the laws of 2017,  is  amended  to
    35  read as follows:
    36    (o)  sections thirty-eight and thirty-eight-a of this act shall expire
    37  and be deemed repealed March 31, [2020] 2023;
    38    § 7. Section 32 of part A of chapter 58 of the laws of 2008,  amending
    39  the  elder law and other laws relating to reimbursement to participating
    40  provider pharmacies  and  prescription  drug  coverage,  as  amended  by
    41  section  16  of  part I of chapter 57 of the laws of 2017, is amended to
    42  read as follows:
    43    § 32. This act shall take effect immediately and shall  be  deemed  to
    44  have  been in full force and effect on and after April 1, 2008; provided
    45  however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
    46  twenty-five of this act shall take effect July 1, 2008; provided however
    47  that  sections  sixteen, seventeen and eighteen of this act shall expire
    48  April 1, [2020] 2023; provided, however, that  the  amendments  made  by
    49  section  twenty-eight  of this act shall take effect on the same date as
    50  section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
    51  further,  that  sections twenty-nine, thirty, and thirty-one of this act
    52  shall take effect October 1, 2008; provided further, that section  twen-
    53  ty-seven  of  this  act  shall take effect January 1, 2009; and provided
    54  further, that section twenty-seven of  this  act  shall  expire  and  be
    55  deemed  repealed  March 31, [2020] 2023; and provided, further, however,
    56  that the amendments to subdivision 1 of section 241 of the education law

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     1  made by section twenty-nine of this act shall not affect the  expiration
     2  of such subdivision and shall be deemed to expire therewith and provided
     3  that  the  amendments  to  section  272 of the public health law made by
     4  section  thirty  of this act shall not affect the repeal of such section
     5  and shall be deemed repealed therewith.
     6    § 8. Subdivision 3 of section 2999-p of  the  public  health  law,  as
     7  amended  by  section  17 of part I of chapter 57 of the laws of 2017, is
     8  amended to read as follows:
     9    3. The commissioner may issue a certificate of authority to an  entity
    10  that  meets conditions for ACO certification as set forth in regulations
    11  made by the commissioner pursuant to section twenty-nine  hundred  nine-
    12  ty-nine-q  of  this  article.  The  commissioner shall not issue any new
    13  certificate under this article after December thirty-first, two thousand
    14  [twenty] twenty-four.
    15    § 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws
    16  of 2016, amending the social services law and  other  laws  relating  to
    17  authorizing  the  commissioner  of health to apply federally established
    18  consumer price index penalties for generic drugs,  and  authorizing  the
    19  commissioner  of  health  to  impose penalties on managed care plans for
    20  reporting late or incorrect encounter data, as amended by section  1  of
    21  part T of chapter 57 of the laws of 2018, is amended to read as follows:
    22    (a)  section  eleven  of  this act shall expire and be deemed repealed
    23  March 31, [2020] 2022;
    24    § 10. Subdivision 1-a of section 60 of part B of  chapter  57  of  the
    25  laws  of  2015, amending the social services law and other laws relating
    26  to supplemental rebates, as added by section 5-b of part T of chapter 57
    27  of the laws of 2018, is amended to read as follows:
    28    1-a. section fifty-two of this act shall expire and be deemed repealed
    29  March 31, [2020] 2025;
    30    § 11. Section 7 of part H of chapter 57 of the laws of 2019,  amending
    31  the  public  health  law  relating  to waiver of certain regulations, is
    32  amended to read as follows:
    33    § 7. This act shall take effect immediately and  shall  be  deemed  to
    34  have been in full force and effect on and after April 1, 2019, provided,
    35  however,  that  section  two of this act shall expire on April 1, [2020]
    36  2024.
    37    § 12. Section 228 of chapter 474 of the laws  of  1996,  amending  the
    38  education  law  and  other laws relating to rates for residential health
    39  care facilities, as amended by chapter  49  of  the  laws  of  2017,  is
    40  amended to read as follows:
    41    §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
    42  shall mean a downstate region to consist of Kings, New  York,  Richmond,
    43  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
    44  consist of all other New York state counties. A  certified  home  health
    45  agency  or  long  term  home health care program shall be located in the
    46  same county utilized by the commissioner of health for the establishment
    47  of rates pursuant to article 36 of the public health law.
    48    (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
    49  defined in section 3602 of the public health law.
    50    (c)  Long  term home health care program (LTHHCP) shall mean such term
    51  as defined in subdivision 8 of section 3602 of the public health law.
    52    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
    53  ly, located within a region.
    54    (e) Medicaid revenue percentage, for purposes of this  section,  shall
    55  mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
    56  persons eligible for payments pursuant to title 11 of article 5  of  the

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     1  social services law divided by such revenues plus CHHA and LTHHCP reven-
     2  ues attributable to services provided to beneficiaries of Title XVIII of
     3  the federal social security act (medicare).
     4    (f)  Base  period,  for  purposes of this section, shall mean calendar
     5  year 1995.
     6    (g) Target period. For purposes of this section, the 1996 target peri-
     7  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
     8  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
     9  target period shall mean January 1, 1998 through November 30, 1998,  the
    10  1999 target period shall mean January 1, 1999 through November 30, 1999,
    11  the  2000  target period shall mean January 1, 2000 through November 30,
    12  2000, the 2001 target period shall mean January 1, 2001 through November
    13  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
    14  November  30,  2002,  the  2003 target period shall mean January 1, 2003
    15  through November 30, 2003, the 2004 target period shall mean January  1,
    16  2004  through  November  30, 2004, and the 2005 target period shall mean
    17  January 1, 2005 through November 30, 2005, the 2006 target period  shall
    18  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
    19  period shall mean January 1, 2007 through November 30, 2007 and the 2008
    20  target period shall mean January 1, 2008 through November 30, 2008,  and
    21  the  2009  target period shall mean January 1, 2009 through November 30,
    22  2009 and the 2010 target period  shall  mean  January  1,  2010  through
    23  November  30, 2010 and the 2011 target period shall mean January 1, 2011
    24  through November 30, 2011 and the 2012 target period shall mean  January
    25  1,  2012 through November 30, 2012 and the 2013 target period shall mean
    26  January 1, 2013 through November 30, 2013, and the  2014  target  period
    27  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    28  period shall mean January 1, 2015 through November 30, 2015 and the 2016
    29  target  period  shall mean January 1, 2016 through November 30, 2016 and
    30  the 2017 target period shall mean January 1, 2017 through  November  30,
    31  2017  and  the  2018  target  period  shall mean January 1, 2018 through
    32  November 30, 2018 and the 2019 target period shall mean January 1,  2019
    33  through  November 30, 2019 and the 2020 target period shall mean January
    34  1, 2020 through November 30, 2020, and the 2021 target period shall mean
    35  January 1, 2021 through November 30, 2021 and  the  2022  target  period
    36  shall mean January 1, 2022 through November 30, 2022 and the 2023 target
    37  period shall mean January 1, 2023 through November 30, 2023.
    38    2.  (a) Prior to February 1, 1997, for each regional group the commis-
    39  sioner of health shall calculate the 1996 medicaid  revenue  percentages
    40  for the period commencing August 1, 1996 to the last date for which such
    41  data is available and reasonably accurate.
    42    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
    43  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
    44  prior  to February 1, 2003, prior to February 1, 2004, prior to February
    45  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
    46  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
    47  prior to February 1, 2011, prior to February 1, 2012, prior to  February
    48  1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to
    49  February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
    50  prior  to  February  1,  2019, [and] prior to February 1, 2020, prior to
    51  February 1, 2021, prior to February 1, 2022, and prior  to  February  1,
    52  2023  for each regional group the commissioner of health shall calculate
    53  the prior year's medicaid revenue percentages for the period  commencing
    54  January 1 through November 30 of such prior year.
    55    3.  By September 15, 1996, for each regional group the commissioner of
    56  health shall calculate the base period medicaid revenue percentage.

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     1    4. (a) For each regional  group,  the  1996  target  medicaid  revenue
     2  percentage  shall be calculated by subtracting the 1996 medicaid revenue
     3  reduction percentages from the base period medicaid revenue percentages.
     4  The 1996 medicaid revenue  reduction  percentage,  taking  into  account
     5  regional and program differences in utilization of medicaid and medicare
     6  services, for the following regional groups shall be equal to:
     7    (i)  one  and one-tenth percentage points for CHHAs located within the
     8  downstate region;
     9    (ii) six-tenths of one percentage point for CHHAs located  within  the
    10  upstate region;
    11    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    12  in the downstate region; and
    13    (iv) one and seven-tenths percentage points for LTHHCPs located within
    14  the upstate region.
    15    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    16  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
    17  [and],  2020,  2021,  2022  and 2023 for each regional group, the target
    18  medicaid revenue percentage for the respective year shall be  calculated
    19  by subtracting the respective year's medicaid revenue reduction percent-
    20  age  from  the  base  period  medicaid  revenue percentage. The medicaid
    21  revenue reduction percentages for 1997, 1998, 2000,  2001,  2002,  2003,
    22  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
    23  2016, 2017, 2018, 2019 [and], 2020, 2021, 2022  and  2023,  taking  into
    24  account  regional and program differences in utilization of medicaid and
    25  medicare services, for the following regional groups shall be  equal  to
    26  for each such year:
    27    (i)  one  and one-tenth percentage points for CHHAs located within the
    28  downstate region;
    29    (ii) six-tenths of one percentage point for CHHAs located  within  the
    30  upstate region;
    31    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    32  in the downstate region; and
    33    (iv) one and seven-tenths percentage points for LTHHCPs located within
    34  the upstate region.
    35    (c) For each regional group, the 1999 target medicaid revenue percent-
    36  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
    37  reduction percentage from the base period medicaid  revenue  percentage.
    38  The  1999  medicaid  revenue  reduction percentages, taking into account
    39  regional and program differences in utilization of medicaid and medicare
    40  services, for the following regional groups shall be equal to:
    41    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
    42  point for CHHAs located within the downstate region;
    43    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
    44  located within the upstate region;
    45    (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
    46  LTHHCPs located within the downstate region; and
    47    (iv)  one  and  two hundred seventy-five thousandths percentage points
    48  (1.275) for LTHHCPs located within the upstate region.
    49    5. (a) For each regional group, if the 1996 medicaid revenue  percent-
    50  age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
    51  percentage, the commissioner of health shall compare the  1996  medicaid
    52  revenue  percentage  to  the  1996 target medicaid revenue percentage to
    53  determine the amount of the shortfall which, when divided  by  the  1996
    54  medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
    55  reduction factor. These amounts, expressed as a  percentage,  shall  not
    56  exceed  one  hundred percent. If the 1996 medicaid revenue percentage is

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     1  equal to or less than the 1996 target medicaid revenue  percentage,  the
     2  1996 reduction factor shall be zero.
     3    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
     4  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,  2017,  2018
     5  [and],  2019, 2020, 2021, 2022 and 2023, for each regional group, if the
     6  medicaid revenue percentage for the respective year is not equal  to  or
     7  less  than  the  target  medicaid revenue percentage for such respective
     8  year, the commissioner of health shall compare  such  respective  year's
     9  medicaid  revenue  percentage  to such respective year's target medicaid
    10  revenue percentage to determine the amount of the shortfall which,  when
    11  divided  by the respective year's medicaid revenue reduction percentage,
    12  shall be called the reduction factor for  such  respective  year.  These
    13  amounts,  expressed  as  a  percentage,  shall  not  exceed  one hundred
    14  percent. If the medicaid revenue percentage for  a  particular  year  is
    15  equal  to  or  less than the target medicaid revenue percentage for that
    16  year, the reduction factor for that year shall be zero.
    17    6. (a) For each regional group, the 1996  reduction  factor  shall  be
    18  multiplied  by  the following amounts to determine each regional group's
    19  applicable 1996 state share reduction amount:
    20    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    21  CHHAs located within the downstate region;
    22    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    23  within the upstate region;
    24    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
    25  for LTHHCPs located within the downstate region; and
    26    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
    27  located within the upstate region.
    28    For each regional group reduction, if the 1996 reduction factor  shall
    29  be zero, there shall be no 1996 state share reduction amount.
    30    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    31  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
    32  [and], 2020, 2021, 2022 and 2023, for each regional group, the reduction
    33  factor  for  the  respective  year  shall be multiplied by the following
    34  amounts to  determine  each  regional  group's  applicable  state  share
    35  reduction amount for such respective year:
    36    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    37  CHHAs located within the downstate region;
    38    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    39  within the upstate region;
    40    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
    41  for LTHHCPs located within the downstate region; and
    42    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
    43  located within the upstate region.
    44    For  each  regional  group  reduction,  if  the reduction factor for a
    45  particular year shall be zero, there shall be no state  share  reduction
    46  amount for such year.
    47    (c) For each regional group, the 1999 reduction factor shall be multi-
    48  plied by the following amounts to determine each regional group's appli-
    49  cable 1999 state share reduction amount:
    50    (i) one million seven hundred ninety-two thousand five hundred dollars
    51  ($1,792,500) for CHHAs located within the downstate region;
    52    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
    53  for CHHAs located within the upstate region;
    54    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
    55  for LTHHCPs located within the downstate region; and

        S. 7507--A                         90                         A. 9507--A
 
     1    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
     2  for LTHHCPs located within the upstate region.
     3    For  each regional group reduction, if the 1999 reduction factor shall
     4  be zero, there shall be no 1999 state share reduction amount.
     5    7. (a) For each regional group, the 1996 state share reduction  amount
     6  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
     7  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
     8  achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
     9  provider  specific  basis utilizing revenues for this purpose, expressed
    10  as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
    11  achieve  the 1996 target medicaid revenue percentage within the applica-
    12  ble regional group. This proportion shall be multiplied by the  applica-
    13  ble  1996 state share reduction amount calculation pursuant to paragraph
    14  (a) of subdivision 6 of this section. This amount shall  be  called  the
    15  1996 provider specific state share reduction amount.
    16    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
    17  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
    18  2019 [and], 2020, 2021, 2022 and 2023 for each regional group, the state
    19  share reduction amount for the respective year shall be allocated by the
    20  commissioner  of  health  among  CHHAs  and  LTHHCPs on the basis of the
    21  extent of each CHHA's and LTHHCP's failure to achieve the  target  medi-
    22  caid revenue percentage for the applicable year, calculated on a provid-
    23  er  specific  basis  utilizing revenues for this purpose, expressed as a
    24  proportion of the total of each CHHA's and LTHHCP's failure  to  achieve
    25  the  target  medicaid  revenue percentage for the applicable year within
    26  the applicable regional group. This proportion shall  be  multiplied  by
    27  the  applicable year's state share reduction amount calculation pursuant
    28  to paragraph (b) or (c) of subdivision 6 of this  section.  This  amount
    29  shall  be  called the provider specific state share reduction amount for
    30  the applicable year.
    31    8. (a) The 1996 provider specific state share reduction  amount  shall
    32  be due to the state from each CHHA and LTHHCP and may be recouped by the
    33  state  by  March  31, 1997 in a lump sum amount or amounts from payments
    34  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
    35  social services law.
    36    (b) The provider specific state share reduction amount for 1997, 1998,
    37  1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
    38  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,
    39  2022 and 2023 respectively, shall be due to the state from each CHHA and
    40  LTHHCP and each year the amount due for such year may be recouped by the
    41  state  by March 31 of the following year in a lump sum amount or amounts
    42  from payments due to the CHHA and LTHHCP pursuant to title 11 of article
    43  5 of the social services law.
    44    9. CHHAs and LTHHCPs shall submit such data and  information  at  such
    45  times  as  the  commissioner  of health may require for purposes of this
    46  section. The commissioner of health may use data available  from  third-
    47  party payors.
    48    10. On or about June 1, 1997, for each regional group the commissioner
    49  of  health  shall  calculate for the period August 1, 1996 through March
    50  31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
    51  share  reduction  amount,  and a provider specific state share reduction
    52  amount in accordance with the methodology provided in paragraph  (a)  of
    53  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    54  sion  6 and paragraph (a) of subdivision 7 of this section. The provider
    55  specific state share reduction amount calculated in accordance with this
    56  subdivision shall be compared to the 1996 provider specific state  share

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     1  reduction amount calculated in accordance with paragraph (a) of subdivi-
     2  sion 7 of this section. Any amount in excess of the amount determined in
     3  accordance  with paragraph (a) of subdivision 7 of this section shall be
     4  due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
     5  accordance with paragraph (a) of subdivision 8 of this section.  If  the
     6  amount  is  less than the amount determined in accordance with paragraph
     7  (a) of subdivision 7 of this section, the difference shall  be  refunded
     8  to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
     9  and LTHHCPs shall submit data for the  period  August  1,  1996  through
    10  March 31, 1997 to the commissioner of health by April 15, 1997.
    11    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
    12  required for purposes of this section:
    13    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    14  caid revenue percentage between  the  applicable  base  period  and  the
    15  applicable  target  period  for purposes of the calculations pursuant to
    16  this section; and
    17    (b) the commissioner of health shall reduce the current rate  paid  to
    18  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
    19  article 36 of the public health law by one percent for a  period  begin-
    20  ning on the first day of the calendar month following the applicable due
    21  date  as  established by the commissioner of health and continuing until
    22  the last day of the calendar month in which the required data and infor-
    23  mation are submitted.
    24    12. The commissioner of health shall inform in writing the director of
    25  the budget and the chair of the senate finance committee and  the  chair
    26  of  the  assembly  ways and means committee of the results of the calcu-
    27  lations pursuant to this section.
    28    § 13. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
    29  the laws of 1995, amending the public health law and other laws relating
    30  to medical reimbursement and welfare reform, as amended by chapter 49 of
    31  the laws of 2017, is amended to read as follows:
    32    (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
    33  February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
    34  February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
    35  February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
    36  February  1,  2016, February 1, 2017, February 1, 2018, February 1, 2019
    37  [and], February 1, 2020, February 1, 2021, February 1, 2022 and February
    38  1, 2023, the commissioner of health shall calculate the  result  of  the
    39  statewide  total  of  residential  health  care  facility  days  of care
    40  provided to beneficiaries of title XVIII of the federal social  security
    41  act  (medicare),  divided  by  the sum of such days of care plus days of
    42  care provided to residents eligible for payments pursuant to title 11 of
    43  article 5 of the social services law minus the number of  days  provided
    44  to  residents receiving hospice care, expressed as a percentage, for the
    45  period commencing January 1, through November  30,  of  the  prior  year
    46  respectively,  based  on  such data for such period. This value shall be
    47  called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,  2009,
    48  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019 [and], 2020,
    49  2021, 2022 and 2023 statewide target percentage respectively.
    50    §  14.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
    51  64 of chapter 81 of the laws of 1995, amending the public health law and
    52  other laws relating to medical  reimbursement  and  welfare  reform,  as
    53  amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
    54  follows:
    55    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
    56  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,

        S. 7507--A                         92                         A. 9507--A
 
     1  2019 [and], 2020, 2021, 2022 and 2023 statewide target  percentages  are
     2  not  for  each  year  at  least  three percentage points higher than the
     3  statewide base percentage, the commissioner of  health  shall  determine
     4  the percentage by which the statewide target percentage for each year is
     5  not  at  least  three  percentage  points higher than the statewide base
     6  percentage. The percentage calculated pursuant to this  paragraph  shall
     7  be  called  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
     8  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
     9  2019  [and],  2020,  2021,  2022 and 2023 statewide reduction percentage
    10  respectively. If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,
    11  2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
    12  2018, 2019 [and], 2020, 2021, 2022 and 2023 statewide target  percentage
    13  for  the respective year is at least three percentage points higher than
    14  the statewide base percentage, the statewide  reduction  percentage  for
    15  the respective year shall be zero.
    16    §  15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
    17  64 of chapter 81 of the laws of 1995, amending the public health law and
    18  other laws relating to medical  reimbursement  and  welfare  reform,  as
    19  amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
    20  follows:
    21    (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
    22  2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and],
    23  2020, 2021, 2022 and 2023 statewide reduction percentage shall be multi-
    24  plied by one hundred two million dollars respectively to  determine  the
    25  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
    26  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,
    27  2022  and 2023 statewide aggregate reduction amount. If the 1998 and the
    28  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
    29  2012,  2013,  2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022
    30  and 2023 statewide reduction  percentage  shall  be  zero  respectively,
    31  there  shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    32  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
    33  [and] 2020, 2021, 2022 and 2023 reduction amount.
    34    §  16.  Subdivision (i-1) of section 79 of part C of chapter 58 of the
    35  laws of 2008, amending the social services law and the public health law
    36  relating to adjustments of rates, as amended by section 5 of chapter  49
    37  of the laws of 2017, is amended to read as follows:
    38    (i-1)  section  thirty-one-a of this act shall be deemed repealed July
    39  1, [2020] 2021;
    40    § 17. Paragraph (e) of subdivision  seven  of  section  367-a  of  the
    41  social  services  law, as amended by section 5-a of part T of chapter 57
    42  of the laws of 2018, is amended to read as follows:
    43    (e) During the period from April first, two thousand  fifteen  through
    44  March thirty-first, two thousand [twenty] twenty-three, the commissioner
    45  may,  in  lieu  of a managed care provider, negotiate directly and enter
    46  into an agreement with a pharmaceutical manufacturer for  the  provision
    47  of supplemental rebates relating to pharmaceutical utilization by enrol-
    48  lees  of managed care providers pursuant to section three hundred sixty-
    49  four-j of this title and may also negotiate directly and enter into such
    50  an agreement relating to pharmaceutical utilization by  medical  assist-
    51  ance  recipients not so enrolled. Such rebates shall be limited to, drug
    52  utilization in the following classes: antiretrovirals  approved  by  the
    53  FDA  for  the treatment of HIV/AIDS and hepatitis C agents for which the
    54  pharmaceutical manufacturer has in effect a rebate  agreement  with  the
    55  federal  secretary  of health and human services pursuant to 42 U.S.C. §
    56  1396r-8, and for which  the  state  has  established  standard  clinical

        S. 7507--A                         93                         A. 9507--A
 
     1  criteria.  No  agreement  entered  into pursuant to this paragraph shall
     2  have an initial term or be extended beyond the expiration or  repeal  of
     3  this paragraph.
     4    §  18. Subdivision 1 of section 60 of part B of chapter 57 of the laws
     5  of 2015, amending the social services law and  other  laws  relating  to
     6  supplemental  rebates, as amended by section 5-b of part T of chapter 57
     7  of the laws of 2018, is amended to read as follows:
     8    1. section one of this act shall expire and be deemed  repealed  March
     9  31, [2023] 2026;
    10    §  19.  Subdivision  4-a  of section 71 of part C of chapter 60 of the
    11  laws of 2014, amending the social services law relating to fair hearings
    12  held in connection with appeals under the fully integrated duals  advan-
    13  tage  demonstration  program,  as amended by section 6 of chapter 106 of
    14  the laws of 2018, is amended to read as follows:
    15    4-a. section twenty-two of this act shall take effect April 1,  2014[,
    16  and shall be deemed expired January 1, 2021];
    17    §  20.  Subdivision  2-a  of  section 22 of the social services law is
    18  amended to read as follows:
    19    2-a. With regard to fair hearings  held  in  connection  with  appeals
    20  [under  the  fully integrated duals advantage demonstration program] for
    21  integrated fair hearing and appeals  processes  for  individuals  dually
    22  eligible  for  medical  assistance  and  benefits available under titles
    23  XVIII and XIX of the federal social security act, the  commissioner  may
    24  contract  for the sole purpose of assisting staff of the office for such
    25  purpose.
    26    § 21. Subdivision 5-d of section 2807-k of the public health  law,  as
    27  amended  by  section  2  of part A of chapter 57 of the laws of 2018, is
    28  amended to read as follows:
    29    5-d. (a) Notwithstanding any inconsistent provision of  this  section,
    30  section  twenty-eight  hundred  seven-w  of  this  article  or any other
    31  contrary provision of law, and subject to the  availability  of  federal
    32  financial  participation,  for  periods  on and after January first, two
    33  thousand thirteen, through March  thirty-first,  two  thousand  [twenty]
    34  twenty-three,  all  funds  available  for  distribution pursuant to this
    35  section, except for funds distributed pursuant to  subparagraph  (v)  of
    36  paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
    37  available for distribution  pursuant  to  section  twenty-eight  hundred
    38  seven-w of this article, shall be reserved and set aside and distributed
    39  in accordance with the provisions of this subdivision.
    40    (b)  The commissioner shall promulgate regulations, and may promulgate
    41  emergency regulations, establishing methodologies for  the  distribution
    42  of  funds  as  described  in  paragraph (a) of this subdivision and such
    43  regulations shall include, but not be limited to, the following:
    44    (i) Such regulations shall  establish  methodologies  for  determining
    45  each  facility's  relative uncompensated care need amount based on unin-
    46  sured inpatient and outpatient units of service from the cost  reporting
    47  year  two years prior to the distribution year, multiplied by the appli-
    48  cable medicaid rates in effect January first of the  distribution  year,
    49  as summed and adjusted by a statewide cost adjustment factor and reduced
    50  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
    51  patients, and as further adjusted  by  application  of  a  nominal  need
    52  computation  that shall take into account each facility's medicaid inpa-
    53  tient share.
    54    (ii) Annual distributions pursuant to such  regulations  for  the  two
    55  thousand  thirteen  through  two  thousand  [twenty] twenty-two calendar
    56  years shall be in accord with the following:

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     1    (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
     2  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
     3  payments to major public general hospitals; and
     4    (B)  nine hundred ninety-four million nine hundred thousand dollars as
     5  Medicaid DSH payments to eligible general hospitals,  other  than  major
     6  public general hospitals.
     7    (iii)(A)  Such  regulations  shall establish transition adjustments to
     8  the distributions made pursuant to clauses (A) and (B)  of  subparagraph
     9  (ii)  of this paragraph such that no facility experiences a reduction in
    10  indigent care pool payments pursuant to this subdivision that is greater
    11  than the percentages, as specified in clause (C) of this subparagraph as
    12  compared to the average distribution that each  such  facility  received
    13  for  the three calendar years prior to two thousand thirteen pursuant to
    14  this section and section twenty-eight hundred seven-w of this article.
    15    (B) Such regulations shall also  establish  adjustments  limiting  the
    16  increases  in  indigent  care  pool  payments  experienced by facilities
    17  pursuant to this subdivision by an amount that will be, as determined by
    18  the commissioner and in conjunction with such other funding  as  may  be
    19  available  for  this  purpose, sufficient to ensure full funding for the
    20  transition adjustment payments authorized by clause (A) of this subpara-
    21  graph.
    22    (C) No facility shall experience a reduction  in  indigent  care  pool
    23  payments pursuant to this subdivision that: for the calendar year begin-
    24  ning  January first, two thousand thirteen, is greater than two and one-
    25  half percent; for the calendar year beginning January first,  two  thou-
    26  sand  fourteen, is greater than five percent; and, for the calendar year
    27  beginning on January first, two thousand fifteen; is greater than  seven
    28  and  one-half  percent,  and  for the calendar year beginning on January
    29  first, two thousand sixteen, is greater than ten percent;  and  for  the
    30  calendar  year  beginning  on  January first, two thousand seventeen, is
    31  greater than twelve and one-half percent;  and  for  the  calendar  year
    32  beginning  on  January  first,  two  thousand  eighteen, is greater than
    33  fifteen percent; and for the calendar year beginning on  January  first,
    34  two  thousand  nineteen, is greater than seventeen and one-half percent;
    35  and for the calendar year beginning on January first, two thousand twen-
    36  ty, is greater than twenty percent; and for the calendar year  beginning
    37  on  January  first,  two thousand twenty-one, is greater than twenty-two
    38  and a half percent; and for  the  calendar  year  beginning  on  January
    39  first, two thousand twenty-two, is greater than twenty-five percent.
    40    (iv) Such regulations shall reserve one percent of the funds available
    41  for  distribution  in the two thousand fourteen and two thousand fifteen
    42  calendar years, and for calendar  years  thereafter,  pursuant  to  this
    43  subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
    44  seven-c of this article, and sections two hundred eleven and two hundred
    45  twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
    46  hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
    47  shall establish methodologies for the distribution of such pool funds to
    48  facilities based on their level of  compliance,  as  determined  by  the
    49  commissioner, with the provisions of subdivision nine-a of this section.
    50    (c)  The  commissioner  shall  annually report to the governor and the
    51  legislature on the distribution of funds under this subdivision  includ-
    52  ing, but not limited to:
    53    (i) the impact on safety net providers, including community providers,
    54  rural general hospitals and major public general hospitals;
    55    (ii)  the  provision  of  indigent care by units of services and funds
    56  distributed by general hospitals; and

        S. 7507--A                         95                         A. 9507--A
 
     1    (iii) the extent to which access to care has been enhanced.
     2    §  22.  This  act shall take effect immediately and shall be deemed to
     3  have been in full force and effect on and after April 1, 2020.
 
     4                                   PART G
 
     5    Section 1. The insurance law is amended by adding a new section 111 to
     6  read as follows:
     7    §  111.  Investigation  by  the   superintendent   with   respect   to
     8  prescription  drugs. (a) Whenever it shall appear to the superintendent,
     9  either upon complaint or otherwise, that in the advertisement,  purchase
    10  or  sale  within  this  state of any prescription drug, which is contem-
    11  plated to be paid by a policy approved by the  department  for  offering
    12  within  the state, has increased over the course of any twelve months by
    13  more than one hundred percent and if it is suspected  that  any  person,
    14  partnership, corporation, company, trust or association, or any agent or
    15  employee thereof, shall have employed, or employs, or is about to employ
    16  any  device,  scheme  or  artifice  to defraud or for obtaining money or
    17  property by means of any false pretense, representation or  promise,  or
    18  that  any  person,  partnership,  corporation, company, trust or associ-
    19  ation, or any agent or employee  thereof,  shall  have  made,  makes  or
    20  attempts  to  make within or from this state or shall have engaged in or
    21  engages in or is about to engage  in  any  practice  or  transaction  or
    22  course  of  business  relating  to  the  purchase,  exchange, or sale of
    23  prescription drugs which is fraudulent or in violation of law and  which
    24  has  operated  or  which would operate as a fraud upon the purchaser, or
    25  that any agent or employee thereof, has sold or offered for sale  or  is
    26  attempting  to  sell  or  is offering for sale any prescription drug for
    27  which the price has increased one hundred percent over the prior  calen-
    28  dar  year, and the superintendent believes it to be in the public inter-
    29  est that an  investigation  be  made,  he  or  she  may  in  their  sole
    30  discretion  either  require  or  permit such person, partnership, corpo-
    31  ration, company, trust or association, or any agent or employee thereof,
    32  to file with the department a statement in writing under oath or  other-
    33  wise as to all the facts and circumstances concerning the price increase
    34  which  he  or  she believes it is to the public interest to investigate,
    35  and for that purpose may prescribe  forms  upon  which  such  statements
    36  shall  be  made. The superintendent may also require such other data and
    37  information as he or she may deem relevant and may make such special and
    38  independent investigations as he or she may deem necessary in connection
    39  with the matter.
    40    (b) In addition to any other power granted by law, the superintendent,
    41  his or her deputy or other officer designated by the  superintendent  is
    42  empowered  to  subpoena witnesses, compel their attendance, examine them
    43  under oath and require the production of any books or papers which he or
    44  she deems relevant or material to the inquiry.  Such power  of  subpoena
    45  and  examination shall not abate or terminate by reason of any action or
    46  proceeding brought by the attorney general.
    47    (c) No  person  shall  be  excused  from  attending  such  inquiry  in
    48  pursuance  to  the  mandates of a subpoena, or from producing a paper or
    49  book, or from being examined or required to answer  a  question  on  the
    50  ground  of failure of tender or payment of a witness fee and/or mileage,
    51  unless at the time of such appearance or production, as the case may be,
    52  such witness makes demand for such payment as a condition  precedent  to
    53  the  offering  of  testimony  or production required by the subpoena and
    54  unless such payment is not thereupon made. The provisions for payment of

        S. 7507--A                         96                         A. 9507--A
 
     1  witness fee and/or mileage shall not apply to any officer,  director  or
     2  person  in  the employ of any person, partnership, corporation, company,
     3  trust or association whose conduct or practices are being investigated.
     4    (d)  If  a  person subpoenaed to attend such inquiry fails to obey the
     5  command of a subpoena without  reasonable  cause,  or  if  a  person  in
     6  attendance upon such inquiry shall without reasonable cause refuse to be
     7  sworn  or to be examined or to answer a question or to produce a book or
     8  paper when ordered so to do by the officer conducting such  inquiry,  or
     9  if  a  person,  partnership,  corporation, company, trust or association
    10  fails to perform any act required by this section to be performed, he or
    11  she shall be guilty of a misdemeanor and shall be  subject  to  a  civil
    12  penalty as set forth in subsection (e) of this section.
    13    (e)  (1)  If  after an investigation authorized under this section the
    14  superintendent determines that  any  person,  partnership,  corporation,
    15  company,  trust  or association, or any agent or employee thereof, shall
    16  have employed any device, scheme or artifice to defraud or for obtaining
    17  money or property by means of  any  false  pretense,  representation  or
    18  promise, or that any person, partnership, corporation, company, trust or
    19  association, or any agent or employee thereof, shall have made within or
    20  from  this state or shall have engaged in any practice or transaction or
    21  course of business relating  to  the  purchase,  exchange,  or  sale  of
    22  prescription  drugs which is fraudulent or in violation of law and which
    23  has operated as a fraud upon  the  purchaser,  the  superintendent  may,
    24  after  notice  and  a  hearing,  levy  a civil penalty not to exceed the
    25  greater of: (A) five thousand dollars for each offense; (B)  a  multiple
    26  of two times the aggregate damages attributable to the offense; or (C) a
    27  multiple  of  two  times the aggregate economic gain attributable to the
    28  offense.
    29    (2) If any person, partnership, corporation, company, trust or associ-
    30  ation, that fails to submit a written statement required by  the  super-
    31  intendent  under  subsection  (a) of this section or violates subsection
    32  (d) of this section, the superintendent may, after notice and a hearing,
    33  levy a civil penalty not to exceed to one thousand dollars per day  that
    34  the failure continues.
    35    (f)  If  during  an  investigation  authorized  under this section the
    36  superintendent determines that  any  person,  partnership,  corporation,
    37  company, trust or association, or any agent or employee thereof is pres-
    38  ently  taking  or is about to take any action in violation of subsection
    39  (e) of this section the superintendent may  in  addition  to  all  other
    40  remedies as are provided by law maintain and prosecute an action against
    41  such person, partnership, corporation, company, trust or association, or
    42  any agent or employee thereof for the purpose of obtaining an injunction
    43  restraining  such  person,  partnership,  corporation, company, trust or
    44  association, or any agent or employee thereof from  doing  any  acts  in
    45  violation of the provisions of this section.
    46    §  2. The insurance law is amended by adding a new section 202 to read
    47  as follows:
    48    § 202. Drug accountability board. (a) A nine member drug  accountabil-
    49  ity board is hereby created in the department.
    50    (b)  The members of the board shall be appointed by the superintendent
    51  and shall serve a three-year term. Members may be reappointed  upon  the
    52  completion  of  other  terms.  In  making  appointments to the board the
    53  superintendent shall give consideration to persons:
    54    (1) licensed and actively engaged in the practice of medicine  in  the
    55  state;
    56    (2) licensed and actively practicing in pharmacy in the state;

        S. 7507--A                         97                         A. 9507--A
 
     1    (3)  with  expertise  in  drug  utilization review who are health care
     2  professionals licensed under title eight of the education  law  and  who
     3  are pharmacologists;
     4    (4)  that  are  consumers or consumer representatives of organizations
     5  with a regional or statewide constituency and who have been involved  in
     6  activities related to health care consumer advocacy;
     7    (5) who are health care economists;
     8    (6) who are actuaries; and
     9    (7) who are experts from the department of health.
    10    (c) The superintendent shall designate a person from the department to
    11  serve as chairperson of the board.
    12    (d)  Members  of the board and all its agents shall be deemed to be an
    13  "employee" for purposes of section seventeen of the public officers law.
    14    (e) (1) The department shall have  authority  on  all  fiscal  matters
    15  relating to the board.
    16    (2) The board may utilize or request assistance of any state agency or
    17  authority subject to the approval of the superintendent.
    18    (f)  (1) Whenever the superintendent determines it would aid an inves-
    19  tigation under section one hundred eleven of this  chapter,  the  super-
    20  intendent  may  refer  a  drug  to  the board for a report thereon to be
    21  prepared.
    22    (2) If a drug is referred to the board under  paragraph  one  of  this
    23  subsection the board shall determine:
    24    (A) the drug's impact on the premium costs for commercial insurance in
    25  this state, and the drug's affordability and value to the public;
    26    (B)  whether increases in the price of the drug over time were signif-
    27  icant and unjustified;
    28    (C) whether the drug may be priced disproportionately to its therapeu-
    29  tic benefits; and
    30    (D) any other question the superintendent may certify to the board  in
    31  aid  of  an investigation under section one hundred eleven of this chap-
    32  ter.
    33    (3) In formulating its determinations, the board may consider:
    34    (A) publicly available information relevant  to  the  pricing  of  the
    35  drug;
    36    (B)  information supplied by the department relevant to the pricing of
    37  the drug;
    38    (C) information relating to value-based pricing;
    39    (D) the seriousness and prevalence of the disease or condition that is
    40  treated by the drug;
    41    (E) the extent of utilization of the drug;
    42    (F) the effectiveness of the drug in treating the conditions for which
    43  it is prescribed, or in improving a patient's health, quality  of  life,
    44  or overall health outcomes;
    45    (G) the likelihood that use of the drug will reduce the need for other
    46  medical care, including hospitalization;
    47    (H)  the  average  wholesale price, wholesale acquisition cost, retail
    48  price of the drug, and the cost of the  drug  to  the  Medicaid  program
    49  minus rebates received by the state;
    50    (I)  in  the  case  of  generic  drugs,  the  number of pharmaceutical
    51  manufacturers that produce the drug;
    52    (J) whether there are pharmaceutical equivalents to the drug;
    53    (K) information supplied by the manufacturer, if any,  explaining  the
    54  relationship between the pricing of the drug and the cost of development
    55  of  the  drug  and/or  the  therapeutic  benefit of the drug, or that is
    56  otherwise pertinent to the manufacturer's  pricing  decision;  any  such

        S. 7507--A                         98                         A. 9507--A
 
     1  information  provided  shall be considered confidential and shall not be
     2  disclosed by the drug utilization review board in a form that identifies
     3  a specific manufacturer or prices charged for drugs by such  manufactur-
     4  er; and
     5    (L) information from the department of health, including from the drug
     6  utilization review board.
     7    (4)  Following  its review, the board shall report its findings to the
     8  superintendent.  Such report shall include the  determinations  required
     9  by  paragraph  two of this subsection and any other information required
    10  by the superintendent.
    11    (g) Notwithstanding any law to the contrary, the papers  and  informa-
    12  tion  considered  by the board and any report thereof shall be confiden-
    13  tial and not subject to disclosure. The superintendent, in  his  or  her
    14  sole  discretion,  may  determine that the release of the board's report
    15  would not harm an ongoing investigation  and  would  be  in  the  public
    16  interest,  and  thereafter may release the report or any portion thereof
    17  to the public.
    18    (h) The superintendent may call a public hearing on the determinations
    19  of the board, notice of such hearing shall be given to the  manufacturer
    20  of  the drug and shall be published on the website of the department for
    21  not less than fifteen days before the hearing.
    22    § 3. The superintendent of financial services may promulgate any regu-
    23  lations necessary to interpret the provisions of this act, including but
    24  not limited to regulations  relating  to  the  operations  of  the  drug
    25  accountability board.
    26    § 4. This act shall take effect immediately.
 
    27                                   PART H

    28    Section  1. Subdivisions 1 and 4 of section 6841 of the education law,
    29  as added by chapter 414 of the laws of 2019,  are  amended  to  read  as
    30  follows:
    31    1.  A  registered  pharmacy  technician may, under the direct personal
    32  supervision of a licensed pharmacist, assist such  licensed  pharmacist,
    33  as directed, in compounding, preparing, labeling, or dispensing of drugs
    34  used to fill valid prescriptions or medication orders [or], and a regis-
    35  tered  pharmacy technician employed by a facility licensed in accordance
    36  with article twenty-eight of the public health law, or a pharmacy  owned
    37  and  operated  by  such  a  facility may assist a licensed pharmacist as
    38  directed in compounding, preparing, and labeling in  anticipation  of  a
    39  valid prescription or medication order for a patient to be served by the
    40  facility,  in  accordance  with article one hundred thirty-seven of this
    41  title where such tasks require no professional  judgment.  Such  profes-
    42  sional  judgment  shall  only  be  exercised by a licensed pharmacist. A
    43  registered pharmacy technician may only practice [in a facility licensed
    44  in accordance with article twenty-eight of the public health law,  or  a
    45  pharmacy owned and operated by such a facility,] in a registered pharma-
    46  cy  under  the  direct  personal  supervision  of  a licensed pharmacist
    47  employed [in] by such a facility or pharmacy. Such facility or  pharmacy
    48  shall  be  responsible for ensuring that the registered pharmacy techni-
    49  cian has received appropriate training to ensure competence before he or
    50  she begins assisting a licensed pharmacist  in  compounding,  preparing,
    51  labeling,  or  dispensing  of drugs, in accordance with this article and
    52  article one hundred thirty-seven of this title. For the purposes of this
    53  article, direct personal supervision  means  supervision  of  procedures
    54  based  on  instructions given directly by a supervising licensed pharma-

        S. 7507--A                         99                         A. 9507--A
 
     1  cist who remains in the immediate area where the  procedures  are  being
     2  performed,  authorizes  the  procedures  and  evaluates  the  procedures
     3  performed by the  registered  pharmacy  technicians  and  a  supervising
     4  licensed  pharmacist  shall approve all work performed by the registered
     5  pharmacy technician prior to the actual dispensing of any drug.
     6    4. No licensed pharmacist shall obtain the  assistance  of  more  than
     7  [two]  four  registered  pharmacy  technicians  in  the  performance  of
     8  [licensed tasks] compounding or preparation of sterile  products  within
     9  their scope of practice. No licensed pharmacist shall obtain the assist-
    10  ance  of  more  than  four registered pharmacy technicians or [four] six
    11  unlicensed persons, in the performance of the  activities  that  do  not
    12  require licensure, the total of such persons shall not exceed [four] six
    13  individuals at any one time.  Pharmacy interns shall be exempt from such
    14  ratios,  but shall be supervised in accordance with commissioner's regu-
    15  lations. Individuals who are responsible for the act  of  placing  drugs
    16  which  are  in  unit-dose  packaging into medication carts as part of an
    17  approved unit-dose drug distribution system  for  patients  in  institu-
    18  tional  settings  shall  be  exempt  from such ratio, provided that such
    19  individuals are not also engaged in performing the activities set  forth
    20  in subdivision one or paragraph b, c, d, e, f, g, h, or i of subdivision
    21  two  of  this section.  The licensed pharmacist shall provide the degree
    22  of supervision of such persons as may be appropriate to  ensure  compli-
    23  ance with the relevant provisions of regulations of the commissioner.
    24    §  2.  Subdivision 2 of section 6832 of the education law, as added by
    25  chapter 414 of the laws of 2019, is amended to read as follows:
    26    2. [Except for a licensed pharmacist employed by a  facility  licensed
    27  in  accordance  with  article twenty-eight of the public health law or a
    28  pharmacy owned and operated by such a facility, as  defined  in  article
    29  one  hundred  thirty-seven-A  of  this title, no] No licensed pharmacist
    30  shall obtain the assistance of more than four registered pharmacy  tech-
    31  nicians  or six unlicensed persons, in the performance of the activities
    32  that do not require licensure, the  total  of  such  persons  shall  not
    33  exceed  [four]  six individuals at any one time.  Pharmacy interns shall
    34  be exempt from such ratios, but shall be supervised in  accordance  with
    35  the commissioner's regulations.  Individuals who are responsible for the
    36  act  of  placing  drugs which are in unit-dose packaging into medication
    37  carts as part of an approved  unit-dose  drug  distribution  system  for
    38  patients  in  institutional  settings  shall  be exempt from such ratio,
    39  provided that such individuals are not also engaged  in  performing  the
    40  activities  set  forth in paragraph (b), (c), (d), (e), (f), (g), (h) or
    41  (i) of subdivision one of this section. The  licensed  pharmacist  shall
    42  provide  the degree of supervision of such persons as may be appropriate
    43  to ensure compliance with the relevant provisions of regulations of  the
    44  commissioner.
    45    §  3.  This  act  shall  take  effect on the same date and in the same
    46  manner as chapter 414 of the laws of 2019 takes effect.
 
    47                                   PART I
 
    48    Section 1. Subdivision 7 of section 6527  of  the  education  law,  as
    49  amended  by  chapter  46  of  the  laws  of  2015, is amended to read as
    50  follows:
    51    7. A licensed physician may prescribe and  order  a  patient  specific
    52  order or non-patient specific regimen to a licensed pharmacist, pursuant
    53  to  regulations promulgated by the commissioner, and consistent with the
    54  public health law, for administering immunizations to prevent influenza,

        S. 7507--A                         100                        A. 9507--A
 
     1  pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
     2  pertussis disease or, for patients eighteen years of age and older,  any
     3  other  immunizations  recommended by the advisory committee on immuniza-
     4  tions  practices  of the centers for disease control and prevention, and
     5  medications required for emergency treatment of anaphylaxis. Nothing  in
     6  this subdivision shall authorize unlicensed persons to administer immun-
     7  izations, vaccines or other drugs.
     8    § 2. Subdivision 7 of section 6909 of the education law, as amended by
     9  chapter 46 of the laws of 2015, is amended to read as follows:
    10    7.  A  certified  nurse practitioner may prescribe and order a patient
    11  specific order or non-patient specific regimen to a licensed pharmacist,
    12  pursuant to regulations promulgated by the commissioner, and  consistent
    13  with  the  public health law, for administering immunizations to prevent
    14  influenza, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus,
    15  diphtheria  or  pertussis disease or, for patients eighteen years of age
    16  and older, any other immunizations recommended by the advisory committee
    17  on immunization  practices  of  the  centers  for  disease  control  and
    18  prevention,  and medications required for emergency treatment of anaphy-
    19  laxis. Nothing in this subdivision shall authorize unlicensed persons to
    20  administer immunizations, vaccines or other drugs.
    21    § 3. Paragraph (a) of subdivision 22 of section 6802 of the  education
    22  law, as amended by chapter 57 of the laws of 2018, is amended to read as
    23  follows:
    24    a. the direct application of an immunizing agent to adults, whether by
    25  injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
    26  patient specific order or non-patient  specific  regimen  prescribed  or
    27  ordered  by a physician or certified nurse practitioner, who has a prac-
    28  tice site in the county or adjoining county in which the immunization is
    29  administered, for  immunizations  to  prevent  influenza,  pneumococcal,
    30  acute  herpes  zoster,  meningococcal,  tetanus, diphtheria or pertussis
    31  disease or, for patients eighteen years of  age  and  older,  any  other
    32  immunizations  recommended  by  the  advisory committee on immunizations
    33  practices of the centers for disease control and prevention, and medica-
    34  tions required for emergency treatment of anaphylaxis.  If  the  commis-
    35  sioner  of  health  determines  that there is an outbreak of disease, or
    36  that there is the imminent threat of an outbreak of  disease,  then  the
    37  commissioner of health may issue a non-patient specific regimen applica-
    38  ble statewide.
    39    §   4.  Section 6801-a of the education law, as amended by chapter 238
    40  of the laws of 2015, is amended to read as follows:
    41    §  6801-a.  Collaborative  drug  therapy   management   [demonstration
    42  program].    1.  As used in this section, the following terms shall have
    43  the following meanings:
    44    a. "Board" shall mean the state board of pharmacy  as  established  by
    45  section sixty-eight hundred four of this article.
    46    b. "Clinical services" shall mean the collection and interpretation of
    47  patient  data  for the purpose of [initiating, modifying and] monitoring
    48  drug therapy and prescribing in order to adjust or manage  drug  therapy
    49  with  associated  accountability  and  responsibility  for outcomes in a
    50  direct patient care setting.
    51    c. "Collaborative drug therapy management" shall mean the  performance
    52  of  clinical services by a pharmacist relating to the review, evaluation
    53  and management of drug therapy to a patient, who is being treated  by  a
    54  physician  or  nurse  practitioner  for a specific disease or associated
    55  disease states, in accordance with a written agreement or protocol  with
    56  a  voluntarily  participating  physician  or  nurse practitioner [and in

        S. 7507--A                         101                        A. 9507--A

     1  accordance with the policies, procedures, and protocols of  the  facili-
     2  ty].  Such  agreement  or  protocol  as entered into by the physician or
     3  nurse practitioner, and a pharmacist, may include[, and shall be limited
     4  to]:
     5    (i) [adjusting or managing] prescribing in order to adjust or manage a
     6  drug  regimen of a patient, pursuant to a patient specific order or non-
     7  patient specific protocol made by  the  patient's  physician,  or  nurse
     8  practitioner,  which  may  include adjusting drug strength, frequency of
     9  administration or route of administration[. Adjusting the  drug  regimen
    10  shall  not  include  substituting] or selecting a [different] drug which
    11  differs from  that  initially  prescribed  by  the  patient's  physician
    12  [unless such substitution is expressly] or nurse practitioner as author-
    13  ized  in  the  written agreement [order] or protocol, provided, however,
    14  that the pharmacist shall appropriately consider  clinical  benefit  and
    15  cost  to the patient and/or payer in discharging these responsibilities.
    16  The pharmacist shall be required to immediately document in the  patient
    17  record  changes  made  to  the  patient's drug therapy and shall use any
    18  reasonable means or method established by the facility  or  practice  to
    19  notify  the  patient's  other treating physicians, physician assistants,
    20  nurse practitioners and other professionals as required by the  facility
    21  or  the  collaborative  practice agreement [with whom he or she does not
    22  have a  written  agreement  or  protocol  regarding  such  changes.  The
    23  patient's physician may prohibit, by written instruction, any adjustment
    24  or change in the patient's drug regimen by the pharmacist];
    25    (ii) evaluating and[, only if specifically] as authorized by the writ-
    26  ten  agreement or protocol and only to the extent necessary to discharge
    27  the responsibilities set forth in this section, ordering  disease  state
    28  laboratory tests related to the drug therapy management for the specific
    29  disease or disease [state] states specified within the written agreement
    30  or protocol; and
    31    (iii) [only if specifically] as authorized by the written agreement or
    32  protocol  and only to the extent necessary to discharge the responsibil-
    33  ities set forth in this section, ordering or performing routine  patient
    34  monitoring  functions  as  may  be necessary in the drug therapy manage-
    35  ment[, including the collecting and reviewing of patient histories,  and
    36  ordering  or checking patient vital signs, including pulse, temperature,
    37  blood pressure and respiration].
    38    d. "Facility" shall mean[:  (i)]  a  [teaching  hospital  or]  general
    39  hospital, [including any] diagnostic center, treatment center, or hospi-
    40  tal-based  outpatient  department  as  defined  in  section twenty-eight
    41  hundred one of the public health law[; or (ii)],  a  residential  health
    42  care  facility  or  nursing  home  with an on-site pharmacy staffed by a
    43  licensed pharmacist or any facility as defined in  section  twenty-eight
    44  hundred  one  of  the  public  health  law or other entity that provides
    45  direct patient care under the auspices of a medical director;  provided,
    46  however,  for the purposes of this section the term "facility" shall not
    47  include dental clinics, dental dispensaries,  [residential  health  care
    48  facilities] and rehabilitation centers.
    49    For  the purposes of this section, [a "teaching hospital" shall mean a
    50  hospital licensed pursuant to article twenty-eight of the public  health
    51  law  that  is  eligible  to  receive direct or indirect graduate medical
    52  education payments pursuant to article twenty-eight of the public health
    53  law.] a "practice" shall mean a place or situation in which  physicians,
    54  and nurse practitioners either alone or in group practices provide diag-
    55  nostic and treatment care for patients.

        S. 7507--A                         102                        A. 9507--A
 
     1    e. "Physician or nurse practitioner" shall mean the physician or nurse
     2  practitioner  selected  by  or  assigned  to  a patient, who has primary
     3  responsibility for the treatment and care of the patient for the disease
     4  and associated disease states that are the subject of the  collaborative
     5  drug therapy management.
     6    f.  "Written  agreement  or  protocol"  shall mean a written document,
     7  pursuant to and consistent with any applicable state or federal require-
     8  ments, that addresses a specific disease or  associated  disease  states
     9  and  that  describes  the nature and scope of collaborative drug therapy
    10  management to be undertaken by the pharmacists,  in  collaboration  with
    11  the  participating  physician, nurse practitioner or facility in accord-
    12  ance with the provisions of this section.
    13    2. a. A pharmacist who meets the experience requirements of  paragraph
    14  b  of  this  subdivision and who is [employed by or otherwise affiliated
    15  with a facility] certified by the department to engage in  collaborative
    16  drug  therapy  management  and  who  is  either employed by or otherwise
    17  affiliated with a facility or is participating with a practicing  physi-
    18  cian  or  nurse  practitioner shall be permitted to enter into a written
    19  agreement or protocol with a physician, nurse practitioner  or  facility
    20  authorizing  collaborative drug therapy management, subject to the limi-
    21  tations set forth in this section, within the scope of  such  employment
    22  [or],  affiliation  or  participation. Only pharmacists so certified may
    23  engage in collaborative drug  therapy  management  as  defined  in  this
    24  section.
    25    b. A participating pharmacist must[:
    26    (i)(A)  have been awarded either a master of science in clinical phar-
    27  macy or a doctor of pharmacy degree;
    28    (B)] maintain a current unrestricted license[;], and
    29    [(C) have a minimum of two years experience, of  which  at  least  one
    30  year  of  such  experience shall include clinical experience in a health
    31  facility, which involves consultation with physicians  with  respect  to
    32  drug  therapy  and  may include a residency at a facility involving such
    33  consultation; or
    34    (ii)(A) have been awarded a bachelor of science in pharmacy;
    35    (B) maintain a current unrestricted license; and
    36    (C) within the last seven years, have a minimum of three years experi-
    37  ence, of which at least one year of such experience shall include  clin-
    38  ical  experience  in a health facility, which involves consultation with
    39  physicians with respect to drug therapy and may include a residency at a
    40  facility involving such consultation; and
    41    (iii) meet any additional education, experience, or other requirements
    42  set forth by the department  in  consultation  with  the  board.]  shall
    43  satisfy any two of the following criteria:
    44    (i)  certification  in  a  relevant area of practice including but not
    45  limited to ambulatory care, critical care, geriatric  pharmacy,  nuclear
    46  pharmacy, nutrition support pharmacy, oncology pharmacy, pediatric phar-
    47  macy,  pharmacotherapy, or psychiatric pharmacy, from a national accred-
    48  iting body as approved by the department;
    49    (ii) postgraduate residency through an accredited postgraduate program
    50  requiring at least fifty percent of the experience be in direct  patient
    51  care services with interdisciplinary terms; or
    52    (iii)  have  provided  clinical  services to patients for at least one
    53  year either:
    54    (A) under a collaborative practice agreement or protocol with a physi-
    55  cian, nurse practitioner or

        S. 7507--A                         103                        A. 9507--A
 
     1    (B) has documented experience in provision  of  clinical  services  to
     2  patients for at least one year or one thousand hours, and deemed accept-
     3  able to the department upon recommendation of the board of pharmacy.
     4    c. Notwithstanding any provision of law, nothing in this section shall
     5  prohibit  a licensed pharmacist from engaging in clinical services asso-
     6  ciated with collaborative drug therapy  management,  in  order  to  gain
     7  experience necessary to qualify under [clause (C) of subparagraph (i) or
     8  (ii)  of paragraph b] clause (B) of subparagraph (iii) of paragraph b of
     9  this subdivision, provided that such practice is under  the  supervision
    10  of  a  pharmacist  that  currently meets the referenced requirement, and
    11  that such practice is authorized under the written agreement or protocol
    12  with the physician or nurse practitioner or facility.
    13    d. Notwithstanding any provision of this section, nothing herein shall
    14  authorize the pharmacist to diagnose disease. In the event that a treat-
    15  ing physician or nurse practitioner may disagree with  the  exercise  of
    16  professional  judgment  by  a  pharmacist,  the judgment of the treating
    17  physician or nurse practitioner shall prevail.
    18    3. [The physician who is a party to a written  agreement  or  protocol
    19  authorizing  collaborative  drug therapy management shall be employed by
    20  or otherwise affiliated with the same facility with which the pharmacist
    21  is also employed or affiliated.
    22    4. The existence of a written agreement or protocol  on  collaborative
    23  drug therapy management and the patient's right to choose to not partic-
    24  ipate in collaborative drug therapy management shall be disclosed to any
    25  patient  who  is  eligible to receive collaborative drug therapy manage-
    26  ment. Collaborative drug therapy management shall not be utilized unless
    27  the patient or the  patient's  authorized  representative  consents,  in
    28  writing,  to such management. If the patient or the patient's authorized
    29  representative consents, it shall be  noted  on  the  patient's  medical
    30  record.  If  the  patient or the patient's authorized representative who
    31  consented to collaborative drug therapy management chooses to no  longer
    32  participate  in  such  management, at any time, it shall be noted on the
    33  patient's medical record. In addition,  the  existence  of  the  written
    34  agreement or protocol and the patient's consent to such management shall
    35  be  disclosed  to the patient's primary physician and any other treating
    36  physician or healthcare provider.
    37    5.] A pharmacist who is certified  by  the  department  to  engage  in
    38  collaborative  drug therapy management may enter into a written collabo-
    39  rative practice agreement or protocol with a  physician,  nurse  practi-
    40  tioner  or  practice  as  an  independent  health care provider or as an
    41  employee of a pharmacy or other health care provider.   In  a  facility,
    42  the  physician  or nurse practitioner and the pharmacist who are parties
    43  to a written agreement or protocol authorizing collaborative drug thera-
    44  py management shall be employed by or be otherwise affiliated  with  the
    45  facility.
    46    4. Participation in a written agreement or protocol authorizing colla-
    47  borative  drug  therapy  management  shall be voluntary, and no patient,
    48  physician, nurse practitioner, pharmacist, or facility shall be required
    49  to participate.
    50    [6. Nothing in this section shall be deemed  to  limit  the  scope  of
    51  practice of pharmacy nor be deemed to limit the authority of pharmacists
    52  and physicians to engage in medication management prior to the effective
    53  date of this section and to the extent authorized by law.]
    54    § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
    55  tion  law  and the public health law relating to immunizing agents to be

        S. 7507--A                         104                        A. 9507--A
 
     1  administered to adults by pharmacists, as amended by section 3  of  part
     2  DD of chapter 57 of the laws of 2018, is amended to read as follows:
     3    §  8.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law   [and shall expire and be  deemed  repealed  July  1,
     5  2020].
     6    § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
     7  tion  law  relating  to  authorizing a licensed pharmacist and certified
     8  nurse practitioner to administer certain immunizing agents,  as  amended
     9  by section 4 of part DD of chapter 57 of the laws of 2018, is amended to
    10  read as follows:
    11    §  5.   This act shall take effect on the ninetieth day after it shall
    12  have become a law[, provided, however, that the provisions  of  sections
    13  one,  two  and four of this act shall expire and be deemed repealed July
    14  1, 2020 provided, that:
    15    (a) the amendments to subdivision 7 of section 6527 of  the  education
    16  law  made by section one of this act shall not affect the repeal of such
    17  subdivision and shall be deemed to be repealed therewith;
    18    (b) the amendments to subdivision 7 of section 6909 of  the  education
    19  law, made by section two of this act shall not affect the repeal of such
    20  subdivision and shall be deemed to be repealed therewith;
    21    (c)  the amendments to subdivision 22 of section 6802 of the education
    22  law made by section three of this act shall not  affect  the  repeal  of
    23  such subdivision and shall be deemed to be repealed therewith; and
    24    (d)  the  amendments  to  section  6801  of  the education law made by
    25  section four of this act shall not affect the expiration of such section
    26  and shall be deemed to expire therewith].
    27    § 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
    28  tion law relating to authorizing a  licensed  pharmacist  and  certified
    29  nurse   practitioner  to  administer  meningococcal  disease  immunizing
    30  agents, is amended to read as follows:
    31    § 4. This act shall take effect on the ninetieth day  after  it  shall
    32  have become a law[; provided, that:
    33    (a)  the  amendments to subdivision 7 of section 6527 of the education
    34  law, made by section one of this act shall not affect the expiration and
    35  reversion of such subdivision, as provided in section 6 of  chapter  116
    36  of the laws of 2012, and shall be deemed to expire therewith; and
    37    (b)  the  amendments to subdivision 7 of section 6909 of the education
    38  law, made by section two of this act shall not affect the expiration and
    39  reversion of such subdivision, as provided in section 6 of  chapter  116
    40  of the laws of 2012, and shall be deemed to be expire therewith; and
    41    (c)  the amendments to subdivision 22 of section 6802 of the education
    42  law made by section three of this act shall not affect the expiration of
    43  such subdivision and shall be deemed to expire therewith].
    44    § 8. Section 5 of chapter 21 of the laws of 2011, amending the  educa-
    45  tion  law  relating  to authorizing pharmacists to perform collaborative
    46  drug therapy management with physicians in certain settings, as  amended
    47  by section 5 of part DD of chapter 57 of the laws of 2018, is amended to
    48  read as follows:
    49    § 5. This act shall take effect on the one hundred twentieth day after
    50  it  shall  have become a law[, provided, however, that the provisions of
    51  sections two, three, and four of this act shall  expire  and  be  deemed
    52  repealed  July 1, 2020; provided, however, that the amendments to subdi-
    53  vision 1 of section 6801 of the education law made  by  section  one  of
    54  this act shall be subject to the expiration and reversion of such subdi-
    55  vision  pursuant  to  section 8 of chapter 563 of the laws of 2008, when
    56  upon such date the provisions of section one-a of this  act  shall  take

        S. 7507--A                         105                        A. 9507--A

     1  effect;  provided,  further, that effective]. Effective immediately, the
     2  addition, amendment and/or repeal of any rule  or  regulation  necessary
     3  for  the implementation of this act on its effective date are authorized
     4  and directed to be made and completed on or before such effective date.
     5    §  9.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2020; provided,
     7  however, that section four of this act shall  take  effect  on  the  one
     8  hundred eightieth day after it shall have become a law.
 
     9                                   PART J
 
    10    § 1. Paragraphs 1 and 2 of subsection (a) of section 605 of the finan-
    11  cial  services  law,  as amended by chapter 377 of the laws of 2019, are
    12  amended to read as follows:
    13    (1) When a health care plan receives a  bill  for  emergency  services
    14  from  a  non-participating  physician  or hospital, including a bill for
    15  inpatient services which follow an emergency room visit, the health care
    16  plan shall pay an amount that it determines is reasonable for the  emer-
    17  gency  services,  including inpatient services which follow an emergency
    18  room visit, rendered by the non-participating physician or hospital,  in
    19  accordance  with section three thousand two hundred twenty-four-a of the
    20  insurance law, except  for  the  insured's  co-payment,  coinsurance  or
    21  deductible,  if  any,  and  shall ensure that the insured shall incur no
    22  greater out-of-pocket costs for the emergency services, including  inpa-
    23  tient  services  which  follow an emergency room visit, than the insured
    24  would have incurred with a participating physician or hospital [pursuant
    25  to subsection (c) of section three thousand two hundred forty-one of the
    26  insurance law]. If an insured assigns benefits  to  a  non-participating
    27  physician or hospital in relation to emergency services, including inpa-
    28  tient  services  which  follow an emergency room visit, provided by such
    29  non-participating physician or hospital, the non-participating physician
    30  or hospital may bill the health care plan for the  [emergency]  services
    31  rendered.  Upon  receipt of the bill, the health care plan shall pay the
    32  non-participating physician or hospital the amount  prescribed  by  this
    33  section  and any subsequent amount determined to be owed to the hospital
    34  in relation to the  emergency  services  provided,  including  inpatient
    35  services which follow an emergency room visit.
    36    (2)  A  non-participating  physician or hospital or a health care plan
    37  may submit a dispute regarding a fee or payment for emergency  services,
    38  including  inpatient  services which follow an emergency room visit, for
    39  review to an independent dispute resolution entity.
    40    § 2. Paragraph 1 of subsection (b) of section  605  of  the  financial
    41  services  law, as amended by chapter 377 of the laws of 2019, is amended
    42  to read as follows:
    43    (1) A patient that is not an insured or the  patient's  physician  may
    44  submit a dispute regarding a fee for emergency services, including inpa-
    45  tient  services  which  follow an emergency room visit, for review to an
    46  independent dispute resolution entity upon approval of  the  superinten-
    47  dent.
    48    §  3.  Subsection  (d) of section 605 of the financial services law is
    49  REPEALED and subsection (e) is relettered subsection (d).
    50    § 4. Section 606 of the financial services law, as added by section 26
    51  of part H of chapter 60 of the laws of  2014,  is  amended  to  read  as
    52  follows:
    53    §  606.  Hold harmless and assignment of benefits [for surprise bills]
    54  for insureds. (a) When an insured assigns benefits for a  surprise  bill

        S. 7507--A                         106                        A. 9507--A
 
     1  in  writing  to  a non-participating physician that knows the insured is
     2  insured under a health care plan, the non-participating physician  shall
     3  not bill the insured except for any applicable copayment, coinsurance or
     4  deductible  that  would  be owed if the insured utilized a participating
     5  physician.
     6    (b) When an insured assigns benefits for emergency services, including
     7  inpatient services which follow an emergency room visit, to a non-parti-
     8  cipating physician or hospital that knows the insured is insured under a
     9  health care plan, the non-participating physician or hospital shall  not
    10  bill  the  insured  except  for any applicable copayment, coinsurance or
    11  deductible that would be owed if the insured  utilized  a  participating
    12  physician or hospital.
    13    §  5.  The  civil  practice  law  and rules is amended by adding a new
    14  section 213-d to read as follows:
    15    § 213-d. Actions to be commenced within three years; medical debt.  An
    16  action  on  a  medical debt by a hospital licensed under article twenty-
    17  eight of the public health law or a health care professional  authorized
    18  under  title  eight of the education law shall be commenced within three
    19  years of treatment.
    20    § 6. This act shall take effect immediately.
 
    21                                   PART K
 
    22    Section 1. Paragraphs (n), (p) and (q) of  subdivision  1  of  section
    23  2995-a  of the public health law, as added by chapter 542 of the laws of
    24  2000, are amended and three new paragraphs (r), (s) and (t) are added to
    25  read as follows:
    26    (n) (i) the location of the licensee's primary practice setting  iden-
    27  tified as such; [and]
    28    (ii)  [the  names  of  any  licensed physicians with whom the licensee
    29  shares a group practice, as defined in subdivision five of  section  two
    30  hundred  thirty-eight  of  this  chapter]  hours  of  operation  of  the
    31  licensee's primary practice setting;
    32    (iii) availability of assistive technology at the  licensee's  primary
    33  practice setting; and
    34    (iv) whether the licensee is accepting new patients;
    35    (p)  whether  the  licensee  participates  in the medicaid or medicare
    36  program or any  other  state  or  federally  financed  health  insurance
    37  program; [and]
    38    (q)  health  care plans with which the licensee has contracts, employ-
    39  ment, or other affiliation[.] provided that the reporting  and  accuracy
    40  of  such  information  shall not be the responsibility of the physician,
    41  but shall be included and updated by the department  utilizing  provider
    42  network participation information, or other reliable sources of informa-
    43  tion submitted by the health care plans;
    44    (r) the physician's website and social media accounts;
    45    (s) the names of any licensed physicians with whom the licensee shares
    46  a  group practice, as defined in subdivision five of section two hundred
    47  thirty-eight of this chapter; and
    48    (t) workforce research and planning information as determined  by  the
    49  commissioner.
    50    §  2.  Section  2995-a of the public health law is amended by adding a
    51  new subdivision 1-b to read as follows:
    52    1-b. (a) For the purposes of this section, a  physician  licensed  and
    53  registered  to practice in this state may authorize a designee to regis-

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     1  ter, transmit, enter  or  update  information  on  his  or  her  behalf,
     2  provided that:
     3    (i)  the  designee  so  authorized is employed by the physician or the
     4  same professional practice or is under contract with such practice;
     5    (ii) the physician takes reasonable steps to ensure that such designee
     6  is sufficiently competent in the profile requirements;
     7    (iii) the physician remains responsible for ensuring the  accuracy  of
     8  the  information provided and for any failure to provide accurate infor-
     9  mation; and
    10    (iv) the physician shall notify the department  upon  terminating  the
    11  authorization of any designee, in a manner determined by the department.
    12    (b) The commissioner shall grant access to the profile in a reasonably
    13  prompt  manner  to  designees  authorized  by physicians and establish a
    14  mechanism to prevent designees terminated pursuant to subparagraph  (iv)
    15  of  paragraph  (a)  of  this subdivision from accessing the profile in a
    16  reasonably prompt manner following notification of termination.
    17    § 3. Subdivision 4 of section 2995-a of  the  public  health  law,  as
    18  amended  by  section  3  of part A of chapter 57 of the laws of 2015, is
    19  amended to read as follows:
    20    4. Each physician shall periodically report to the department on forms
    21  and in the time and manner required by the commissioner any other infor-
    22  mation as is required by the department for the development of  profiles
    23  under  this  section  which  is  not otherwise reasonably obtainable. In
    24  addition to such periodic reports and providing  the  same  information,
    25  each  physician  shall  update his or her profile information within the
    26  six months prior to [the expiration date of such  physician's  registra-
    27  tion  period] submission of the re-registration application, as a condi-
    28  tion of registration renewal  [under  article  one  hundred  thirty-one]
    29  pursuant to section sixty-five hundred twenty-four of the education law.
    30  Except  for optional information provided and information required under
    31  subparagraph (iv) of paragraph (n) and paragraphs (q) and (t) of  subdi-
    32  vision  one  of  this section, physicians shall notify the department of
    33  any change in the profile information within thirty days of such change.
    34    § 4. Subdivision 6 of section 2995-a of  the  public  health  law,  as
    35  added by chapter 542 of the laws of 2000, is amended to read as follows:
    36    6.  A  physician  may  elect  to  have his or her profile omit certain
    37  information provided pursuant to paragraphs (k), (l), (m), [(n) and (q)]
    38  (r) and (s) of subdivision one of this section.    Information  provided
    39  pursuant  to  paragraph  (t) of subdivision one of this section shall be
    40  omitted from a physician's profile and shall be exempt  from  disclosure
    41  under  article six of the public officers law. In collecting information
    42  for such profiles and  disseminating  the  same,  the  department  shall
    43  inform  physicians  that they may choose not to provide such information
    44  required pursuant to paragraphs (k), (l), (m), [(n) and (q)] (r) and (s)
    45  of subdivision one of this section.
    46    § 5. This act shall take effect on the one hundred eightieth day after
    47  it shall have become a law.
 
    48                                   PART L
 
    49    Section 1. Subdivision 1 of section 6502  of  the  education  law,  as
    50  amended  by  chapter  599  of  the  laws of 1996, is amended and two new
    51  subdivisions 1-a and 1-b are added to read as follows:
    52    1. [A] Except pursuant to subdivision one-a of this section, a license
    53  shall be valid during the life of the holder unless revoked, annulled or
    54  suspended by the board of regents [or in the case of physicians,  physi-

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     1  cians   practicing  under  a  limited  permit,  physician's  assistants,
     2  specialist's assistants and medical residents, the licensee is  stricken
     3  from  the  roster of such licensees by the board of regents on the order
     4  of the state board for professional medical conduct in the department of
     5  health.  A  licensee  must  register  with  the  department and meet the
     6  requirements prescribed in section 3-503 of the general obligations  law
     7  to practice in this state].
     8    1-a.  In the case of physicians, physicians practicing under a limited
     9  permit, physician assistants, specialist assistants  and  medical  resi-
    10  dents, a license shall be valid during the life of the holder unless:
    11    (i)  the licensee is stricken from the roster of such licensees by the
    12  board of regents on the  order  of  the  state  board  for  professional
    13  medical conduct in the department of health; or
    14    (ii)  the  licensee has failed to register with the department for two
    15  consecutive registration periods, in which case the  licensee  shall  be
    16  immediately  stricken  from the roster of such licensees by the board of
    17  regents.
    18    1-b. A licensee  must  register  with  the  department  and  meet  the
    19  requirements  prescribed in section 3-503 of the general obligations law
    20  to practice in this state.
    21    § 2. Section 6524 of the education law is  amended  by  adding  a  new
    22  subdivision 6-a to read as follows:
    23    (6-a)  Fingerprints  and  criminal  history  record  check: consent to
    24  submission of fingerprints for purposes of conducting a criminal history
    25  record check. The commissioner shall submit to the division of  criminal
    26  justice  services  two  sets of fingerprints of applicants for licensure
    27  pursuant to this article, and the division of criminal justice  services
    28  processing  fee imposed pursuant to subdivision eight-a of section eight
    29  hundred thirty-seven of the executive law and any  fee  imposed  by  the
    30  federal  bureau  of  investigation.  The  division  of  criminal justice
    31  services and the federal bureau  of  investigation  shall  forward  such
    32  criminal  history record to the commissioner in a timely manner. For the
    33  purposes of this section, the term "criminal history record" shall  mean
    34  a  record  of all convictions of crimes and any pending criminal charges
    35  maintained on an individual by the division of criminal justice services
    36  and the federal bureau  of  investigation.  All  such  criminal  history
    37  records  sent  to the commissioner pursuant to this subdivision shall be
    38  confidential pursuant to the applicable federal and  state  laws,  rules
    39  and  regulations,  and shall not be published or in any way disclosed to
    40  persons other than the commissioner, unless otherwise authorized by law;
    41    § 3. Paragraph (c) of subdivision 9 and subdivisions 20, 28, and 31 of
    42  section 6530 of the education law, as added by chapter 606 of  the  laws
    43  of  1991,  are  amended  and  a  new  subdivision 51 is added to read as
    44  follows:
    45    (c) Having been found guilty in an adjudicatory proceeding of  violat-
    46  ing  a state or federal statute or regulation, pursuant to a final deci-
    47  sion or determination, and when no appeal is pending,  or  after  resol-
    48  ution  of  the proceeding or a complaint alleging a violation of a state
    49  or federal statute or regulation by stipulation or agreement,  and  when
    50  the  violation would constitute professional misconduct pursuant to this
    51  section;
    52    20. Conduct [in the practice of medicine] which evidences moral unfit-
    53  ness to practice medicine;
    54    28. Failing to respond within [thirty] ten days  to  written  communi-
    55  cations from the department of health and to make available any relevant
    56  records  with  respect  to  an inquiry or complaint about the licensee's

        S. 7507--A                         109                        A. 9507--A
 
     1  professional misconduct. The period of [thirty] ten days shall  commence
     2  on  the  date  when  such  communication was delivered personally to the
     3  licensee. If the communication is sent from the department of health  by
     4  registered  or  certified  mail,  with  return receipt requested, to the
     5  address appearing in the last registration, the period of  [thirty]  ten
     6  days  shall  commence  on the date of delivery to the licensee, as indi-
     7  cated by the return receipt;
     8    31. Willfully harassing, abusing, or intimidating a  patient  [either]
     9  or a patient's caregiver or surrogate physically or verbally;
    10    51.  Except  for good cause shown, failing to notify the department of
    11  health within twenty-four hours of having been charged with a  crime  in
    12  any jurisdiction or of any event meeting the definitions of professional
    13  misconduct set forth in subdivision nine of this section.
    14    § 4. Section 6532 of the education law, as added by chapter 606 of the
    15  laws of 1991, is amended to read as follows:
    16    § 6532. Enforcement,  administration  and interpretation of this arti-
    17  cle.  The board [of] for professional medical conduct and the department
    18  of health shall enforce, administer and interpret this  article.  Before
    19  issuing a declaratory ruling pursuant to section two hundred four of the
    20  state  administrative  procedure  act  with respect to this article, the
    21  department of health shall fully consult with the department  of  educa-
    22  tion.  [Neither  the commissioner of education, the board of regents nor
    23  the] The commissioner of health may promulgate any rules or  regulations
    24  concerning this article.
    25    § 5. Subdivision 4 of section 206 of the public health law, as amended
    26  by chapter 602 of the laws of 2007, is amended to read as follows:
    27    4. The commissioner may:
    28    (a)  issue  subpoenas,  compel  the attendance of witnesses and compel
    29  them to testify in any matter or proceeding before  him,  and  may  also
    30  require  a  witness  to  attend  and give testimony in a county where he
    31  resides or has a place of business without the payment of any fees;
    32    (b) require, in writing, the production of any and all relevant  docu-
    33  ments in the possession or control of an individual or entity subject to
    34  an  investigation or inquiry under this chapter. Unless a shorter period
    35  is specified in such writing,  as  determined  for  good  cause  by  the
    36  commissioner, the required documents shall be produced no later than ten
    37  days  after the delivery of the writing. Failure by the subject individ-
    38  ual or entity to produce to the department the required documents within
    39  the ten day or otherwise specified period shall be a violation or  fail-
    40  ure  within the meaning of paragraph (d) of this subdivision. Each addi-
    41  tional day of non-production shall be a separate violation or failure;
    42    (c) annul or modify an order, regulation, by-law  or  ordinance  of  a
    43  local  board of health concerning a matter which in his judgment affects
    44  the public health beyond the territory over which such  local  board  of
    45  health has jurisdiction;
    46    [(c)]  (d) assess any penalty prescribed for a violation of or a fail-
    47  ure to comply with any term or provision  of  this  chapter  or  of  any
    48  lawful  notice,  order or regulation pursuant thereto, not exceeding two
    49  thousand dollars for every such violation or failure, which penalty  may
    50  be assessed after a hearing or an opportunity to be heard;
    51    [(d)]  (e)  assess civil penalties against a public water system which
    52  provides water to the public for  human  consumption  through  pipes  or
    53  other  constructed conveyances, as further defined in the state sanitary
    54  code or, in the case  of  mass  gatherings,  the  person  who  holds  or
    55  promotes  the  mass  gathering as defined in subdivision five of section
    56  two hundred twenty-five of this article not to exceed twenty-five  thou-

        S. 7507--A                         110                        A. 9507--A
 
     1  sand  dollars  per  day, for each violation of or failure to comply with
     2  any term or provision of the state sanitary code as it relates to public
     3  water systems that serve a population of five thousand or  more  persons
     4  or any mass gatherings, which penalty may be assessed after a hearing or
     5  an opportunity to be heard; and
     6    (f)  seek  to obtain a warrant based on probable cause that a licensee
     7  has committed professional misconduct or a crime from a judicial officer
     8  authorized to issue a warrant.  Such warrant shall authorize the commis-
     9  sioner and any person authorized by him to have the authority to inspect
    10  all grounds, erections,  vehicles,  structures,  apartments,  buildings,
    11  places  and  the  contents  therein  and  to  remove any books, records,
    12  papers, documents, computers,  electronic  devices  and  other  physical
    13  objects.
    14    § 6. Subdivision 1 of section 230 of the public health law, as amended
    15  by chapter 537 of the laws of 1998, is amended to read as follows:
    16    1. A state board for professional medical conduct is hereby created in
    17  the  department  in  matters  of  professional  misconduct as defined in
    18  sections sixty-five hundred thirty and sixty-five hundred thirty-one  of
    19  the  education  law.  Its  physician  members  shall be appointed by the
    20  commissioner at least eighty-five percent of whom shall  be  from  among
    21  nominations  submitted  by the medical society of the state of New York,
    22  the New York state osteopathic society, the New York  academy  of  medi-
    23  cine, county medical societies, statewide specialty societies recognized
    24  by  the council of medical specialty societies, and the hospital associ-
    25  ation of New York state. Its lay  members  shall  be  appointed  by  the
    26  commissioner  with  the  approval  of the governor. The board of regents
    27  shall also appoint twenty percent of the members of the board. Not  less
    28  than  sixty-seven  percent  of  the  members  appointed  by the board of
    29  regents shall be physicians. Not less than eighty-five  percent  of  the
    30  physician  members appointed by the board of regents shall be from among
    31  nominations submitted by the medical society of the state of  New  York,
    32  the  New  York  state osteopathic society, the New York academy of medi-
    33  cine, county medical societies, statewide medical  societies  recognized
    34  by  the council of medical specialty societies, and the hospital associ-
    35  ation of New York state. Any failure to meet the  percentage  thresholds
    36  stated  in  this  subdivision  shall not be grounds for invalidating any
    37  action by or on authority of the board for professional medical  conduct
    38  or  a  committee or a member thereof. The board for professional medical
    39  conduct shall consist of not fewer than eighteen physicians licensed  in
    40  the  state  for  at  least  five  years, two of whom shall be doctors of
    41  osteopathy, not fewer than two of whom shall be physicians who  dedicate
    42  a  significant  portion of their practice to the use of non-conventional
    43  medical treatments who may be nominated by New York state medical  asso-
    44  ciations  dedicated  to the advancement of such treatments, at least one
    45  of whom shall have expertise in palliative  care,  and  not  fewer  than
    46  seven  lay  members.  An  executive  secretary shall be appointed by the
    47  chairperson and shall be a licensed physician. Such executive  secretary
    48  shall  not  be  a member of the board, shall hold office at the pleasure
    49  of, and shall have the powers and duties assigned and the annual  salary
    50  fixed  by[,  the  chairperson.  The  chairperson  shall also assign such
    51  secretaries or other persons to the board as are necessary] the  commis-
    52  sioner.
    53    §  7. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
    54  10 of section 230 of the public health law, as amended by chapter 477 of
    55  the laws of 2008, is amended to read as follows:

        S. 7507--A                         111                        A. 9507--A
 
     1    (C) If the director determines that the matter shall be  submitted  to
     2  an investigation committee, an investigation committee shall be convened
     3  [within  ninety  days  of  any  interview of the licensee]. The director
     4  shall present the investigation committee  with  relevant  documentation
     5  including, but not limited to: (1) a copy of the original complaint; (2)
     6  the  report  of  the  interviewer and the stenographic record if one was
     7  taken; (3) the report of any medical or scientific expert; (4) copies of
     8  reports  of  any  patient  record  reviews;  and  (5)   the   licensee's
     9  submissions.
    10    §  8.  Subparagraph  (v) of paragraph (a) of subdivision 10 of section
    11  230 of the public health law, as amended by chapter 477 of the  laws  of
    12  2008, is amended to read as follows:
    13    (v)  The  files of the office of professional medical conduct relating
    14  to the investigation of possible instances  of  professional  misconduct
    15  shall  be  confidential  and not subject to disclosure at the request of
    16  any person, except as provided by law in a pending  disciplinary  action
    17  or  proceeding.  The  provisions of this paragraph shall not prevent the
    18  office from sharing information  concerning  investigations  within  the
    19  department  and, pursuant to subpoena, with other duly authorized public
    20  agencies responsible for  professional  regulation  or  criminal  prose-
    21  cution.  Nothing in this subparagraph shall affect the duties of notifi-
    22  cation set forth in subdivision nine-a of this section  or  prevent  the
    23  publication  of charges or of the findings, conclusions, determinations,
    24  or order of a hearing committee pursuant to paragraphs  (d)  or  (g)  of
    25  this  subdivision. In addition, the commissioner may, in his or her sole
    26  discretion, disclose [the] any information [when, in his or her  profes-
    27  sional  judgment, disclosure of such information would avert or minimize
    28  a public health  threat]  relating  to  the  investigation  of  possible
    29  instances  of  professional  misconduct.  Any  such disclosure shall not
    30  affect the confidentiality of other information  in  the  files  of  the
    31  office of professional medical conduct related to the investigation.
    32    §  9. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of
    33  section 230 of the public health law, as amended by chapter 477  of  the
    34  laws of 2008, are amended to read as follows:
    35    (i)  A  copy  of  the  charges  and the notice of the hearing shall be
    36  served on the licensee either: (A) personally [by the  board]  at  least
    37  thirty  days  before  the hearing[.]; (B) [If personal service cannot be
    38  made after due diligence and such fact is certified under oath,  a  copy
    39  of  the charges and the notice of hearing shall be served] by registered
    40  or certified mail to the licensee's [last known] current residential  or
    41  practice  address [by the board] mailed at least fifteen days before the
    42  hearing; (C) by registered or certified  mail  to  the  licensee's  most
    43  recent mailing address pursuant to section sixty-five hundred two of the
    44  education law or the licensee's most recent mailing address on file with
    45  the department of education pursuant to the notification requirement set
    46  forth  in  subdivision  five of such section, mailed at least forty-five
    47  days before the hearing; or (D) by first  class  mail  to  an  attorney,
    48  licensed  to  practice  in  the state, who has appeared on behalf of the
    49  licensee and who has been provided with  written  authorization  of  the
    50  licensee to accept service, mailed at least thirty days before the hear-
    51  ing.
    52    (ii)  The  charges  shall be made public, consistent with subparagraph
    53  (iv) of paragraph (a) of this subdivision, [no earlier than  five  busi-
    54  ness  days]  immediately after they are served, and the charges shall be
    55  accompanied by a statement advising the licensee that  such  publication
    56  will  occur;  [provided, however, that] charges may be made public imme-

        S. 7507--A                         112                        A. 9507--A
 
     1  diately upon issuance of the commissioner's order in the case of summary
     2  action taken pursuant to subdivision twelve of this section and no prior
     3  notification of such publication need be made to the licensee.
     4    §  10. Subparagraph (ii) of paragraph (m) of subdivision 10 of section
     5  230 of the public health law, as amended by chapter 606 of the  laws  of
     6  1991, is amended to read as follows:
     7    (ii)  Administrative  warning and consultation. If the director of the
     8  office of professional medical conduct, after obtaining the  concurrence
     9  of  a majority of a committee on professional conduct, and after consul-
    10  tation with the executive secretary, determines that there  is  substan-
    11  tial  evidence of professional misconduct of a minor or technical nature
    12  or of substandard medical practice which  does  not  constitute  profes-
    13  sional  misconduct,  the  director  may  issue an administrative warning
    14  and/or provide for consultation with a panel of  one  or  more  experts,
    15  chosen  by  the director. Panels of one or more experts may include, but
    16  shall not be limited to, a peer review committee  of  a  county  medical
    17  society  or a specialty board. Administrative warnings and consultations
    18  shall be [confidential and] made public, but  shall  not  constitute  an
    19  adjudication of guilt or be used as evidence that the licensee is guilty
    20  of the alleged misconduct. However, in the event of a further allegation
    21  of  similar  misconduct by the same licensee, the matter may be reopened
    22  and further proceedings instituted as provided in this section.
    23    § 11. Paragraph (p) of subdivision 10 of section  230  of  the  public
    24  health law, as amended by chapter 599 of the laws of 1996, is amended to
    25  read as follows:
    26    (p)  Convictions  of  crimes or administrative violations.  Except for
    27  good cause shown, a licensee shall notify the department within  twenty-
    28  four hours of having been charged with a crime in any jurisdiction or of
    29  any  event  meeting the definitions of professional misconduct set forth
    30  in subdivision nine of section sixty-five hundred thirty of  the  educa-
    31  tion  law.  In  cases  of  professional  misconduct  based solely upon a
    32  violation of subdivision nine of section sixty-five  hundred  thirty  of
    33  the  education law, the director may direct that charges be prepared and
    34  served and may refer the matter to a committee on  professional  conduct
    35  for  its  review  and  report  of findings, conclusions as to guilt, and
    36  determination. In such cases, the notice of hearing shall state that the
    37  licensee shall file a written answer to each of the charges and  allega-
    38  tions  in  the  statement of charges no later than ten days prior to the
    39  hearing, and that any charge or allegation  not  so  answered  shall  be
    40  deemed  admitted, that the licensee may wish to seek the advice of coun-
    41  sel prior to filing such answer that the licensee may file a  brief  and
    42  affidavits with the committee on professional conduct, that the licensee
    43  may  appear personally before the committee on professional conduct, may
    44  be represented by counsel and may present evidence or sworn testimony in
    45  his or her behalf, and the notice may contain such other information  as
    46  may  be  considered appropriate by the director. The department may also
    47  present evidence or sworn testimony and file a brief at the  hearing.  A
    48  stenographic record of the hearing shall be made. Such evidence or sworn
    49  testimony  offered  to  the  committee  on professional conduct shall be
    50  strictly limited to evidence and testimony relating to  the  nature  and
    51  severity  of  the  penalty  to  be  imposed upon the licensee. Where the
    52  charges are based on the conviction of state law crimes in other  juris-
    53  dictions, evidence may be offered to the committee which would show that
    54  the  conviction would not be a crime in New York state. The committee on
    55  professional conduct may reasonably limit the number of witnesses  whose
    56  testimony  will  be  received and the length of time any witness will be

        S. 7507--A                         113                        A. 9507--A
 
     1  permitted to testify. The determination of the committee shall be served
     2  upon the licensee and the department in accordance with  the  provisions
     3  of  paragraph  (h) of this subdivision. A determination pursuant to this
     4  subdivision  may  be  reviewed  by  the  administrative review board for
     5  professional medical conduct.
     6    § 12. Subdivision 12 of section 230  of  the  public  health  law,  as
     7  amended  by chapter 627 of the laws of 1996, paragraph (a) as amended by
     8  chapter 477 of the laws of 2008 and paragraph (b) as amended by  section
     9  3  of  part  CC of chapter 57 of the laws of 2018, is amended to read as
    10  follows:
    11    12. Summary action. (a) Whenever the  commissioner,  (i)  after  being
    12  presented with information indicating that a licensee is causing, engag-
    13  ing  in or maintaining a condition or activity which has resulted in the
    14  transmission or suspected transmission, or is  likely  to  lead  to  the
    15  transmission,  of  communicable disease as defined in the state sanitary
    16  code or HIV/AIDS, by the state and/or a local health department  and  if
    17  in  the  commissioner's opinion it would be prejudicial to the interests
    18  of the people to delay action until an opportunity for a hearing can  be
    19  provided  in  accordance  with  the prehearing and hearing provisions of
    20  this section; [or] (ii) after requiring that a  licensee  produce  docu-
    21  ments  in accordance with subdivision four of section two hundred six of
    22  this chapter, and such licensee has failed to produce the required docu-
    23  ments within ten days, or within such shorter period as  may  have  been
    24  specified  in  the commissioner's written demand for documents; or (iii)
    25  after an investigation and a recommendation by a  committee  on  profes-
    26  sional  conduct  of  the  state  board for professional medical conduct,
    27  based upon a determination that a licensee is causing,  engaging  in  or
    28  maintaining  a condition or activity which in the commissioner's opinion
    29  [constitutes an imminent danger] presents a risk to the  health  of  the
    30  people, and that it therefore appears to be prejudicial to the interests
    31  of  the people to delay action until an opportunity for a hearing can be
    32  provided in accordance with the prehearing  and  hearing  provisions  of
    33  this  section;  the  commissioner  may  order  the  licensee, by written
    34  notice, to discontinue such dangerous  condition  or  activity  or  take
    35  certain  action  immediately  and  for  a period of [ninety] one hundred
    36  twenty days from the date of service of the order. Within  [ten]  thirty
    37  days  from  the  date  of service of the said order, the state board for
    38  professional medical conduct shall commence and regularly schedule  such
    39  hearing proceedings as required by this section, provided, however, that
    40  the  hearing  shall be completed within [ninety] one hundred twenty days
    41  of the date of service of the order. To the extent  that  the  issue  of
    42  [imminent danger] risk to the health of the people can be proven without
    43  the  attorney  representing  the  office of professional medical conduct
    44  putting in its entire case, the  committee  of  the  board  shall  first
    45  determine  whether  by  a  preponderance of the evidence the licensee is
    46  causing, engaging in  or  maintaining  a  condition  or  activity  which
    47  [constitutes  an  imminent  danger] presents a risk to the health of the
    48  people. The attorney representing the  office  of  professional  medical
    49  conduct  shall have the burden of going forward and proving by a prepon-
    50  derance of the evidence that the licensee's condition, activity or prac-
    51  tice [constitutes an imminent danger] presents a risk to the  health  of
    52  the  people.  The  licensee shall have an opportunity to be heard and to
    53  present proof. When both the office  and  the  licensee  have  completed
    54  their  cases  with  respect to the question of [imminent danger] risk to
    55  the health of the people, the committee shall promptly make a  recommen-
    56  dation to the commissioner on the issue of [imminent danger] risk to the

        S. 7507--A                         114                        A. 9507--A
 
     1  health  of  the people and determine whether the summary order should be
     2  left in effect, modified or vacated, and continue the hearing on all the
     3  remaining charges, if any, in accordance with paragraph (f) of  subdivi-
     4  sion ten of this section. Within ten days of the committee's recommenda-
     5  tion,  the  commissioner  shall  determine  whether  or not to adopt the
     6  committee's recommendations, in whole or in part,  and  shall  leave  in
     7  effect,  modify or vacate his summary order. The state board for profes-
     8  sional medical conduct shall make every reasonable effort to  avoid  any
     9  delay in completing and determining such proceedings. If, at the conclu-
    10  sion  of  the  hearing, (i) the hearing committee of the board finds the
    11  licensee guilty of one or more of the charges which are  the  basis  for
    12  the summary order, (ii) the hearing committee determines that the summa-
    13  ry  order  continue,  and (iii) the ninety day term of the order has not
    14  expired, the summary order shall remain in full force and effect until a
    15  final decision has been rendered by  the  committee  or,  if  review  is
    16  sought,  by  the  administrative  review board. A summary order shall be
    17  public upon issuance.
    18    (b) When a licensee has pleaded or been found guilty or  convicted  of
    19  committing  an  act  constituting  a  felony under New York state law or
    20  federal law, or the law of  another  jurisdiction  which,  if  committed
    21  within  this state, would have constituted a felony under New York state
    22  law, or when a licensee has been charged with committing an act  consti-
    23  tuting a felony under New York state or federal law or the law of anoth-
    24  er jurisdiction, where the licensee's alleged conduct, which, if commit-
    25  ted  within  this  state, would have constituted a felony under New York
    26  state law, and [in the commissioner's  opinion  the  licensee's  alleged
    27  conduct  constitutes  an  imminent  danger] where the licensee's alleged
    28  conduct may present a risk to the health of the people, or when the duly
    29  authorized professional disciplinary agency of another jurisdiction  has
    30  made  a  finding substantially equivalent to a finding that the practice
    31  of medicine by the licensee in that jurisdiction [constitutes  an  immi-
    32  nent  danger]  presents  a  risk  to the health of its people, or when a
    33  licensee has been disciplined by a duly authorized  professional  disci-
    34  plinary  agency  of  another jurisdiction for acts which if committed in
    35  this state would have constituted the basis for summary  action  by  the
    36  commissioner  pursuant to paragraph (a) of this subdivision, the commis-
    37  sioner, after a recommendation by a committee of professional conduct of
    38  the state board for professional medical conduct, may order  the  licen-
    39  see,  by written notice, to discontinue or refrain from practicing medi-
    40  cine in whole or in part or to take certain actions authorized  pursuant
    41  to  this  title immediately. The order of the commissioner shall consti-
    42  tute summary action against the licensee and become  public  upon  issu-
    43  ance.  The  summary  suspension  shall  remain in effect until the final
    44  conclusion of a hearing which shall commence within ninety days  of  the
    45  date  of  service  of  the commissioner's order, end within [ninety] one
    46  hundred eighty days thereafter and otherwise be held in accordance  with
    47  paragraph  (a)  of  this  subdivision,  provided, however, that when the
    48  commissioner's order is based upon a finding substantially equivalent to
    49  a finding that the practice of  medicine  by  the  licensee  in  another
    50  jurisdiction  [constitutes  an  imminent  danger] presents a risk to the
    51  health of its people, the hearing  shall  commence  within  thirty  days
    52  after  the  disciplinary  proceedings  in  that jurisdiction are finally
    53  concluded. If, at any time, the felony charge is dismissed, withdrawn or
    54  reduced to a non-felony charge, the commissioner's summary  order  shall
    55  terminate.

        S. 7507--A                         115                        A. 9507--A
 
     1    §  13.  Paragraph (a) of subdivision 1 of section 2803-e of the public
     2  health law, as amended by chapter 294 of the laws of 1985, is amended to
     3  read as follows:
     4    (a)  Hospitals  and other facilities approved pursuant to this article
     5  shall make a report or cause a report to be made within thirty  days  of
     6  the  occurrence  of  any  of the following: the suspension, restriction,
     7  termination or curtailment of the training, employment,  association  or
     8  professional privileges or the denial of the certification of completion
     9  of  training  of  an  individual  licensed pursuant to the provisions of
    10  title eight of the education law or of  a  medical  resident  with  such
    11  facility  for  reasons  related in any way to alleged mental or physical
    12  impairment, incompetence, malpractice or  misconduct  or  impairment  of
    13  patient  safety  or welfare; the voluntary or involuntary resignation or
    14  withdrawal of association or of privileges with such facility  to  avoid
    15  the imposition of disciplinary measures; notification by the hospital or
    16  facility,  to  any  entity  providing  personnel to perform professional
    17  services to such hospital or facility, that the entity shall not  assign
    18  a  particular  individual  to  provide  such services to the hospital or
    19  facility, for reasons related in any way to alleged mental  or  physical
    20  impairment,  incompetence,  malpractice  or  misconduct or impairment of
    21  patient safety or welfare; or the receipt of information which indicates
    22  that any professional licensee or medical resident has been convicted of
    23  a crime; the denial of staff privileges to a physician  if  the  reasons
    24  stated for such denial are related to alleged mental or physical impair-
    25  ment,  incompetence,  malpractice,  misconduct  or impairment of patient
    26  safety or welfare.
    27    § 14. This act shall take effect immediately and shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2020; provided,
    29  however,  that  the  amendments  to  paragraph  (a) of subdivision 10 of
    30  section 230 of the public health law made by sections 7 and  8  of  this
    31  act  shall  not affect the expiration of such paragraph and shall expire
    32  therewith.
 
    33                                   PART M
 
    34    Section 1. Paragraphs 56 and 57 of subdivision (b) of  schedule  I  of
    35  section  3306 of the public health law, as added by section 4 of part BB
    36  of chapter 57 of the laws of 2018, are amended to read as follows:
    37    (56) [3,4-dichloro-N-{(1-dimethylamino)    cyclohexylmethyl}benzamide]
    38  3,4-dichloro-N-{(1-dimethylamino)cyclohexylmethyl}benzamide.  Some trade
    39  or other names: AH-7921.
    40    (57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide  (Acetyl  Fenta-
    41  nyl)] N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.   Some  trade  or
    42  other names: Acetyl Fentanyl.
    43    §  2.  Subdivision  (b)  of  schedule  I of section 3306 of the public
    44  health law is amended by adding twenty-four new paragraphs 58,  59,  60,
    45  61,  62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78,
    46  79, 80 and 81 to read as follows:
    47    (58)  N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide.  Other   name:
    48  Butyryl Fentanyl.
    49    (59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp-
    50  ropionamide.  Other name: Beta-Hydroxythiofentanyl.
    51    (60) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide.  Other
    52  name: Furanyl Fentanyl.
    53    (61)  3,4-Dichloro-N-{2-(dimethylamino) cyclohexyl}-N-methylbenzamide.
    54  Other name:  U-47700.

        S. 7507--A                         116                        A. 9507--A

     1    (62) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide.   Other  names:
     2  Acryl Fentanyl or Acryloylfentanyl.
     3    (63)    N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
     4  Other names:  4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl  fenta-
     5  nyl.
     6    (64)     N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
     7  Other names: ortho-fluorofentanyl or 2-fluorofentanyl.
     8    (65)   N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carbox-
     9  amide.  Other name: tetrahydrofuranyl fentanyl.
    10    (66) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide.  Other
    11  name:  methoxyacetyl fentanyl.
    12    (67) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide.
    13  Other name: cyclopropyl fentanyl.
    14    (68)  N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.   Other name:
    15  Valeryl fentanyl.
    16    (69) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other
    17  name: para-fluorobutyrylfentanyl.
    18    (70) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
    19  Other name: para-methoxybutyryl fentanyl.
    20    (71)    N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
    21  Other name: para-chloroisobutyryl fentanyl.
    22    (72) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.  Other name:
    23  isobutyryl fentanyl.
    24    (73)    N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide.
    25  Other name:  cyclopentyl fentanyl.
    26    (74) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetam-
    27  ide. Other name: Ocfentanil.
    28    (75) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine.  Other name: MT-45.
    29    (76) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propion-
    30  amide.  Some trade or other names: 2'-fluoro ortho-fluorofentanyl.
    31    (77) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide.   Some
    32  trade or other names: ortho-methyl acetylfentanyl.
    33    (78)   N-(1-phenethylpiperidin-4-yl)-N,3-diphenylpropanamide.     Some
    34  trade or other names: beta'-phenyl fentanyl; hydrocinnamoyl fentanyl.
    35    (79)    N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide.
    36  Some trade or other names: thiofuranyl fentanyl.
    37    (80)  (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide.    Some
    38  trade or other names: crotonyl fentanyl.
    39    (81) Fentanyl-related substances, their isomers, esters, ethers, salts
    40  and salts of isomers, esters and  ethers.    Fentanyl-related  substance
    41  means any substance not otherwise listed in this section, that is struc-
    42  turally  related  to  fentanyl by one or more of the following modifica-
    43  tions:
    44    (i) Replacement of the phenyl portion of the phenethyl  group  by  any
    45  monocycle, whether or not further substituted in or on the monocycle;
    46    (ii)  Substitution  in  or on the phenethyl group with alkyl, alkenyl,
    47  alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
    48    (iii) Substitution in or on the piperidine ring with  alkyl,  alkenyl,
    49  alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
    50    (iv)  Replacement  of  the  aniline  ring  with any aromatic monocycle
    51  whether or not further substituted in  or  on  the  aromatic  monocycle;
    52  and/or
    53    (v) Replacement of the N-propionyl group by another acyl group.
    54    §  3.  Subdivision  (c)  of  schedule II of section 3306 of the public
    55  health law is amended by adding two new paragraphs 29 and 30 to read  as
    56  follows:

        S. 7507--A                         117                        A. 9507--A
 
     1    (29) Thiafentanil.
     2    (30) Norfentanyl.
     3    §  4. Section 3308 of the public health law is amended by adding a new
     4  subdivision 7 to read as follows:
     5    7. The commissioner may, by  regulation,  classify  as  a  schedule  I
     6  controlled substance in section three thousand three hundred six of this
     7  article  any  substance listed in Schedule I of the federal schedules of
     8  controlled substances in 21 USC § 812 or 21 CFR § 1308.11.
     9    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion, section or part of this act shall be  adjudged  by  any  court  of
    11  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    12  impair, or invalidate the remainder thereof, but shall  be  confined  in
    13  its  operation  to the clause, sentence, paragraph, subdivision, section
    14  or part thereof directly involved in the controversy in which such judg-
    15  ment shall have been rendered. It is hereby declared to be the intent of
    16  the legislature that this act would  have  been  enacted  even  if  such
    17  invalid provisions had not been included herein.
    18    §  6.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.
 
    20                                   PART N
 
    21    Section 1. The public health law is amended by adding  a  new  section
    22  2803-z to read as follows:
    23    § 2803-z. Antimicrobial resistance prevention and education.  1. Every
    24  general hospital and nursing home shall establish and implement an anti-
    25  biotic  stewardship  program  that meets or exceeds federal Medicare and
    26  Medicaid  conditions  of  participation  for  antimicrobial  stewardship
    27  programs  in  health care facilities.   Additionally, such program shall
    28  incorporate an ongoing process to measure the  impact  of  the  program,
    29  including  review,  at least annually, of antimicrobial utilization data
    30  with development of response plans for high or increasing utilization.
    31    2. Every general hospital and nursing home shall establish and  imple-
    32  ment   training   regarding   antimicrobial   resistance  and  infection
    33  prevention and control, or ensure that such training has taken place, in
    34  addition to or within existing infection control training programs,  for
    35  all  individuals  licensed  or  certified pursuant to title eight of the
    36  education law and who are required to complete  coursework  or  training
    37  regarding infection control pursuant to section 239 of the public health
    38  law or section 6505-b of the education law.
    39    3.  The  commissioner  shall make such rules and regulations as may be
    40  necessary and proper to carry out the provisions of this section.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law. Effective immediately, the addition,  amend-
    43  ment and/or repeal of any rule or regulation necessary for the implemen-
    44  tation  of  this act on its effective date are authorized to be made and
    45  completed on or before such effective date.
 
    46                                   PART O
 
    47    Section 1. Subdivisions 1, 4-b, and 7 of section 2805-i of the  public
    48  health  law, subdivision 1 as amended by section 1 of part HH of chapter
    49  57 of the laws of 2018, paragraph (c) of subdivision  1  as  amended  by
    50  chapter  681  of  the  laws  of 2019, subdivisions 4-b and 7 as added by
    51  chapter 1 of the laws of 2000, subparagraph 1 of paragraph (b) and para-
    52  graph (c) of subdivision 4-b as amended by chapter 292 of  the  laws  of

        S. 7507--A                         118                        A. 9507--A
 
     1  2008,  and  subdivision  7  as  renumbered by chapter 407 of the laws of
     2  2018, are amended to read as follows:
     3    1.  [Every]  When an alleged victim of a sexual offense seeks services
     4  from a hospital with an emergency department, such  hospital  [providing
     5  treatment  to  alleged victims of a sexual offense] shall be responsible
     6  for:
     7    (a) maintaining sexual offense evidence and the chain  of  custody  as
     8  provided in subdivision two of this section;
     9    (b)  contacting  a  rape  crisis or victim assistance organization, if
    10  any, providing victim assistance to the geographic area served  by  that
    11  hospital to establish the coordination of non-medical services to sexual
    12  offense victims who request such coordination and services;
    13    (c) offering and making available appropriate HIV post-exposure treat-
    14  ment therapies; including a full regimen of HIV post-exposure prophylax-
    15  is, in cases where it has been determined, in accordance with guidelines
    16  issued  by  the  commissioner,  that  a  significant exposure to HIV has
    17  occurred. With the consent of the victim of a sexual assault, the hospi-
    18  tal emergency room department shall provide or arrange for  an  appoint-
    19  ment  for medical follow-up related to HIV post-exposure prophylaxis and
    20  other care as appropriate, and inform the victim that payment assistance
    21  for such care may be available from the office of victim services pursu-
    22  ant to the provisions of article twenty-two of the executive law; [and]
    23    (d) ensuring sexual  assault  survivors  are  not  billed  for  sexual
    24  assault  forensic  exams  and  are notified orally and in writing of the
    25  option to decline to provide private health  insurance  information  and
    26  have  the  office of victim services reimburse the hospital for the exam
    27  pursuant to subdivision thirteen of section six  hundred  thirty-one  of
    28  the executive law[.];
    29    (e)  ensuring that the victim, absent exigent circumstances, is met by
    30  a sexual assault forensic examiner within sixty minutes of  arriving  at
    31  the  hospital and that the victim, upon consent, is promptly examined by
    32  such sexual assault forensic examiner in a private room  designated  for
    33  such examinations;
    34    (1)  the  term  examination  means the sexual assault medical forensic
    35  examination, which may include, upon consent of  the  victim,  gathering
    36  information  from the victim for the medical forensic history; a medical
    37  examination;  coordinating  treatment  of  injuries,  documentation   of
    38  biological  and  physical  findings, and collection of evidence from the
    39  victim using the sexual offense evidence collection  kit;  documentation
    40  of  findings;  information, treatment, and referrals for sexually trans-
    41  mitted infections, pregnancy, suicidal ideation, alcohol  and  substance
    42  abuse,  and  other  nonacute  medical concerns; and assessment for addi-
    43  tional treatment and services.
    44    (2) the sexual assault forensic examiner shall be a nurse  practition-
    45  er, physician assistant, registered nurse or physician specially trained
    46  and  certified in forensic examination of sexual offense victims and the
    47  preservation of forensic evidence in such cases, pursuant to regulations
    48  promulgated by the commissioner.  A  sexual  assault  forensic  examiner
    49  shall  be  available  on a twenty-four hour a day basis every day of the
    50  year.
    51    (3) during the  examination,  an  obstetrician/gynecologist  or  other
    52  appropriate  medical  doctor  shall be readily available to the forensic
    53  examiner if there is a need for more specialized medical  evaluation  or
    54  treatment.
    55    (4)  promptly  after the examination is completed, the victim shall be
    56  permitted to shower, be provided with a change of clothing, and  receive

        S. 7507--A                         119                        A. 9507--A
 
     1  follow-up  information,  counseling, medical treatment and referrals for
     2  same;
     3    (f)  designating  a  qualified staff person to exercise administrative
     4  and clinical oversight of the treatment of sexual assault  patients  who
     5  seek  care  in the hospital's emergency department, and develop policies
     6  and procedures to guarantee sufficient staffing to meet the requirements
     7  of this section;
     8    (g) ensuring that all emergency department personnel receive  training
     9  regarding  standards  of care for assessment and treatment of victims of
    10  sexual assault. Such training shall be provided by  October  first,  two
    11  thousand twenty and at least annually thereafter;
    12    (h) beginning March first, two thousand twenty-one, and annually ther-
    13  eafter, hospitals with an emergency department shall provide an attesta-
    14  tion to the department, which shall:
    15    (1)  detail  the  number  of duly trained and certified sexual assault
    16  forensic examiners available to the hospital, pursuant to paragraph  (e)
    17  of this subdivision;
    18    (2)  list the name and contact information of the staff person who has
    19  been designated by the hospital  to  oversee  the  treatment  of  sexual
    20  assault patients, pursuant to paragraph (f) of this subdivision; and
    21    (3)  affirm that the hospital has completed trainings regarding stand-
    22  ards of care for assessment and treatment of victims of sexual  assault,
    23  pursuant to paragraph (g) of this subdivision; and
    24    (i)  a  hospital  without  an  emergency  department shall establish a
    25  protocol for the transfer of sexual assault victims to a  hospital  with
    26  an  emergency  department.  The protocol must address all patient needs,
    27  including, but not limited to:
    28    (1) requirements to obtain consent from the sexual assault victim  for
    29  the transfer;
    30    (2) measures to ensure minimal delay in care;
    31    (3) procedures to prevent loss of evidence; and
    32    (4) protocols for providing care if the sexual assault victim declines
    33  a  transfer  to a hospital with an emergency department. Such a protocol
    34  may include having a sexual assault forensic examiner come to the hospi-
    35  tal.
    36    [4-b. (a) The commissioner shall, with the consent of the directors of
    37  interested hospitals in the state and in consultation with  the  commis-
    38  sioner of the division of criminal justice services, designate hospitals
    39  in  the state as the sites of a twenty-four hour sexual assault forensic
    40  examiner program. The hospital  sites  shall  be  designated  in  urban,
    41  suburban  and  rural  areas  to give as many state residents as possible
    42  ready access to the sexual  assault  forensic  examiner  program.    The
    43  commissioner,  in  consultation with the commissioner of the division of
    44  criminal justice services, shall consider the  following  criteria  when
    45  designating these sexual assault forensic examiner program sites:
    46    (1) the location of the hospital;
    47    (2)  the  hospital's capacity to provide on-site comprehensive medical
    48  services to victims of sexual offenses;
    49    (3) the capacity of the  hospital  site  to  coordinate  services  for
    50  victims  of  sexual  offenses  including  medical treatment, rape crisis
    51  counseling, psychological support, law enforcement assistance and foren-
    52  sic evidence collection;
    53    (4) the hospital's capacity to provide access to  the  sexual  assault
    54  forensic examiner site for disabled victims;
    55    (5) the hospital's existing services for victims of sexual offenses;

        S. 7507--A                         120                        A. 9507--A

     1    (6)  the  capacity  of  the  hospital site to collect uniform data and
     2  insure confidentiality of such data; and
     3    (7) the hospital's compliance with state and federally mandated stand-
     4  ards of medical care.
     5    (b)  Each  sexual  assault  forensic  examiner program site designated
     6  pursuant to this subdivision  shall  comply  with  the  requirements  of
     7  subdivisions  one, two and three of this section, and shall also provide
     8  treatment to the victim as follows:
     9    (1) The victim shall, absent exigent circumstances, be met by a sexual
    10  assault forensic examiner within sixty minutes of arriving at the hospi-
    11  tal, who shall be a nurse practitioner, physician assistant,  registered
    12  nurse  or  physician specially trained in forensic examination of sexual
    13  offense victims and the preservation of forensic evidence in such  cases
    14  and  certified  as  qualified to provide such services pursuant to regu-
    15  lations promulgated by the commissioner. Such program shall assure  that
    16  such a specially-trained forensic examiner is on-call and available on a
    17  twenty-four hour a day basis every day of the year.
    18    (2)  An  examination of the victim shall be performed promptly by such
    19  forensic examiner in a private room designated for such examinations. An
    20  obstetrician/gynecologist or other appropriate medical doctor  shall  be
    21  readily  available  to the forensic examiner if there is a need for more
    22  specialized medical evaluation or treatment.
    23    (3) Promptly after the examination is completed, the victim  shall  be
    24  permitted  to shower, be provided with a change of clothing, and receive
    25  follow-up information, counseling, medical treatment and  referrals  for
    26  same.
    27    (c)  Nothing in this subdivision shall affect the existence or contin-
    28  ued existence of any program in this state through which a trained nurse
    29  practitioner, physician assistant,  registered  nurse  or  physician  is
    30  providing  appropriate  forensic  examinations  and  related services to
    31  survivors of sexual assault.]
    32    7. On or before November thirtieth, two thousand  [two]  twenty-three,
    33  the  commissioner  shall  make  a  report to the governor, the temporary
    34  president of the senate and the speaker of the assembly  concerning  the
    35  use  and  effectiveness  of  sexual  assault  forensic [examiner program
    36  established under subdivision  four-b  of  this  section]  examiners  in
    37  providing treatment to alleged victims of a sexual offense, as set forth
    38  in subdivision one of this section.  Such report shall include an evalu-
    39  ation  of  [the  efficacy  of  such program in obtaining useful forensic
    40  evidence in sexual offense cases and  assuring]  hospitals'  ability  to
    41  provide  quality treatment to [sex] sexual offense victims. [Such report
    42  shall also recommend whether this program should be expanded  and  shall
    43  estimate the financial cost, if any, of such expansion.]
    44    §  2.  This  act shall take effect October 1, 2020; provided, however,
    45  that if chapter 681 of the laws of 2019 shall not have taken  effect  on
    46  or  before such date then the amendments to paragraph (c) of subdivision
    47  one of section 2805-i of the public health law made by  section  one  of
    48  this  act  shall  take effect on the same date and in the same manner as
    49  such chapter.   Effective immediately, the  addition,  amendment  and/or
    50  repeal  of  any  rule  or regulation necessary for the implementation of
    51  this act on its effective date are authorized to be made  and  completed
    52  on or before such effective date.
 
    53                                   PART P

        S. 7507--A                         121                        A. 9507--A
 
     1    Section  1.  Subdivisions 1 and 4 of section 1119 of the public health
     2  law, as amended by chapter 61 of the laws of 1989, are amended  to  read
     3  as follows:
     4    1.  At  the time of submitting a plan for approval as required by this
     5  article, a filing fee computed at the rate of [twelve dollars and  fifty
     6  cents]  fifty  dollars per lot shall be paid to the department or to the
     7  city, county or part-county  health  district  wherein  such  plans  are
     8  filed.
     9    4.  Notwithstanding any other provision of this title the commissioner
    10  [of health] is empowered to make administrative  arrangements  with  the
    11  commissioner  of  environmental  conservation  for  joint or cooperative
    12  administration of this title and title fifteen of article  seventeen  of
    13  the  environmental  conservation  law,  such  that only one plan must be
    14  filed and only one fee totaling [twenty-five] one  hundred  dollars  per
    15  lot must be paid.
    16    §  2.  Subdivision  4  of  section  1393  of the public health law, as
    17  amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
    18  follows:
    19    4.  The  fee for a permit shall be [two] eight hundred dollars, except
    20  that no fee shall be charged in the  case  of  a  children's  overnight,
    21  summer  day  or  traveling  summer  day camp operated by a person, firm,
    22  corporation or association for charitable,  philanthropic  or  religious
    23  purposes.
    24    §  3. Subdivision 2 of section 3551 of the public health law, as added
    25  by chapter 378 of the laws of 1990, is amended to read as follows:
    26    2. The department shall license each applicant who submits an applica-
    27  tion on a form prescribed by the commissioner and meets the requirements
    28  of this article and any rules or  regulations  promulgated  pursuant  to
    29  this article, upon payment of a registration fee of [thirty] one hundred
    30  twenty dollars.
    31    §  4. Subdivision 1 of section 3554 of the public health law, as added
    32  by chapter 378 of the laws of 1990, is amended to read as follows:
    33    1. The commissioner shall inspect each tanning facility licensed under
    34  this article and each ultraviolet radiation  device  used,  offered,  or
    35  made  available  for use in such facility, not less than biennially. The
    36  commissioner may establish a fee for such inspection,  which  shall  not
    37  exceed  [fifty]  two  hundred  dollars per ultraviolet radiation device;
    38  provided, however, that no facility shall be required to  pay  any  such
    39  fee  on  more than one occasion in any biennial registration period. The
    40  commissioner may appoint and designate, from time to  time,  persons  to
    41  make the inspections authorized by this article.
    42    §  5.  Paragraph (a) of subdivision 2 of section 905 of the labor law,
    43  as added by chapter 166 of the laws of  1991,  is  amended  to  read  as
    44  follows:
    45    (a)  The  commissioner  of  health  shall assess a fee of no more than
    46  [twenty] fifty dollars  for  each  asbestos  safety  program  completion
    47  certificate  requested  by  the  training sponsor for each full asbestos
    48  safety program and a fee of no more than  [twelve]  thirty  dollars  for
    49  each  asbestos  safety  program  completion certificate requested by the
    50  training sponsor for each refresher training  asbestos  safety  program,
    51  provided,  however, that in no event shall the cost of such certificates
    52  be assessed by the sponsor against the participants.
    53    § 6. This act shall take effect immediately.
 
    54                                   PART Q

        S. 7507--A                         122                        A. 9507--A
 
     1    Section 1. The public health  law  is  amended  by  adding  three  new
     2  sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows:
     3    § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a)  "Flavored"  shall mean any electronic cigarette, liquid nicotine,
     6  or other vapor product intended or reasonably expected to be  used  with
     7  or  for  the  consumption  of  nicotine, with a distinguishable taste or
     8  aroma, other than the taste or aroma of tobacco, imparted  either  prior
     9  to  or  during  consumption of such product or a component part thereof,
    10  including but not limited to tastes or aromas  relating  to  any  fruit,
    11  chocolate,  vanilla,  honey,  candy, cocoa, dessert, alcoholic beverage,
    12  mint, wintergreen, menthol, herb or spice, or any  concept  flavor  that
    13  imparts a taste or aroma that is distinguishable from tobacco flavor but
    14  may  not relate to any particular known flavor. An electronic cigarette,
    15  liquid nicotine, or other vapor product intended or reasonably  expected
    16  to be used with or for the consumption of nicotine, shall be presumed to
    17  be  flavored  if a product's retailer, manufacturer, or a manufacturer's
    18  agent or employee has made a statement or claim directed to consumers or
    19  the public, whether expressed or implied, that such  product  or  device
    20  has  a  distinguishable  taste or aroma other than the taste or aroma of
    21  tobacco.
    22    (b) "Liquid nicotine" shall have the same  meaning  as  set  forth  in
    23  section thirteen hundred ninety-nine-cc of this article.
    24    2.  No  person shall sell or offer for sale at retail in the state any
    25  flavored  electronic  cigarette,  flavored  liquid  nicotine,  or  other
    26  flavored  vapor  product intended or reasonably expected to be used with
    27  or for the consumption of nicotine.
    28    3. Any person who violates the provisions of  this  section  shall  be
    29  subject to a fine of not more than one hundred dollars for each individ-
    30  ual  package of flavored electronic cigarette, flavored liquid nicotine,
    31  or other flavored vapor product intended or reasonably  expected  to  be
    32  used  with  or for the consumption of nicotine sold or offered for sale,
    33  provided, however, that with respect to a manufacturer, it shall  be  an
    34  affirmative  defense  to a finding of violation pursuant to this section
    35  that such sale or offer of sale, as  applicable,  occurred  without  the
    36  knowledge,  consent,  authorization, or involvement, direct or indirect,
    37  of such manufacturer. Violations  of  this  section  shall  be  enforced
    38  pursuant  to  section  thirteen  hundred ninety-nine-ff of this article,
    39  except that any person may submit a complaint to an enforcement  officer
    40  that a violation of this section has occurred.
    41    § 1399-mm-2. Sale in pharmacies. No tobacco product, herbal cigarette,
    42  electronic  cigarette,  or  other  vapor  product intended or reasonably
    43  expected to be used with or for the consumption of  nicotine,  shall  be
    44  sold in a pharmacy or in a retail establishment that contains a pharmacy
    45  operated  as a department as defined by paragraph (f) of subdivision two
    46  of section sixty-eight hundred eight of the education law.
    47    § 1399-mm-3. Carrier oils. 1. For the purposes of this section "carri-
    48  er oils" shall mean any  ingredient  of  a  vapor  product  intended  to
    49  control  the consistency or other physical characteristics of such vapor
    50  product, to control the consistency or other physical characteristics of
    51  vapor, or to facilitate the production of vapor when such vapor  product
    52  is used in an electronic cigarette. "Carrier oils" shall not include any
    53  product  approved by the United States food and drug administration as a
    54  drug or medical device or manufactured and dispensed pursuant  to  title
    55  five-A of article thirty-three of this chapter.

        S. 7507--A                         123                        A. 9507--A
 
     1    2.  The commissioner is authorized to promulgate rules and regulations
     2  governing the sale and distribution of carrier  oils.  Such  regulations
     3  may,  to  the  extent  deemed  by  the commissioner as necessary for the
     4  protection of public health, prohibit or restrict the selling,  offering
     5  for  sale,  possessing  with  intent to sell, or distributing of carrier
     6  oils.
     7    3. The provisions of this section shall not apply where  preempted  by
     8  federal  law.    Furthermore,  the  provisions  of this section shall be
     9  severable, and if any phrase, clause, sentence, or provision is declared
    10  to be invalid, or is preempted by federal law or regulation, the validi-
    11  ty of the remainder of this section shall not be  affected  thereby.  If
    12  any  provision  of  this  section  is declared to be inapplicable to any
    13  specific category, type, or kind of carrier oil, the provisions of  this
    14  section  shall  nonetheless  continue to apply with respect to all other
    15  carrier oils.
    16    § 2. Section 1399-n of the public health law is amended  by  adding  a
    17  new subdivision 3-a to read as follows:
    18    3-a.  "Indoor  area" means any area with a full or partial roof cover-
    19  ing; provided, however, that with respect to facilities licensed  pursu-
    20  ant to article thirteen of the racing, pari-mutuel wagering and breeding
    21  law  only,  "indoor  area"  shall mean an area with a roof or ceiling in
    22  place, including a fixed or movable roof or  ceiling,  where  the  total
    23  actual  area  of  the  wall surfaces exceeds seventy-five percent of the
    24  total notional wall area, and which allow the free flow of  air  without
    25  the  assistance of mechanical ventilation, as defined by the commission-
    26  er. The commissioner may determine and enforce  a  lower  percentage  of
    27  total  actual area to notional wall area, as deemed necessary to protect
    28  the public health and the intent of  this  article;  provided,  however,
    29  that the maximum percentage determined is no lower than fifty percent of
    30  the  total  notional  wall  area. The commissioner shall promulgate such
    31  rules and regulations as are necessary to  define  notional  wall  area,
    32  mechanical  ventilation,  and  related building specifications needed to
    33  make a determination of whether or not  a  structure  falls  within  the
    34  definition of indoor area.
    35    §  3.  Section  6808  of  the education law is amended by adding a new
    36  subdivision 9 to read as follows:
    37    9. No tobacco product,  herbal  cigarette,  electronic  cigarette,  or
    38  other  vapor  product intended or reasonably expected to be used with or
    39  for the consumption of nicotine, as such terms are  defined  by  section
    40  thirteen  hundred ninety-nine-aa of the public health law, shall be sold
    41  or offered for sale at a registered pharmacy or an establishment where a
    42  pharmacy department is located.
    43    § 4. Section 1399-aa of the public health law  is  amended  by  adding
    44  five new subdivisions 14, 15, 16, 17, and 18 to read as follows:
    45    14.  "Price  reduction  instrument" means any coupon, voucher, rebate,
    46  card, paper, note, form,  statement,  ticket,  image,  or  other  issue,
    47  whether  in  paper,  digital,  or  any  other  form, used for commercial
    48  purposes to receive an article, product, service, or accommodation with-
    49  out charge or at a discounted price.
    50    15. "Tobacco menu" means a booklet,  pamphlet,  or  other  listing  of
    51  tobacco  products,  herbal cigarettes, electronic liquids, or electronic
    52  cigarettes offered for sale by a retail dealer which includes the  price
    53  of  such products. A tobacco menu may contain pictures of and advertise-
    54  ments for tobacco products, herbal cigarettes,  electronic  liquids,  or
    55  electronic cigarettes.

        S. 7507--A                         124                        A. 9507--A
 
     1    16.  "Menu  cover page" means the front cover of a tobacco menu or, if
     2  there is no front cover, the first page of such tobacco menu.
     3    17.  "Vapor  products" means any noncombustible liquid or gel, regard-
     4  less of the presence of nicotine therein, that is  manufactured  into  a
     5  finished  product  for  use  in an electronic cigarette. "Vapor product"
     6  shall not include any product approved by the  United  States  food  and
     7  drug  administration  as  a  drug or medical device, or manufactured and
     8  dispensed pursuant to title five-A of article thirty-three of this chap-
     9  ter.
    10    18. "Vapor products dealer" means a person licensed by the commission-
    11  er of tax and finance to sell vapor products in this state.
    12    § 5. The section heading and subdivisions 1, 2, 3  and  4  of  section
    13  1399-ll  of  the public health law, the section heading and subdivisions
    14  2, 3, and 4 as added by chapter 262 of the laws of 2000, and subdivision
    15  1 as amended by chapter 342 of the laws of 2013, are amended to read  as
    16  follows:
    17    Unlawful   shipment   or   transport   of  cigarettes  and  electronic
    18  cigarettes.  1. It shall be unlawful for any person engaged in the busi-
    19  ness of selling  cigarettes,  electronic  cigarettes,  liquid  nicotine,
    20  and/or  other  vapor products intended or reasonably expected to be used
    21  with or for the consumption of nicotine, to ship or cause to be  shipped
    22  any  cigarettes,  electronic  cigarettes,  liquid nicotine, and/or other
    23  vapor products intended or reasonably expected to be used  with  or  for
    24  the consumption of nicotine, to any person in this state who is not: (a)
    25  a  person  licensed  as  a cigarette tax agent or wholesale dealer under
    26  article twenty of the tax law or registered retail dealer under  section
    27  four hundred eighty-a of the tax law; (b) an export warehouse proprietor
    28  pursuant  to chapter 52 of the internal revenue code or an operator of a
    29  customs bonded warehouse pursuant to section 1311 or 1555 of title 19 of
    30  the United States Code; [or] (c) a vapor products dealer registered with
    31  the  commissioner  of  taxation  and   finance   pursuant   to   article
    32  twenty-eight-C  of  the  tax  law;  or  (d)  a person who is an officer,
    33  employee or agent of the United  States  government,  this  state  or  a
    34  department,  agency,  instrumentality  or  political  subdivision of the
    35  United States or this state and presents himself  or  herself  as  such,
    36  when  such  person  is  acting  in  accordance  with his or her official
    37  duties. For purposes of this subdivision, a  person  is  a  licensed  or
    38  registered  agent  or dealer described in paragraph (a) of this subdivi-
    39  sion if his or her name appears on a  list  of  licensed  or  registered
    40  agents  or  dealers published by the department of taxation and finance,
    41  or if such person is licensed or registered as an agent or dealer  under
    42  article twenty of the tax law.
    43    2. It shall be unlawful for any common or contract carrier to knowing-
    44  ly  transport cigarettes, electronic cigarettes, liquid nicotine, and/or
    45  other vapor products intended or reasonably expected to be used with  or
    46  for  the  consumption of nicotine to any person in this state reasonably
    47  believed by such carrier to be other than a person  described  in  para-
    48  graph (a), (b) [or], (c), or (d) of subdivision one of this section. For
    49  purposes  of  the  preceding  sentence,  if cigarettes, electronic ciga-
    50  rettes, liquid nicotine, and/or other vapor products intended or reason-
    51  ably expected to be used with or for the  consumption  of  nicotine  are
    52  transported to a home or residence, it shall be presumed that the common
    53  or  contract carrier knew that such person was not a person described in
    54  paragraph (a), (b) [or], (c), or (d) of subdivision one of this section.
    55  It shall be unlawful for any other person to knowingly  transport  ciga-
    56  rettes,  electronic  cigarettes,  liquid  nicotine,  and/or  other vapor

        S. 7507--A                         125                        A. 9507--A
 
     1  products intended or reasonably expected to be  used  with  or  for  the
     2  consumption  of  nicotine  to  any person in this state, other than to a
     3  person described in paragraph (a), (b) [or], (c), or (d) of  subdivision
     4  one  of  this section. Nothing in this subdivision shall be construed to
     5  prohibit a person other than a common or contract  carrier  from  trans-
     6  porting  not  more  than eight hundred cigarettes at any one time to any
     7  person in this state.
     8    3. When a person engaged in the business of selling cigarettes,  elec-
     9  tronic cigarettes, liquid nicotine, and/or other vapor products intended
    10  or  reasonably  expected to be used with or for the consumption of nico-
    11  tine ships or causes to be  shipped  any  cigarettes,  electronic  ciga-
    12  rettes, liquid nicotine, and/or other vapor products intended or reason-
    13  ably  expected to be used with or for the consumption of nicotine to any
    14  person in  this  state,  other  than  in  the  cigarette  manufacturer's
    15  original container or wrapping, the container or wrapping must be plain-
    16  ly  and  visibly  marked with the [word] words "cigarettes", "electronic
    17  cigarettes", or "liquid nicotine", as applicable.
    18    4. Whenever a police officer designated in section 1.20 of the  crimi-
    19  nal  procedure  law or a peace officer designated in subdivision four of
    20  section 2.10 of such law, acting pursuant to his or her special  duties,
    21  shall  discover  any cigarettes, electronic cigarettes, liquid nicotine,
    22  and/or other vapor products intended or reasonably expected to  be  used
    23  with  or  for  the  consumption of nicotine which have been or which are
    24  being shipped or transported in violation of this section,  such  person
    25  is  hereby empowered and authorized to seize and take possession of such
    26  cigarettes, electronic cigarettes, liquid nicotine, and/or  other  vapor
    27  products  intended  or  reasonably  expected  to be used with or for the
    28  consumption of nicotine, and  such  cigarettes,  electronic  cigarettes,
    29  liquid  nicotine,  and/or  other  vapor  products intended or reasonably
    30  expected to be used with or for the consumption  of  nicotine  shall  be
    31  subject  to  a forfeiture action pursuant to the procedures provided for
    32  in article thirteen-A of the civil practice law and rules,  as  if  such
    33  article  specifically  provided for forfeiture of cigarettes, electronic
    34  cigarettes, liquid nicotine, and/or other  vapor  products  intended  or
    35  reasonably  expected  to be used with or for the consumption of nicotine
    36  seized pursuant to this section as a pre-conviction forfeiture crime.
    37    § 6. Section 1399-bb of the public health law, as amended  by  chapter
    38  508  of the laws of 2000, the section heading as amended by chapter 4 of
    39  the laws of 2018, subdivision 2 as amended by chapter 13 of the laws  of
    40  2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions
    41  4  and  5  as  amended by chapter 100 of the laws of 2019, is amended to
    42  read as follows:
    43    § 1399-bb. Distribution of tobacco products, electronic liquids, elec-
    44  tronic cigarettes or herbal cigarettes  without  charge.  1.  No  person
    45  engaged  in  the  business  of selling or otherwise distributing tobacco
    46  products,  electronic  liquids,  electronic  cigarettes,   other   vapor
    47  products  intended  or  reasonably  expected  to be used with or for the
    48  consumption of nicotine, or herbal cigarettes for  commercial  purposes,
    49  or any agent or employee of such person, shall knowingly, in furtherance
    50  of such business:
    51    (a)   distribute  without  charge  any  tobacco  products,  electronic
    52  liquids, electronic cigarettes, other vapor products intended or reason-
    53  ably expected to be used with or for the  consumption  of  nicotine,  or
    54  herbal cigarettes to any individual, provided that the distribution of a
    55  package  containing  tobacco  products,  electronic  liquids, electronic
    56  cigarettes, other vapor products intended or reasonably expected  to  be

        S. 7507--A                         126                        A. 9507--A
 
     1  used  with  or  for the consumption of nicotine, or herbal cigarettes in
     2  violation of this subdivision shall constitute a single violation  with-
     3  out regard to the number of items in the package; or
     4    (b) distribute [coupons] price reduction instruments which are redeem-
     5  able  for  tobacco  products, electronic liquids, electronic cigarettes,
     6  other vapor products intended or reasonably expected to be used with  or
     7  for the consumption of nicotine, or herbal cigarettes to any individual,
     8  provided  that  this subdivision shall not apply to coupons contained in
     9  newspapers, magazines or other types of publications,  coupons  obtained
    10  through  the purchase of tobacco products electronic liquids, electronic
    11  cigarettes, other vapor products intended or reasonably expected  to  be
    12  used  with  or  for the consumption of nicotine, or herbal cigarettes or
    13  obtained at locations which sell tobacco products,  electronic  liquids,
    14  electronic  cigarettes,  other  vapor  products  intended  or reasonably
    15  expected to be used with or for the consumption of nicotine,  or  herbal
    16  cigarettes  provided  that such distribution is confined to a designated
    17  area or to coupons sent through the mail.
    18    1-a. No person  engaged  in  the  business  of  selling  or  otherwise
    19  distributing  tobacco  products,  herbal cigarettes, electronic liquids,
    20  electronic cigarettes, or other vapor products  intended  or  reasonably
    21  expected  to be used with or for the consumption of nicotine for commer-
    22  cial purposes, or any agent or employee of such person, shall knowingly,
    23  in furtherance of such business:
    24    (a) honor or accept a price reduction instrument  in  any  transaction
    25  related  to  the sale of tobacco products, herbal cigarettes, electronic
    26  liquids, electronic cigarettes, or  other  vapor  products  intended  or
    27  reasonably  expected  to be used with or for the consumption of nicotine
    28  to a consumer;
    29    (b) sell or offer for sale any tobacco  products,  herbal  cigarettes,
    30  electronic  liquids,  electronic  cigarettes,  or  other  vapor products
    31  intended or reasonably expected to be used with or for  the  consumption
    32  of  nicotine  to a consumer through any multi-package discount or other-
    33  wise provide to a consumer  any  tobacco  products,  herbal  cigarettes,
    34  electronic  liquids,  electronic  cigarettes,  or  other  vapor products
    35  intended or reasonably expected to be used with or for  the  consumption
    36  of  nicotine for less than the listed price in exchange for the purchase
    37  of any other tobacco products, herbal  cigarettes,  electronic  liquids,
    38  electronic  cigarettes,  or  other vapor products intended or reasonably
    39  expected to be used with or for the  consumption  of  nicotine  by  such
    40  consumer;
    41    (c)  sell, offer for sale, or otherwise provide any product other than
    42  a tobacco product, herbal cigarette, electronic liquid, electronic ciga-
    43  rette, or other vapor product intended or reasonably expected to be used
    44  with or for the consumption of nicotine to a consumer for less than  the
    45  listed  price  in exchange for the purchase of a tobacco product, herbal
    46  cigarette, electronic liquid, electronic cigarette, or other vapor prod-
    47  uct intended or reasonably expected to be used with or for the  consump-
    48  tion of nicotine by such consumer; or
    49    (d)  sell,  offer  for  sale,  or otherwise provide a tobacco product,
    50  herbal cigarette, electronic  liquid,  electronic  cigarette,  or  other
    51  vapor product intended or reasonably expected to be used with or for the
    52  consumption of nicotine to a consumer for less than the listed price.
    53    2. The prohibitions contained in subdivision one of this section shall
    54  not apply to the following locations:

        S. 7507--A                         127                        A. 9507--A
 
     1    (a)  private  social functions when seating arrangements are under the
     2  control of the sponsor of the function  and  not  the  owner,  operator,
     3  manager or person in charge of such indoor area;
     4    (b)  conventions  and  trade  shows; provided that the distribution is
     5  confined to designated areas generally accessible only to  persons  over
     6  the age of twenty-one;
     7    (c)  events  sponsored by tobacco, electronic liquid, electronic ciga-
     8  rette, other vapor product intended or reasonably expected  to  be  used
     9  with or for the consumption of nicotine, or herbal cigarette manufactur-
    10  ers  provided  that  the  distribution  is  confined to designated areas
    11  generally accessible only to persons over the age of twenty-one;
    12    (d) bars as defined in subdivision one  of  section  thirteen  hundred
    13  ninety-nine-n of this chapter;
    14    (e)  tobacco  businesses  as  defined  in subdivision eight of section
    15  thirteen hundred ninety-nine-aa of this article;
    16    (f) factories as defined  in  subdivision  nine  of  section  thirteen
    17  hundred  ninety-nine-aa of this article and construction sites; provided
    18  that the distribution is confined to designated areas generally accessi-
    19  ble only to persons over the age of twenty-one.
    20    3. No person shall distribute tobacco  products,  electronic  liquids,
    21  electronic  cigarettes,  other  vapor  products  intended  or reasonably
    22  expected to be used with or for the consumption of nicotine,  or  herbal
    23  cigarettes  at the locations set forth in paragraphs (b), (c) and (f) of
    24  subdivision two of this section unless such person gives five days writ-
    25  ten notice to the enforcement officer.
    26    4. No person engaged in the business of selling or otherwise  distrib-
    27  uting electronic liquids, electronic cigarettes, or other vapor products
    28  intended  or  reasonably expected to be used with or for the consumption
    29  of nicotine for commercial purposes, or any agent or  employee  of  such
    30  person,  shall  knowingly,  in  furtherance of such business, distribute
    31  without charge any electronic cigarettes to any individual  under  twen-
    32  ty-one years of age.
    33    5.  The distribution of tobacco products, electronic cigarettes, elec-
    34  tronic liquids, other vapor products intended or reasonably expected  to
    35  be  used  with  or for the consumption of nicotine, or herbal cigarettes
    36  pursuant to subdivision two of this section or the distribution  without
    37  charge  of  electronic  cigarettes,  electronic  liquids, or other vapor
    38  products intended or reasonably expected to be  used  with  or  for  the
    39  consumption  of nicotine, shall be made only to an individual who demon-
    40  strates, through (a) a driver's license or [other photographic] non-dri-
    41  ver identification card issued by [a government  entity  or  educational
    42  institution] the commissioner of motor vehicles, the federal government,
    43  any  United  States territory, commonwealth, or possession, the District
    44  of Columbia, a state government within the United States, or  a  provin-
    45  cial  government  of the dominion of Canada, (b) a valid passport issued
    46  by the United States government or the government of any other  country,
    47  or  (c)  an identification card issued by the armed forces of the United
    48  States, indicating that the individual is at least twenty-one  years  of
    49  age.  Such  identification  need  not  be required of any individual who
    50  reasonably appears to be at least twenty-five years  of  age;  provided,
    51  however,  that  such  appearance  shall  not constitute a defense in any
    52  proceeding alleging the sale of a tobacco product, electronic cigarette,
    53  electronic liquid, other vapor product intended or  reasonably  expected
    54  to  be used with or for the consumption of nicotine, or herbal cigarette
    55  or the distribution without charge of electronic cigarettes,  electronic

        S. 7507--A                         128                        A. 9507--A
 
     1  liquids,  or  other vapor products intended or reasonably expected to be
     2  used with or for the consumption of nicotine to an individual.
     3    §  7.  Subdivision  7  of section 1399-cc of the public health law, as
     4  amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
     5  follows:
     6    7.  (a)  No  person  operating  a  place  of  business wherein tobacco
     7  products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
     8  rettes are sold or offered for sale shall sell, permit to be sold, offer
     9  for sale or display for sale any  tobacco  product,  herbal  cigarettes,
    10  liquid  nicotine,  shisha or electronic cigarettes in any manner, unless
    11  such products and cigarettes are stored for  sale  [(a)]  (i)  behind  a
    12  counter in an area accessible only to the personnel of such business, or
    13  [(b)]  (ii)  in  a locked container; provided, however, such restriction
    14  shall not apply to tobacco businesses, as defined in  subdivision  eight
    15  of section thirteen hundred ninety-nine-aa of this article, and to plac-
    16  es  to  which admission is restricted to persons twenty-one years of age
    17  or older.
    18    (b) In addition to the requirements set forth in paragraph (a) of this
    19  subdivision, no retailer of tobacco and/or vapor products  shall  permit
    20  the display of any tobacco product, herbal cigarette, electronic liquid,
    21  electronic  cigarette,  or  other  vapor  product intended or reasonably
    22  expected to be used with or for the consumption of nicotine in a  manner
    23  that permits a consumer to view any such item prior to purchase, except:
    24    (i)  at  the direct request of a customer at least twenty-one years of
    25  age, where such retailer allows such customer to handle such item, pack-
    26  aged or otherwise, for the purpose of  inspecting  such  item  prior  to
    27  purchase; or
    28    (ii)  where  such items are temporarily visible during the restocking,
    29  sale, or carriage into or out of the premises of such items.
    30    (c) No tobacco and/or vapor products retailer shall display or  permit
    31  the display of any tobacco product, herbal cigarette, electronic liquid,
    32  electronic  cigarette,  or  other  vapor  product intended or reasonably
    33  expected to be used with or for the  consumption  of  nicotine  for  any
    34  longer  than  necessary  to complete the purposes identified in subpara-
    35  graphs (i) and (ii) of paragraph (b) of this subdivision.
    36    (d) No tobacco and/or vapor products retailer shall store any  tobacco
    37  menu  in  a  location  where it is visible to customers or accessible to
    38  customers without the assistance of such retailer. A tobacco menu  shall
    39  also  contain a menu cover page that shall prevent the inadvertent view-
    40  ing of promotional material or  other  material  contained  within  such
    41  tobacco menu.
    42    (e) No tobacco and/or vapor products retailer shall provide any tobac-
    43  co  menu  or tobacco product, herbal cigarette, electronic liquid, elec-
    44  tronic cigarette, or other vapor product intended or reasonably expected
    45  to be used with or for the consumption of nicotine to any individual who
    46  has not demonstrated, through identification which  meets  the  require-
    47  ments  of  subdivision three of this section, that such individual is at
    48  least twenty-one years of age. Such identification need not be  required
    49  of  any  individual who reasonably appears to be over the age of twenty-
    50  five, provided, however, that such appearance  shall  not  constitute  a
    51  defense  in any proceeding alleging the sale of such item to an individ-
    52  ual under twenty-one years of age. It shall be an affirmative defense to
    53  a violation of this subdivision that the tobacco and/or  vapor  products
    54  retailer  successfully  performed  a transaction scan of an individual's
    55  identification and that a tobacco menu, tobacco  product,  herbal  ciga-
    56  rette,  electronic  liquid, electronic cigarette, or other vapor product

        S. 7507--A                         129                        A. 9507--A
 
     1  intended or reasonably expected to be used with or for  the  consumption
     2  of  nicotine was provided to such individual in reasonable reliance upon
     3  such identification and transaction scan.
     4    (f) After a customer has completed viewing a tobacco menu, the retail-
     5  er of tobacco and/or vapor products shall immediately return such tobac-
     6  co menu to its storage location.
     7    (g) Unless required otherwise by rule or regulation of the department,
     8  the menu cover page of a tobacco menu shall be blank or contain only the
     9  words  "Tobacco  Menu"  and  shall  not contain any advertising or other
    10  promotional material.
    11    § 8. The general business law is amended by adding a new section  396-
    12  bbb to read as follows:
    13    §  396-bbb. Restrictions on electronic cigarette and electronic liquid
    14  advertisements. 1. No  manufacturer,  distributor,  and/or  retailer  of
    15  electronic  cigarettes,  electronic  liquids,  or  other  vapor products
    16  intended or reasonably expected to be used with or for  the  consumption
    17  of nicotine shall advertise or disseminate, or cause to be advertised or
    18  disseminated,  any  advertising  for  electronic  cigarettes, electronic
    19  liquids, or other vapor products intended or reasonably expected  to  be
    20  used with or for the consumption of nicotine other than in publications,
    21  whether  for  periodic  or limited distribution, that such manufacturer,
    22  distributor, and/or retailer demonstrates is an adult publication.
    23    2. Advertising of electronic cigarettes, electronic liquids, or  other
    24  vapor  products  intended  or reasonably expected to be used with or for
    25  the consumption of  nicotine  by  a  manufacturer,  distributor,  and/or
    26  retailer  in  an  audio  or  video  format, including but not limited to
    27  advertising on websites and social media platforms, shall be limited  as
    28  follows:
    29    (a)  audio  formats  shall  be limited to words only, with no music or
    30  sound effects; and
    31    (b) video formats shall be limited to static  black  text  only  on  a
    32  white  background,  and  any  audio with such videos shall be limited to
    33  words only, with no music or sound effects.
    34    3. No manufacturer, distributor, and/or retailer of  electronic  ciga-
    35  rettes,  electronic liquids, or other vapor products intended or reason-
    36  ably expected to be used with or for the consumption of  nicotine  shall
    37  advertise  or cause to be advertised, disseminate or cause to be dissem-
    38  inated, false or misleading statements. Such false or misleading  state-
    39  ments  include  but  shall  not  be  limited to statements indicating or
    40  suggesting to a reasonable person: (a) that an electronic cigarette,  an
    41  electronic  liquid,  or  other  vapor  product  intended  or  reasonably
    42  expected to be used with or for the consumption of nicotine is a smoking
    43  cessation product, unless such electronic cigarette, electronic  liquid,
    44  or  other  vapor product intended or reasonably expected to be used with
    45  or for the consumption of nicotine is approved by the United States food
    46  and drug administration as such; or (b) that an electronic cigarette, an
    47  electronic  liquid,  or  other  vapor  product  intended  or  reasonably
    48  expected  to  be  used  with or for the consumption of nicotine is safe,
    49  unless such electronic cigarette,  electronic  liquid,  or  other  vapor
    50  product  intended  or  reasonably  expected  to  be used with or for the
    51  consumption of nicotine has received marketing approval from the  United
    52  States food and drug administration.
    53    4.  For  the purposes of this section "adult publication" shall mean a
    54  newspaper, magazine, periodical,  website,  social  media  platform,  or
    55  other publication:

        S. 7507--A                         130                        A. 9507--A

     1    (a)  whose  readers  younger  than  twenty-one years of age constitute
     2  fifteen percent or less of the total readership or viewership, as  meas-
     3  ured by competent and reliable survey evidence; and
     4    (b)  that  is read or viewed by fewer than two million persons younger
     5  than twenty-one years of age  as  measured  by  competent  and  reliable
     6  survey evidence.
     7    §  9.  The  public health law is amended by adding a new article 17 to
     8  read as follows:
     9                                 ARTICLE 17
    10                         INGREDIENT DISCLOSURES FOR
    11                       VAPOR PRODUCTS AND E-CIGARETTES
    12  Section 1700. Definitions.
    13          1701. Disclosure.
    14          1702. Penalties.
    15    § 1700. Definitions. As used in  this  article,  the  following  terms
    16  shall have the following meanings:
    17    1.  "Vapor products" shall have the same meaning as defined by section
    18  thirteen hundred ninety-nine-aa of this chapter.
    19    2. "Electronic cigarette" or "e-cigarette" shall have the same meaning
    20  as defined by section thirteen hundred ninety-nine-aa of this chapter.
    21    3. "Ingredient" shall mean all of the following:
    22    (a) any intentional additive present in any quantity in a vapor  prod-
    23  uct;
    24    (b)  a  byproduct  or  contaminant,  present in a vapor product in any
    25  quantity equal to or greater than one-half of one percent of the content
    26  of such product by weight, or other amount determined by the commission-
    27  er;
    28    (c) a byproduct present in a vapor product in any quantity  less  than
    29  one-half  of  one  percent  of  the  content  of such product by weight,
    30  provided such element or compound has been published as  a  chemical  of
    31  concern on one or more lists identified by the commissioner; and
    32    (d)  a contaminant present in a vapor product in a quantity determined
    33  by the commissioner and less than one-half of one percent of the content
    34  of such product by weight, provided such element or  compound  has  been
    35  published  as  a  chemical of concern on one or more lists identified by
    36  the commissioner.
    37    4. "Intentionally added ingredient" shall mean any element or compound
    38  that a manufacturer has intentionally added to a vapor  product  at  any
    39  point  in  such  product's  supply  chain, or at any point in the supply
    40  chain of any raw material or ingredient used to manufacture  such  prod-
    41  uct.
    42    5.  "Byproduct"  shall  mean  any  element or compound in the finished
    43  vapor product, or in the vapor produced during consumption  of  a  vapor
    44  product,  which:    (a)  was  created or formed during the manufacturing
    45  process as an intentional or unintentional consequence of such  manufac-
    46  turing  process  at  any point in such product's supply chain, or at any
    47  point in the supply chain of any raw  material  or  ingredient  used  to
    48  manufacture  such product; or (b) is created or formed as an intentional
    49  or unintentional consequence of the use of an e-cigarette or consumption
    50  of a vapor product.  "Byproduct" shall include, but is not  limited  to,
    51  an unreacted raw material, a breakdown product of an intentionally added
    52  ingredient, a breakdown product of any component part of an e-cigarette,
    53  or a derivative of the manufacturing process.
    54    6.  "Contaminant" shall mean any element or compound made present in a
    55  vapor product as an unintentional consequence of manufacturing.  Contam-
    56  inants include, but are not limited to, elements or compounds present in

        S. 7507--A                         131                        A. 9507--A
 
     1  the environment which were introduced into a product, a raw material, or
     2  a  product ingredient as a result of the use of an environmental medium,
     3  such as naturally occurring water, or other materials used in the  manu-
     4  facturing  process  at  any point in a product's supply chain, or at any
     5  point in the supply chain of any raw  material  or  ingredient  used  to
     6  manufacture such product.
     7    7.  "Manufacturer"  shall mean any person, firm, association, partner-
     8  ship,  limited  liability  company,  or  corporation   which   produces,
     9  prepares,  formulates,  or  compounds a vapor product or e-cigarette, or
    10  whose brand name is affixed to such product. In  the  case  of  a  vapor
    11  product  or  e-cigarette imported into the United States, "manufacturer"
    12  shall mean the importer or first domestic distributor of such product if
    13  the entity that manufactures such product or whose brand name is affixed
    14  to such product does not have a presence in the United States.
    15    § 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes
    16  distributed, sold, or offered for sale in this state, whether at  retail
    17  or  wholesale,  shall  furnish to the commissioner for public record and
    18  post on such manufacturer's website,  in  a  manner  prescribed  by  the
    19  commissioner  that is readily accessible to the public and machine read-
    20  able, information regarding such products pursuant  to  rules  or  regu-
    21  lations which shall be promulgated by the commissioner.
    22    (a)  For  each  vapor product, the information posted pursuant to this
    23  subdivision shall include, but shall not be limited to:
    24    (i) a list naming each ingredient of such vapor product in  descending
    25  order of predominance by weight in such product, except that ingredients
    26  present  at  a  weight  below  one percent may be listed following other
    27  ingredients without respect to the order of predominance by weight;
    28    (ii) the nature and extent of investigations and research performed by
    29  or for the manufacturer concerning the effects on human health  of  such
    30  product or its ingredients;
    31    (iii)  where  applicable, a statement disclosing that an ingredient of
    32  such product is published as a chemical of concern on one or more  lists
    33  identified by the commissioner; and
    34    (iv)  for each ingredient published as a chemical of concern on one or
    35  more lists identified by the commissioner, an evaluation of  the  avail-
    36  ability  of  potential  alternatives and potential hazards posed by such
    37  alternatives.
    38    (b) For each e-cigarette capable of being re-filled by a final consum-
    39  er, the information posted pursuant to this subdivision  shall  include,
    40  but shall not be limited to:
    41    (i)  a  list  naming  each byproduct that may be introduced into vapor
    42  produced during the normal use of such e-cigarette;
    43    (ii) the nature and extent of investigations and research performed by
    44  or for the manufacturer concerning the effects on human health  of  such
    45  product or such ingredients;
    46    (iii)  where  applicable, a statement disclosing that an ingredient is
    47  published as a chemical of concern on one or more  lists  identified  by
    48  the commissioner; and
    49    (iv)  for each ingredient published as a chemical of concern on one or
    50  more lists identified by the commissioner, an evaluation of  the  avail-
    51  ability  of  potential  alternatives and potential hazards posed by such
    52  alternatives.
    53    2. Manufacturers shall furnish the information required to  be  posted
    54  pursuant  to subdivision one of this section on or before January first,
    55  two thousand twenty-one, and every two years  thereafter.  In  addition,
    56  such  manufacturers  shall furnish such information prior to the sale of

        S. 7507--A                         132                        A. 9507--A
 
     1  any new vapor product or e-cigarette, when the formulation of a current-
     2  ly disclosed product is changed such that the predominance of the ingre-
     3  dients in such product is changed, when any list of chemicals of concern
     4  identified  by  the  commissioner pursuant to this article is changed to
     5  include an ingredient present in a vapor product or e-cigarette  subject
     6  to  this  article,  or  at  such  other  times as may be required by the
     7  commissioner.
     8    3. The information required to be posted pursuant to  subdivision  one
     9  of this section shall be made available to the public by the commission-
    10  er  and  manufacturers, in accordance with this section, with the excep-
    11  tion of those portions which a manufacturer determines, subject  to  the
    12  approval  of  the commissioner, are related to a proprietary process the
    13  disclosure of which would  compromise  such  manufacturer's  competitive
    14  position.  The  commissioner shall not approve any exceptions under this
    15  subdivision with respect to any ingredient published as  a  chemical  of
    16  concern on one or more lists identified by the commissioner.
    17    §  1702.  Penalties. Notwithstanding any other provision of this chap-
    18  ter, any manufacturer who violates any of  the  provisions  of,  or  who
    19  fails  to perform any duty imposed by, this article or any rule or regu-
    20  lation promulgated thereunder, shall be liable, in the case of  a  first
    21  violation,  for  a civil penalty not to exceed five thousand dollars. In
    22  the case of a second or any subsequent violation, the liability shall be
    23  for a civil penalty not to exceed ten thousand  dollars  for  each  such
    24  violation.
    25    §  10.  Subdivision  2  and paragraphs (e) and (f) of subdivision 3 of
    26  section 1399-ee of the public health law, as amended by chapter  162  of
    27  the laws of 2002, are amended to read as follows:
    28    2.  If  the  enforcement  officer  determines  after  a hearing that a
    29  violation of this article has occurred, he or she shall impose  a  civil
    30  penalty of a minimum of [three hundred] one thousand dollars, but not to
    31  exceed  [one]  two thousand dollars for a first violation, and a minimum
    32  of one thousand five hundred dollars, but  not  to  exceed  [one]  three
    33  thousand  [five hundred] dollars for each subsequent violation, unless a
    34  different penalty is otherwise provided in this article. The enforcement
    35  officer shall advise the retail dealer that  upon  the  accumulation  of
    36  three or more points pursuant to this section the department of taxation
    37  and  finance shall suspend the dealer's registration. If the enforcement
    38  officer determines after a hearing that  a  retail  dealer  was  selling
    39  tobacco  products  while their registration was suspended or permanently
    40  revoked pursuant to subdivision three or four of this section, he or she
    41  shall impose a civil penalty of twenty-five hundred dollars.
    42    (e) Suspension. If the department determines that a retail dealer  has
    43  accumulated  three  points  or  more,  the  department  shall direct the
    44  commissioner of taxation and finance to suspend such dealer's  registra-
    45  tion  for  [six  months] one year. The three points serving as the basis
    46  for a suspension shall be erased upon the completion of the [six  month]
    47  one year penalty.
    48    (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for
    49  every violation will be made available to enforcement officers and shall
    50  be  used  solely  for  compliance  checks  to  be conducted to determine
    51  compliance with this section.
    52    § 11. Paragraph 1 of subdivision h of section 1607 of the tax law,  as
    53  amended  by  chapter  162  of  the  laws  of 2002, is amended to read as
    54  follows:
    55    1. A license shall be suspended for a period of [six months] one  year
    56  upon  notification  to  the  division by the commissioner of health of a

        S. 7507--A                         133                        A. 9507--A
 
     1  lottery sales agent's accumulation of three or more points  pursuant  to
     2  subdivision  three  of  section  thirteen  hundred ninety-nine-ee of the
     3  public health law.
     4    § 12. Section 1399-x of the public health law is REPEALED.
     5    § 13. This act shall take effect July 1, 2020; provided, however, that
     6  section  one of this act shall take effect on the thirtieth day after it
     7  shall have become a law. Effective immediately, the addition,  amendment
     8  and/or repeal of any rule or regulation necessary for the implementation
     9  of  this  act  on  its  effective  date  are  authorized  to be made and
    10  completed on or before such effective date.
 
    11                                   PART R

    12    Section 1. The director of the division of the budget may  direct  the
    13  commissioner of health to distribute enhanced federal medical assistance
    14  percentage  payments, as described in subsections (y) and (z) of section
    15  1905 of the federal social security act, to  social  services  districts
    16  only  in  such amounts as is necessary to ensure that such districts, in
    17  the aggregate, do not pay a greater percentage of the non-federal  share
    18  of  expenditures  under  the  state's plan for medical assistance, main-
    19  tained pursuant to section 363-a of the social services law, as compared
    20  to the percentage paid by such districts during  the  calendar  year  of
    21  2009.
    22    §  2.  1. Each year beginning calendar year 2020, each social services
    23  district ("district") shall certify to the department of  health,  in  a
    24  manner to be determined by the department of health in consultation with
    25  the  director  of  the division of the budget, whether such district has
    26  adopted a budget with respect to such district's fiscal year that begins
    27  on January first of the then current calendar year that does not  exceed
    28  the  tax  levy  limit established pursuant to section 3-c of the general
    29  municipal law or, for the City of New York, shall certify that the  most
    30  recently adopted budget for such city does not exceed the tax levy limit
    31  that would have applied to such budget had the provisions of section 3-c
    32  of  the  general  municipal law applied to such city; provided, however,
    33  that for the purposes of this subdivision, such tax levy limit shall  be
    34  determined  by substituting equivalent local expenditures for the exclu-
    35  sions provided by subparagraphs (ii), (iii) and (iv) of paragraph (g) of
    36  subdivision 2 of such section.
    37    2. (a) Districts other than the City of New York shall make the annual
    38  certification required by subdivision one of this section by  April  20,
    39  2020,  and for years beginning 2021 and thereafter, by January fifteenth
    40  of such year.
    41    (b) The City of New York shall make the annual certification  required
    42  by subdivision one of this section by July fifteenth of each year.
    43    3.  For  each  district  that  does not certify that such district has
    44  limited the increase in real property taxes in accordance with  subdivi-
    45  sion  one  of  this  section  [by the real property tax cap] by the date
    46  specified in subdivision two of this section, the department  of  health
    47  shall calculate the savings in medical assistance expenditures that such
    48  district  realized,  or  would  have  realized, for the district's prior
    49  fiscal year as a result of application of section 1 of part C of chapter
    50  58 of the laws of 2005, as amended by section 1 of part F of chapter  56
    51  of  the  laws  of  2012 and any subsequent amendments thereto ("medicaid
    52  local share cap"). Notwithstanding section 1 of part C of chapter 58  of
    53  the  laws of 2005, as amended, such district's actual savings during the
    54  district's then current fiscal year shall  be  limited  to  the  savings

        S. 7507--A                         134                        A. 9507--A
 
     1  calculated in the manner prescribed in this subdivision, less any remit-
     2  tances imposed by application of this subdivision in prior fiscal years,
     3  provided  that each imposition of a remittance pursuant to this subdivi-
     4  sion  shall  be deducted only once [for each year that the district does
     5  not limit the increase in real property taxes by the real  property  tax
     6  cap  pursuant  to subdivision two of this section] ("limited local share
     7  savings"). The district shall be liable for and remit to the  state  the
     8  difference  between  the  district's limited local share savings and the
     9  savings that the district would have realized as a result of application
    10  of the medicaid local share cap, pursuant to a  schedule  determined  by
    11  the  commissioner  of  health  in  consultation with the director of the
    12  division of the budget. Further, the amount of any  remittances  imposed
    13  by  application  of this subdivision shall be owed to the state in every
    14  subsequent fiscal year, regardless whether the district  certifies  that
    15  it  has  limited  the increase in real property taxes in accordance with
    16  subdivision one of this section by the date specified in subdivision two
    17  of this section, provided that each imposition of a remittance  pursuant
    18  to  this  subdivision  shall  be applied only once. [provided] Provided,
    19  however, that the commissioner of health may, in consultation  with  the
    20  director  of  the  division  of  the budget, reduce [such] any liability
    21  imposed pursuant to this subdivision to the extent necessary to  achieve
    22  compliance  with  section 1905 of the federal social security act or any
    23  other legal requirements imposed on  the  subject  matter  hereof.  Such
    24  remittances  shall be separate from, and shall not affect or be affected
    25  by, any voluntary  local  share  contributions  made  by  any  district,
    26  including the City of New York.
    27    4.  The  director  of the division of the budget may grant a waiver to
    28  any district that does not provide the certification  required  pursuant
    29  to  subdivision  two of this section upon a showing by such  district of
    30  financial hardship in a form and manner prescribed by  the  division  of
    31  the  budget. In evaluating an application for a financial hardship waiv-
    32  er, the director of the division of the budget shall consider changes in
    33  state or federal aid payments and other extraordinary  costs,  including
    34  the  occurrence  of  a disaster as defined in paragraph a of subdivision
    35  two of section twenty of the executive law, repair  and  maintenance  of
    36  infrastructure,  annual  growth  of  tax  receipts,  including  personal
    37  income, business, and other taxes, prepayment of debt service and  other
    38  expenses or such other factors that such director may determine.
    39    § 3. Section 363-c of the social services law is amended by adding new
    40  subdivisions 4, 5 and 6 to read as follows:
    41    4. Notwithstanding any laws or regulations to the contrary, all social
    42  services districts, providers and other recipients of medical assistance
    43  program  funds  shall make available to the commissioner or the director
    44  of the division of budget in a prompt fashion all fiscal and statistical
    45  records and reports, other contemporaneous records  demonstrating  their
    46  right  to receive payment, and all underlying books, records, documenta-
    47  tion and reports, which may be requested  by  the  commissioner  or  the
    48  director of the division of the budget as may be determined necessary to
    49  manage and oversee the Medicaid program.
    50    5. For the state fiscal year beginning April first, two thousand twen-
    51  ty-one  and  every  state  fiscal  year  thereafter, notwithstanding the
    52  provisions of section three hundred sixty-eight-a  of  this  title,  and
    53  notwithstanding section one of part C of chapter fifty-eight of the laws
    54  of  two  thousand  five,  as amended by section one of part F of chapter
    55  fifty-six of the laws of two thousand twelve, and any subsequent  amend-
    56  ments thereto, if the total percentage increase in medicaid local spend-

        S. 7507--A                         135                        A. 9507--A

     1  ing,  meaning  the  amount  that the department of health reimbursed any
     2  social services district during the prior state fiscal year for expendi-
     3  tures made by or on behalf of such social services district for  medical
     4  assistance  for needy persons, relative to such amount paid in the state
     5  fiscal year beginning April first, two thousand twenty ("Medicaid  local
     6  spending  growth  rate"),  exceeds  the total percentage increase in the
     7  year to year rate of growth of department of health state funds Medicaid
     8  spending, as established by section 91 of part H of chapter  59  of  the
     9  laws  of  2011,  and  as subsequently amended, over the same time period
    10  ("Medicaid global cap growth rate") the social services  district  shall
    11  be  liable  for and remit to the state one hundred percent of the amount
    12  of Medicaid local spending multiplied by the difference in the  Medicaid
    13  global  cap  growth  rate  and  the  Medicaid local spending growth rate
    14  pursuant to a schedule determined  by  the  commissioner  of  health  in
    15  consultation  with  the director of the division of budget.  Such remit-
    16  tances shall not be considered when determining  a  district's  Medicaid
    17  local  spending  growth  in subsequent fiscal years.  Provided, however,
    18  that this subdivision shall  not  apply  only  to  the  extent  that  it
    19  conflicts  with  or  would  achieve  less  savings to the state than the
    20  application of subdivision one of section one of part R of a chapter  of
    21  the  laws  of  2020, concerning distribution of enhanced federal medical
    22  assistance percentage payments, as proposed in legislative bill  numbers
    23  S.7507-A and A.9507-A.
    24    6. For the state fiscal year beginning April first, two thousand twen-
    25  ty-one  and  every  state  fiscal  year  thereafter, notwithstanding the
    26  provisions of section three hundred sixty-eight-a  of  this  title,  and
    27  notwithstanding section one of part C of chapter fifty-eight of the laws
    28  of  two  thousand  five,  as amended by section one of part F of chapter
    29  fifty-six of the laws of two thousand twelve, and any subsequent  amend-
    30  ments  thereto,  if a social services district's medicaid local spending
    31  growth rate is less than the medicaid global cap growth rate, both terms
    32  as defined in subdivision five of this section, the state shall remit to
    33  the social services  district  twenty-five  percent  of  the  amount  of
    34  medical  local spending, as defined in subdivision five of this section,
    35  multiplied by the difference in the medicaid global cap growth rate  and
    36  the  medicaid  local spending growth rate, pursuant to a schedule deter-
    37  mined by the commissioner of health in consultation with the director of
    38  the division of budget. Such remittances shall not  be  considered  when
    39  determining  a  district's  medicaid local spending growth in subsequent
    40  fiscal years.
    41    § 4. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after April 1, 2020.

    43                                   PART S
 
    44    Section  1.  Subdivision 7 of section 2802 of the public health law is
    45  amended by adding a new paragraph (b-1) to read as follows:
    46    (b-1) At such time as the commissioner's written  contingent  approval
    47  is granted, or written approval in instances where no contingencies were
    48  applied  to  such  approval,  each  applicant  shall  pay  an additional
    49  surcharge equal to three percent of  the  total  capital  value  of  the
    50  application.
    51    §  2.  Paragraph  (d)  of  subdivision 7 of section 2802 of the public
    52  health law, as amended by section 87 of part C of chapter 58 of the laws
    53  of 2009, is amended and a new paragraph (e) is added to read as follows:

        S. 7507--A                         136                        A. 9507--A

     1    (d) (i) The fees and  charges  [paid  by  an  applicant  pursuant  to]
     2  imposed  by  this subdivision [for any application for construction of a
     3  hospital approved in accordance with this section shall be deemed allow-
     4  able capital costs in the determination of  reimbursement  rates  estab-
     5  lished pursuant to this article. The cost of such fees and charges shall
     6  not  be  subject to reimbursement ceiling or other penalties used by the
     7  commissioner for the purpose of establishing reimbursement rates  pursu-
     8  ant  to  this article.] shall not apply to any application for which all
     9  development, design, and construction costs are being solely  funded  by
    10  state  grants  of  any  kind,  except  that such fees and charges may be
    11  imposed in such circumstances under criteria  that  may  be  adopted  in
    12  regulation by the commissioner, with the approval of the director of the
    13  budget.
    14    (ii)  The commissioner, with the approval of the director of the budg-
    15  et, is authorized to exempt certain  applications,  that  meet  criteria
    16  established  by  the  commissioner  in  regulation,  from  the surcharge
    17  imposed by paragraph (b-1) of this subdivision.
    18    (e) Notwithstanding any other provision of law to  the  contrary,  the
    19  fees and charges paid by an applicant pursuant to this subdivision shall
    20  not  be  eligible  for  reimbursement  by the state, including the state
    21  Medicaid program.
    22    (f) All fees pursuant to this section shall be payable to the  depart-
    23  ment  [of  health]  for  deposit into the special revenue funds - other,
    24  miscellaneous special revenue fund - 339, certificate of need account.
    25    § 3. This act shall take effect immediately and  shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2020.
 
    27                                   PART T
 
    28    Section  1.    Section 40 of chapter 266 of the laws of 1986, amending
    29  the civil practice law and rules and other laws relating to  malpractice
    30  and  professional  medical conduct, as amended by section 4 of part F of
    31  chapter 57 of the laws of 2019, is amended to read as follows:
    32    § 40. The superintendent of financial services shall  establish  rates
    33  for  policies  providing  coverage  for  physicians and surgeons medical
    34  malpractice for the periods commencing July 1, 1985 and ending June  30,
    35  [2020] 2021; provided, however, that notwithstanding any other provision
    36  of  law,  the superintendent shall not establish or approve any increase
    37  in rates for the period commencing July 1,  2009  and  ending  June  30,
    38  2010.  The  superintendent shall direct insurers to establish segregated
    39  accounts for premiums, payments, reserves and investment income  attrib-
    40  utable to such premium periods and shall require periodic reports by the
    41  insurers  regarding  claims and expenses attributable to such periods to
    42  monitor whether such accounts will be sufficient to meet incurred claims
    43  and expenses. On or after July 1, 1989, the superintendent shall  impose
    44  a  surcharge  on  premiums  to  satisfy  a  projected deficiency that is
    45  attributable to the premium levels established pursuant to this  section
    46  for  such  periods;  provided, however, that such annual surcharge shall
    47  not exceed eight percent of the established rate until  July  1,  [2020]
    48  2021, at which time and thereafter such surcharge shall not exceed twen-
    49  ty-five  percent  of  the  approved  adequate rate, and that such annual
    50  surcharges shall continue for such period of time as shall be sufficient
    51  to satisfy such deficiency. The superintendent  shall  not  impose  such
    52  surcharge  during the period commencing July 1, 2009 and ending June 30,
    53  2010. On and after July  1,  1989,  the  surcharge  prescribed  by  this
    54  section  shall  be  retained by insurers to the extent that they insured

        S. 7507--A                         137                        A. 9507--A
 
     1  physicians and surgeons during the July 1, 1985 through June 30,  [2020]
     2  2021  policy  periods;  in  the  event  and to the extent physicians and
     3  surgeons were insured by another insurer during such periods, all  or  a
     4  pro  rata  share of the surcharge, as the case may be, shall be remitted
     5  to such other insurer in accordance with rules  and  regulations  to  be
     6  promulgated by the superintendent.  Surcharges collected from physicians
     7  and  surgeons  who  were not insured during such policy periods shall be
     8  apportioned among all insurers in proportion to the premium  written  by
     9  each  insurer  during such policy periods; if a physician or surgeon was
    10  insured by an insurer subject to rates established by the superintendent
    11  during such policy periods, and  at  any  time  thereafter  a  hospital,
    12  health  maintenance organization, employer or institution is responsible
    13  for responding in damages for liability arising out of such  physician's
    14  or  surgeon's  practice  of medicine, such responsible entity shall also
    15  remit to such prior insurer the equivalent amount  that  would  then  be
    16  collected  as  a  surcharge if the physician or surgeon had continued to
    17  remain insured by such prior insurer. In  the  event  any  insurer  that
    18  provided  coverage  during  such  policy  periods is in liquidation, the
    19  property/casualty insurance security fund shall receive the  portion  of
    20  surcharges to which the insurer in liquidation would have been entitled.
    21  The surcharges authorized herein shall be deemed to be income earned for
    22  the  purposes of section 2303 of the insurance law.  The superintendent,
    23  in establishing adequate rates and in determining  any  projected  defi-
    24  ciency  pursuant  to  the requirements of this section and the insurance
    25  law, shall give substantial weight, determined  in  his  discretion  and
    26  judgment,  to  the  prospective  anticipated  effect  of any regulations
    27  promulgated and laws enacted and the  public  benefit  of    stabilizing
    28  malpractice rates and minimizing rate level fluctuation during the peri-
    29  od  of  time  necessary for the development of more reliable statistical
    30  experience as to the efficacy of such  laws  and  regulations  affecting
    31  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    32  1986,  by this act and at any other time.  Notwithstanding any provision
    33  of the insurance law, rates already established and to be established by
    34  the superintendent pursuant to this section are deemed adequate if  such
    35  rates  would be adequate when taken together with the maximum authorized
    36  annual surcharges to be imposed for a reasonable period of time  whether
    37  or  not  any  such  annual surcharge has been actually imposed as of the
    38  establishment of such rates.
    39    § 2.  Section 20 of part H of chapter 57 of the laws of 2017, amending
    40  the New York  Health Care Reform Act of 1996 and other laws relating  to
    41  extending  certain  provisions relating thereto, as amended by section 6
    42  of part F of chapter 57 of the laws of  2019,  is  amended  to  read  as
    43  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  [nineteen,]  twenty,  shall be eligible to apply for such
    51  coverage for the coverage period beginning the first of July, two  thou-
    52  sand  [nineteen;]  twenty;  provided,  however,  if  the total number of
    53  physicians or dentists for  whom  such  excess  coverage  or  equivalent
    54  excess  coverage  was purchased for the policy year ending the thirtieth
    55  of June, two thousand [nineteen] twenty  exceeds  the  total  number  of
    56  physicians  or  dentists  certified  as eligible for the coverage period

        S. 7507--A                         138                        A. 9507--A
 
     1  beginning the first of July, two thousand [nineteen,] twenty,  then  the
     2  general hospitals may certify additional eligible physicians or dentists
     3  in  a  number equal to such general hospital's proportional share of the
     4  total  number  of  physicians  or  dentists  for whom excess coverage or
     5  equivalent excess coverage was purchased with  funds  available  in  the
     6  hospital excess liability pool as of the thirtieth of June, two thousand
     7  [nineteen,]  twenty,  as applied to the difference between the number of
     8  eligible physicians or dentists for whom a policy for excess coverage or
     9  equivalent excess coverage was purchased for the coverage period  ending
    10  the  thirtieth of June, two thousand [nineteen] twenty and the number of
    11  such eligible physicians or dentists who have applied for excess  cover-
    12  age  or equivalent excess coverage for the coverage period beginning the
    13  first of July, two thousand [nineteen] twenty.
    14    § 3. This act shall take effect April 1, 2020, provided,  however,  if
    15  this  act  shall become a law after such date it shall take effect imme-
    16  diately and shall be deemed to have been in full force and effect on and
    17  after April 1, 2020.
 
    18                                   PART U
 
    19    Section 1. The insurance law is amended by adding a new article 29  to
    20  read as follows:
    21                                 ARTICLE 29
    22                          PHARMACY BENEFIT MANAGERS
    23  Section 2901. Definitions.
    24          2902. Acting without a registration.
    25          2903. Registration requirements for pharmacy benefit managers.
    26          2904. Reporting requirements for pharmacy benefit managers.
    27          2905. Acting without a license.
    28          2906. Licensing of a pharmacy benefit manager.
    29          2907. Revocation or suspension of a registration or license of a
    30                  pharmacy benefit manager.
    31          2908. Penalties for violations.
    32          2909. Stay or suspension of superintendent's determination.
    33          2910. Revoked registrations or licenses.
    34          2911. Change of address.
    35          2912. Duties.
    36          2913. Applicability of other laws.
    37          2914. Assessments.
    38    § 2901. Definitions. For purposes of this article:
    39    (a)  "Health  plan"  means  an insurance company that is an authorized
    40  insurer under this chapter, a  company  organized  pursuant  to  article
    41  forty-three of this chapter, a municipal cooperative health benefit plan
    42  established  pursuant  to article forty-seven of this chapter, an entity
    43  certified pursuant to  article  forty-four  of  the  public  health  law
    44  including  those  providing services pursuant to title eleven of article
    45  five of the social services law,  an  institution  of  higher  education
    46  certified  pursuant  to  section one thousand one hundred twenty-four of
    47  this chapter, the state insurance fund, and the New  York  state  health
    48  insurance  plan  established  under  article eleven of the civil service
    49  law.
    50    (b) "Pharmacy benefit management services"  means  the  management  or
    51  administration of prescription drug benefits pursuant to a contract with
    52  a  health  plan,  directly  or through another entity, and regardless of
    53  whether the pharmacy benefit manager and the health plan are related, or
    54  associated by ownership, common ownership,  organization  or  otherwise;

        S. 7507--A                         139                        A. 9507--A
 
     1  including  the  procurement  of  prescription  drugs  to be dispensed to
     2  patients, or the administration or management of prescription drug bene-
     3  fits, including but not limited to, any of the following:
     4    (1) mail service pharmacy;
     5    (2) claims processing, retail network management, or payment of claims
     6  to pharmacies for dispensing prescription drugs;
     7    (3)  clinical or other formulary or preferred drug list development or
     8  management;
     9    (4) negotiation  or  administration  of  rebates,  discounts,  payment
    10  differentials,  or  other  incentives,  for  the inclusion of particular
    11  prescription drugs in a particular category or to promote  the  purchase
    12  of particular prescription drugs;
    13    (5)  patient  compliance, therapeutic intervention, or generic substi-
    14  tution programs;
    15    (6) disease management;
    16    (7) drug utilization review or prior authorization;
    17    (8) adjudication of appeals or grievances related to prescription drug
    18  coverage;
    19    (9) contracting with network pharmacies; and
    20    (10) controlling the cost of covered prescription drugs.
    21    (c) "Pharmacy benefit manager" means any entity,  including  a  wholly
    22  owned or partially owned or controlled subsidiary of a pharmacy benefits
    23  manager,  that contracts to provide pharmacy benefit management services
    24  on behalf of a health plan.
    25    (d) "Controlling person" means any person or other entity who or which
    26  directly or indirectly has the power to direct or cause to  be  directed
    27  the management, control or activities of a pharmacy benefit manager.
    28    (e)  "Covered  individual"  means  a  member,  participant,  enrollee,
    29  contract holder or policy holder or beneficiary of a health plan.
    30    § 2902. Acting without a registration. (a) No  person,  firm,  associ-
    31  ation, corporation or other entity may act as a pharmacy benefit manager
    32  on  or after June first, two thousand twenty and prior to January first,
    33  two thousand twenty-two, without having a valid registration as a  phar-
    34  macy  benefit  manager  filed with the superintendent in accordance with
    35  this article and any regulations promulgated thereunder.
    36    (b) Any person, firm, association, corporation or  other  entity  that
    37  violates  this  section shall, in addition to any other penalty provided
    38  by law, be liable for restitution  to  any  health  plan,  pharmacy,  or
    39  covered  individual harmed by the violation and shall also be subject to
    40  a penalty not exceeding the greater of: (1) one thousand dollars for the
    41  first violation and two thousand five hundred dollars  for  each  subse-
    42  quent  violation; or (2) the aggregate economic gross receipts attribut-
    43  able to all violations.
    44    § 2903. Registration requirements for pharmacy benefit managers.   (a)
    45  Every pharmacy benefit manager that performs pharmacy benefit management
    46  services  on or after June first, two thousand twenty and prior to Janu-
    47  ary first, two thousand twenty-two shall register with  the  superinten-
    48  dent in a manner acceptable to the superintendent and shall pay a fee of
    49  one  thousand  dollars  for each year or fraction of a year in which the
    50  registration shall be valid. The superintendent shall require  that  the
    51  pharmacy  benefit  manager disclose its officer or officers and director
    52  or directors who are responsible for the  business  entity's  compliance
    53  with the financial services and insurance laws, rules and regulations of
    54  this  state.  The  registration shall detail the locations from which it
    55  provides services, and a listing of  any  entities  with  which  it  has
    56  contracts  in New York state.  The superintendent can reject a registra-

        S. 7507--A                         140                        A. 9507--A
 
     1  tion application filed by a  pharmacy  benefit  manager  that  fails  to
     2  comply with the minimum registration standards.
     3    (b)  For each business entity, the officer or officers and director or
     4  directors named in the application shall be designated  responsible  for
     5  the  business entity's compliance with the financial services and insur-
     6  ance laws, rules and regulations of this state.
     7    (c) Every registration will expire on December thirty-first, two thou-
     8  sand twenty-one regardless of when registration was first made.
     9    (d) Every pharmacy benefit  manager  that  performs  pharmacy  benefit
    10  management  services at any time prior to June first, two thousand twen-
    11  ty, shall make the registration and fee payment required  by  subsection
    12  (a)  of  this  section on or before June first, two thousand twenty. Any
    13  other pharmacy benefit manager  shall  make  the  registration  and  fee
    14  payment  required  by subsection (a) of this section prior to performing
    15  pharmacy benefit management services.
    16    (e) Registrants under this section shall be subject to examination  by
    17  the superintendent as often as the superintendent may deem it necessary.
    18  The  superintendent  may promulgate regulations establishing methods and
    19  procedures for facilitating and verifying compliance with  the  require-
    20  ments of this article and such other regulations as necessary to enforce
    21  the provisions of this article.
    22    §  2904. Reporting requirements for pharmacy benefit managers.  (a)(1)
    23  On or before July first of each year, beginning in two thousand  twenty-
    24  one,  every pharmacy benefit manager shall report to the superintendent,
    25  in a statement subscribed and affirmed as true under penalties of perju-
    26  ry, the information requested by the superintendent  including,  without
    27  limitation:
    28    (i) any pricing discounts, rebates of any kind, inflationary payments,
    29  credits,  clawbacks,  fees,  grants,  chargebacks, reimbursements, other
    30  financial or other reimbursements, incentives, inducements,  refunds  or
    31  other benefits received by the pharmacy benefit manager; and
    32    (ii)  the terms and conditions of any contract or arrangement, includ-
    33  ing other financial or other reimbursements incentives,  inducements  or
    34  refunds  between the pharmacy benefit manager and any other party relat-
    35  ing to pharmacy benefit management services provided to  a  health  plan
    36  including but not limited to, dispensing fees paid to pharmacies.
    37    (2)  The  superintendent  may require the filing of quarterly or other
    38  statements, which shall be in such form and shall contain  such  matters
    39  as the superintendent shall prescribe.
    40    (3)  The superintendent may address to any pharmacy benefit manager or
    41  its officers any inquiry in relation to its provision of pharmacy  bene-
    42  fit management services or any matter connected therewith. Every pharma-
    43  cy benefit manager or person so addressed shall reply in writing to such
    44  inquiry promptly and truthfully, and such reply shall be, if required by
    45  the superintendent, subscribed by such individual, or by such officer or
    46  officers  of  the  pharmacy benefit manager, as the superintendent shall
    47  designate, and affirmed by them as true under the penalties of perjury.
    48    (b) In the event any pharmacy  benefit  manager  or  person  does  not
    49  submit  a  report required by paragraphs one or two of subsection (a) of
    50  this section or does not provide a good faith  response  to  an  inquiry
    51  from the superintendent pursuant to paragraph three of subsection (a) of
    52  this section within a time period specified by the superintendent of not
    53  less  than  fifteen  business  days, the superintendent is authorized to
    54  levy a civil penalty, after notice and hearing,  against  such  pharmacy
    55  benefit manager or person not to exceed one thousand dollars per day for

        S. 7507--A                         141                        A. 9507--A
 
     1  each  day beyond the date the report is due or the date specified by the
     2  superintendent for response to the inquiry.
     3    (c)  All  documents,  materials,  or  other information disclosed by a
     4  pharmacy benefit manager under this section which is in the  control  or
     5  possession of the superintendent shall be deemed confidential, shall not
     6  be  disclosed,  either  pursuant  to  freedom of information requests or
     7  subpoena, and further shall not be subject to discovery or admissible in
     8  evidence in any private civil action.
     9    § 2905. Acting without a license. (a) No  person,  firm,  association,
    10  corporation  or other entity may act as a pharmacy benefit manager on or
    11  after January first, two thousand twenty-two without having authority to
    12  do so by virtue of a license issued in force pursuant to the  provisions
    13  of this article.
    14    (b)  Any  person,  firm, association, corporation or other entity that
    15  violates this section shall, in addition to any other  penalty  provided
    16  by  law,  be  subject  to a penalty not exceeding the greater of (1) one
    17  thousand dollars for the first violation and two thousand  five  hundred
    18  dollars  for  each  subsequent  violation  or (2) the aggregate economic
    19  gross receipts attributable to all violations.
    20    § 2906. Licensing of a pharmacy benefit manager. (a)  The  superinten-
    21  dent may issue a pharmacy benefit manager's license to any person, firm,
    22  association  or  corporation  who or that has complied with the require-
    23  ments of this article, including regulations promulgated by  the  super-
    24  intendent.  The superintendent, in consultation with the commissioner of
    25  health, may establish, by regulation, minimum standards for the issuance
    26  of a license to a pharmacy benefit manager.
    27    (b) The minimum standards established under this  section  shall  take
    28  the form of a code of conduct which may address, without limitation:
    29    (1)  prohibitions  on  conflicts  of interest between pharmacy benefit
    30  managers and health plans;
    31    (2)  prohibitions  on  deceptive  practices  in  connection  with  the
    32  performance of pharmacy benefit management services;
    33    (3)  prohibitions on anti-competitive practices in connection with the
    34  performance of pharmacy benefit management services;
    35    (4) prohibitions on pricing models including spread pricing;
    36    (5) prohibitions on unfair claims practices  in  connection  with  the
    37  performance of pharmacy benefit management services;
    38    (6) codification of standards and practices in the creation of pharma-
    39  cy networks and contracting with network pharmacies and other providers;
    40  and
    41    (7) best practices for protection of consumers.
    42    (c)  The  superintendent  may require any or all of the members, offi-
    43  cers, directors, or designated employees of the applicant to be named in
    44  the application for a license under  this  article.  For  each  business
    45  entity,  the  officer or officers and director or directors named in the
    46  application shall be designated responsible for  the  business  entity's
    47  compliance with the insurance laws, rules and regulations of this state.
    48    (d)(1)  Before a pharmacy benefit manager's license shall be issued or
    49  renewed, the prospective licensee shall properly file in the  office  of
    50  the  superintendent a written application therefor in such form or forms
    51  and supplements thereto as the superintendent prescribes, and pay a  fee
    52  of  two  thousand dollars for each year or fraction of a year in which a
    53  license shall be valid.
    54    (2) Every pharmacy benefit manager's license shall  expire  thirty-six
    55  months  after  the  date of issue. Every license issued pursuant to this

        S. 7507--A                         142                        A. 9507--A

     1  section may be renewed for the ensuing period of thirty-six months  upon
     2  the filing of an application in conformity with this subsection.
     3    (e) If an application for a renewal license shall have been filed with
     4  the  superintendent  at least two months before its expiration, then the
     5  license sought to be renewed shall continue in  full  force  and  effect
     6  either  until  the issuance by the superintendent of the renewal license
     7  applied for or until five  days  after  the  superintendent  shall  have
     8  refused  to  issue such renewal license and given notice of such refusal
     9  to the applicant.
    10    (f) The superintendent may refuse to issue a pharmacy  benefit  manag-
    11  er's  license if, in the superintendent's judgment, the applicant or any
    12  member, principal, officer or director of the applicant, is  not  trust-
    13  worthy  and competent to act as or in connection with a pharmacy benefit
    14  manager, or that any of the foregoing has given cause for revocation  or
    15  suspension  of  such license, or has failed to comply with any prerequi-
    16  site for the issuance of such license. As a part of such  determination,
    17  the  superintendent  is  authorized  to  fingerprint  applicants  or any
    18  member, principal, officer or director of the applicant  for  licensure.
    19  Such fingerprints shall be submitted to the division of criminal justice
    20  services for a state criminal history record check, as defined in subdi-
    21  vision  one  of section three thousand thirty-five of the education law,
    22  and may be submitted to  the  federal  bureau  of  investigation  for  a
    23  national criminal history record check.
    24    (g) Licensees and applicants for a license under this section shall be
    25  subject to examination by the superintendent as often as the superinten-
    26  dent  may  deem  it  expedient.  The superintendent may promulgate regu-
    27  lations establishing methods and procedures for facilitating and verify-
    28  ing compliance with the requirements of  this  section  and  such  other
    29  regulations as necessary.
    30    (h)  The  superintendent  may  issue  a  replacement  for  a currently
    31  in-force license that has been lost or destroyed. Before the replacement
    32  license shall be issued, there shall be on file in  the  office  of  the
    33  superintendent  a  written  application  for  the  replacement  license,
    34  affirming under penalty of perjury that the original  license  has  been
    35  lost or destroyed, together with a fee of two hundred dollars.
    36    (i) No pharmacy benefit manager shall engage in any practice or action
    37  that a health plan is prohibited from engaging in pursuant to this chap-
    38  ter.
    39    §  2907.  Revocation  or  suspension of a registration or license of a
    40  pharmacy benefit manager.  (a) The superintendent may refuse  to  renew,
    41  may  revoke,  or  may suspend for a period the superintendent determines
    42  the registration or license of any  pharmacy  benefit  manager  if,  the
    43  superintendent determines that the registrant or licensee or any member,
    44  principal, officer, director, or controlling person of the registrant or
    45  licensee, has:
    46    (1)  violated  any insurance laws, section two hundred eighty-a or two
    47  hundred eighty-c of the public health law or  violated  any  regulation,
    48  subpoena  or order of the superintendent or of another state's insurance
    49  commissioner, or has violated any law in the course of its  dealings  in
    50  such  capacity after such license has been issued or renewed pursuant to
    51  section two thousand nine hundred six of this article;
    52    (2) provided materially incorrect, materially  misleading,  materially
    53  incomplete  or  materially  untrue  information  in  the registration or
    54  license application;
    55    (3) obtained or attempted to obtain a registration or license  through
    56  misrepresentation or fraud;

        S. 7507--A                         143                        A. 9507--A
 
     1    (4)(i) used fraudulent, coercive or dishonest practices;
     2    (ii) demonstrated incompetence;
     3    (iii) demonstrated untrustworthiness; or
     4    (iv)  demonstrated  financial irresponsibility in the conduct of busi-
     5  ness in this state or elsewhere;
     6    (5) improperly withheld, misappropriated or converted  any  monies  or
     7  properties  received  in  the  course of business in this state or else-
     8  where;
     9    (6) intentionally misrepresented the terms of an  actual  or  proposed
    10  insurance contract;
    11    (7)  admitted  or  been  found  to have committed any insurance unfair
    12  trade practice or fraud;
    13    (8) had a pharmacy benefit manager registration  or  license,  or  its
    14  equivalent,  denied,  suspended or revoked in any other state, province,
    15  district or territory;
    16    (9) failed to pay state income tax or comply with  any  administrative
    17  or court order directing payment of state income tax;
    18    (10) failed to pay any assessment required by this article; or
    19    (11)  ceased  to  meet  the requirements for registration or licensure
    20  under this article.
    21    (b) Before revoking or suspending the registration or license  of  any
    22  pharmacy benefit manager pursuant to the provisions of this article, the
    23  superintendent shall give notice to the registrant or licensee and shall
    24  hold,  or  cause  to be held, a hearing not less than ten days after the
    25  giving of such notice.
    26    (c) If a registration or license pursuant to the  provisions  of  this
    27  article  is  revoked or suspended by the superintendent, then the super-
    28  intendent shall forthwith give notice to the registrant or licensee.
    29    (d) The revocation or suspension of any registration or license pursu-
    30  ant to the provisions of this article  shall  terminate  forthwith  such
    31  registration  or  license  and  the authority conferred thereby upon all
    32  licensees. For good cause shown, the superintendent may delay the effec-
    33  tive date of a revocation or suspension  to  permit  the  registrant  or
    34  licensee  to  satisfy  some  or  all  of  its contractual obligations to
    35  perform pharmacy benefit management services in the state.
    36    (e)(1) No individual, corporation, firm or association whose registra-
    37  tion or license as a pharmacy benefit manager has been revoked  pursuant
    38  to  subsection  (a) of this section, and no firm or association of which
    39  such individual is a member, and no corporation of which such individual
    40  is an officer or director, and no controlling person of  the  registrant
    41  or  licensee  shall  be  entitled  to obtain any registration or license
    42  under the provisions of this article for a minimum period  of  one  year
    43  after  such  revocation,  or, if such revocation be judicially reviewed,
    44  for a minimum period of one year after the final  determination  thereof
    45  affirming the action of the superintendent in revoking such license.
    46    (2) If any such registration or license held by a firm, association or
    47  corporation  be  revoked,  no  member of such firm or association and no
    48  officer or director of such corporation or any controlling person of the
    49  registrant or licensee shall be entitled to obtain any  registration  or
    50  license,  under  this  article  for  the same period of time, unless the
    51  superintendent determines, after notice and hearing, that  such  member,
    52  officer or director was not personally at fault in the matter on account
    53  of which such registration or license was revoked.
    54    (f)  If  any  corporation, firm, association or person aggrieved shall
    55  file with the superintendent a verified complaint  setting  forth  facts
    56  tending  to  show  sufficient ground for the revocation or suspension of

        S. 7507--A                         144                        A. 9507--A
 
     1  any pharmacy benefit manager's registration  or  license,  then  if  the
     2  superintendent  finds  the complaint credible, the superintendent shall,
     3  after notice and a  hearing,  determine  whether  such  registration  or
     4  license shall be suspended or revoked.
     5    (g)  The  superintendent  shall  retain  the  authority to enforce the
     6  provisions of and impose any penalty or remedy authorized by this  chap-
     7  ter  against  any  person  or  entity  who is under investigation for or
     8  charged with a violation of this chapter, even if the person's or  enti-
     9  ty's registration or license has been surrendered, or has expired or has
    10  lapsed by operation of law.
    11    (h)  A  registrant or licensee subject to this article shall report to
    12  the superintendent any administrative action taken  against  the  regis-
    13  trant  or licensee or any of the members, officers, directors, or desig-
    14  nated employees of the applicant named in the registration or  licensing
    15  application in another jurisdiction or by another governmental agency in
    16  this  state  within  thirty days of the final disposition of the matter.
    17  This report shall include a copy of the order, consent to order or other
    18  relevant legal documents.
    19    (i) Within thirty days of the initial pretrial hearing date, a  regis-
    20  trant  or  licensee  subject  to this article shall report to the super-
    21  intendent any criminal prosecution of the registrant or licensee or  any
    22  of  the  members,  officers,  directors,  or designated employees of the
    23  applicant named in the registration or licensing  application  taken  in
    24  any  jurisdiction.  The  report  shall  include  a  copy  of the initial
    25  complaint filed, the order resulting from  the  hearing  and  any  other
    26  relevant legal documents.
    27    §  2908.  Penalties for violations. (a) In addition to any other power
    28  conferred by law, the superintendent may in any one proceeding by order,
    29  require a registrant or licensee who has violated any provision of  this
    30  article  or  whose  license  would otherwise be subject to revocation or
    31  suspension to pay to the people of this state a penalty  in  a  sum  not
    32  exceeding  the greater of: (1) one thousand dollars for each offense and
    33  two thousand five hundred dollars for each subsequent violation; or  (2)
    34  the aggregate gross receipts attributable to all offenses.
    35    (b)  Upon  the  failure  of  such  a registrant or licensee to pay the
    36  penalty ordered pursuant to subsection (a) of this section within twenty
    37  days after the mailing of the order, postage  prepaid,  registered,  and
    38  addressed  to  the  last known place of business of the licensee, unless
    39  the order is stayed by an order of a court  of  competent  jurisdiction,
    40  the  superintendent may revoke the registration or license of the regis-
    41  trant or licensee or may suspend the same for such period as the  super-
    42  intendent determines.
    43    §  2909.  Stay  or  suspension  of superintendent's determination. The
    44  commencement of a proceeding under article seventy-eight  of  the  civil
    45  practice  law  and  rules, to review the action of the superintendent in
    46  suspending or revoking or refusing to renew any certificate  under  this
    47  article,  shall  stay  such action of the superintendent for a period of
    48  thirty days. Such stay shall not be extended for a longer period  unless
    49  the  court  shall  determine,  after  a preliminary hearing of which the
    50  superintendent is notified forty-eight hours in advance, that a stay  of
    51  the  superintendent's  action pending the final determination or further
    52  order of the court will not injure the interests of the  people  of  the
    53  state.
    54    §  2910.  Revoked  registrations  or licenses. (a)(1) No person, firm,
    55  association, corporation or other entity subject to  the  provisions  of
    56  this  article  whose registration or license under this article has been

        S. 7507--A                         145                        A. 9507--A
 
     1  revoked, or whose registration or license to engage in the  business  of
     2  pharmacy  benefit  management  in  any  capacity has been revoked by any
     3  other state or territory of the United States shall become  employed  or
     4  appointed  by a pharmacy benefit manager as an officer, director, manag-
     5  er, controlling person or for other services, without the prior  written
     6  approval of the superintendent, unless such services are for maintenance
     7  or are clerical or ministerial in nature.
     8    (2)  No person, firm, association, corporation or other entity subject
     9  to the provisions of this article shall knowingly employ or appoint  any
    10  person or entity whose registration or license issued under this article
    11  has  been  revoked,  or  whose  registration or license to engage in the
    12  business of pharmacy benefit management in any capacity has been revoked
    13  by any other state or territory of the United  States,  as  an  officer,
    14  director, manager, controlling person or for other services, without the
    15  prior  written  approval of the superintendent, unless such services are
    16  for maintenance or are clerical or ministerial in nature.
    17    (3) No corporation or partnership subject to the  provisions  of  this
    18  article  shall knowingly permit any person whose registration or license
    19  issued under this article has been revoked,  or  whose  registration  or
    20  license  to engage in the business of pharmacy benefit management in any
    21  capacity has been revoked by any other state, or territory of the United
    22  States, to be a shareholder or have an interest in such  corporation  or
    23  partnership,  nor  shall any such person become a shareholder or partner
    24  in such corporation or partnership, without the prior  written  approval
    25  of the superintendent.
    26    (b)  The  superintendent  may  approve  the employment, appointment or
    27  participation of any such person whose registration or license has  been
    28  revoked:
    29    (1)  if the superintendent determines that the duties and responsibil-
    30  ities of such person are subject to  appropriate  supervision  and  that
    31  such  duties  and  responsibilities will not have an adverse effect upon
    32  the public, other registrants or licensees, or the registrant or  licen-
    33  see proposing employment or appointment of such person; or
    34    (2)  if  such  person  has  filed an application for reregistration or
    35  relicensing pursuant to this article and the application for reregistra-
    36  tion or relicensing has not been approved or denied within  one  hundred
    37  twenty  days  following  the  filing  thereof, unless the superintendent
    38  determines within the said time that employment or appointment  of  such
    39  person  by a registrant or licensee in the conduct of a pharmacy benefit
    40  management business would not be in the public interest.
    41    (c) The provisions of this section shall not apply to the ownership of
    42  shares of any corporation registered or licensed pursuant to this  arti-
    43  cle  if  the  shares of such corporation are publicly held and traded in
    44  the over-the-counter market or upon any national or regional  securities
    45  exchange.
    46    § 2911. Change of address. A registrant or licensee under this article
    47  shall inform the superintendent by a means acceptable to the superinten-
    48  dent of a change of address within thirty days of the change.
    49    §  2912.  Duties.  (a) A pharmacy benefit manager shall be required to
    50  adhere to the code of conduct, as the superintendent  may  establish  by
    51  regulation pursuant to section twenty-nine hundred six of this article.
    52    (b)  No contract with a health plan shall limit access to financial or
    53  utilization information of the pharmacy benefit manager in  relation  to
    54  pharmacy benefit management services provided to the health plan.
    55    (c)  A  pharmacy benefit manager shall disclose in writing to a health
    56  plan with whom a contract for pharmacy benefit management  services  has

        S. 7507--A                         146                        A. 9507--A
 
     1  been executed any activity, policy, practice, contract or arrangement of
     2  the  pharmacy  benefit  manager  that  directly or indirectly presents a
     3  conflict of interest with the  pharmacy  benefit  manager's  contractual
     4  relationship with, or duties and obligations to, the health plan.
     5    (d) A pharmacy benefit manager shall assist a health plan in answering
     6  any inquiry made under section three hundred eight of this chapter.
     7    (e)  No  pharmacy  benefit  manager shall violate any provision of the
     8  public health law applicable to pharmacy benefit managers.
     9    (f) (1) Any information required to be disclosed by a pharmacy benefit
    10  manager to a health plan under this section that is  designated  by  the
    11  pharmacy  benefit  manager  as  proprietary  or trade secret information
    12  shall be kept confidential by the health plan, except as required to  be
    13  disclosed by law or court order, including disclosure necessary to pros-
    14  ecute or defend any legitimate legal claim or cause of action.
    15    (2)  Designation as proprietary or trade secret information under this
    16  subsection shall have no effect on the obligations of any pharmacy bene-
    17  fit manager or health plan to provide that information  to  the  depart-
    18  ment.
    19    §  2913. Applicability of other laws. Nothing in this article shall be
    20  construed to exempt a pharmacy benefit manager from complying  with  the
    21  provisions  of  articles  twenty-one  and forty-nine of this chapter and
    22  articles forty-four and forty-nine and sections two hundred eighty-a and
    23  two hundred eighty-c of the public health  law,  section  three  hundred
    24  sixty-four-j  of the social services law, or any other provision of this
    25  chapter or the financial services law.
    26    § 2914. Assessments. Notwithstanding section two hundred  six  of  the
    27  financial  services law, pharmacy benefit managers that file a registra-
    28  tion with the department or are licensed  by  the  department  shall  be
    29  assessed by the superintendent for the operating expenses of the depart-
    30  ment  that are attributable to regulating such pharmacy benefit managers
    31  in such proportions as the superintendent shall deem  just  and  reason-
    32  able.
    33    §  2.  Subsection (b) of section 2402 of the insurance law, as amended
    34  by section 71 of part A of chapter 62 of the laws of 2011, is amended to
    35  read as follows:
    36    (b) "Defined violation" means the commission by a  person  of  an  act
    37  prohibited  by:  subsection (a) of section one thousand one hundred two,
    38  section one thousand two hundred  fourteen,  one  thousand  two  hundred
    39  seventeen,  one  thousand two hundred twenty, one thousand three hundred
    40  thirteen, subparagraph (B) of paragraph two of subsection (i) of section
    41  one thousand three hundred twenty-two, subparagraph (B) of paragraph two
    42  of subsection (i) of section one thousand three hundred twenty-four, two
    43  thousand one hundred two, two thousand one hundred seventeen, two  thou-
    44  sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
    45  subsection (p) of section two thousand three hundred  thirteen,  section
    46  two  thousand  three hundred twenty-four, two thousand five hundred two,
    47  two thousand five hundred three, two thousand  five  hundred  four,  two
    48  thousand six hundred one, two thousand six hundred two, two thousand six
    49  hundred  three,  two thousand six hundred four, two thousand six hundred
    50  six, two thousand seven hundred three, two thousand  nine  hundred  two,
    51  two  thousand  nine hundred five, three thousand one hundred nine, three
    52  thousand two hundred twenty-four-a, three thousand four hundred  twenty-
    53  nine,  three  thousand  four  hundred  thirty-three,  paragraph seven of
    54  subsection (e) of section three thousand four hundred  twenty-six,  four
    55  thousand two hundred twenty-four, four thousand two hundred twenty-five,
    56  four thousand two hundred twenty-six, seven thousand eight hundred nine,

        S. 7507--A                         147                        A. 9507--A
 
     1  seven  thousand  eight hundred ten, seven thousand eight hundred eleven,
     2  seven thousand eight hundred  thirteen,  seven  thousand  eight  hundred
     3  fourteen  and  seven  thousand eight hundred fifteen of this chapter; or
     4  section  135.60,  135.65,  175.05,  175.45,  or  190.20,  or article one
     5  hundred five of the penal law.
     6    § 3. Severability. If any provision of this act, or any application of
     7  any provision of this act, is held to be invalid, or ruled by any feder-
     8  al agency to violate or be inconsistent with any applicable federal  law
     9  or  regulation,  that  shall not affect the validity or effectiveness of
    10  any other provision of this act, or of  any  other  application  of  any
    11  provision of this act.
    12    § 4. This act shall take effect immediately.
 
    13                                   PART V
 
    14    Section 1. Section 9.51 of the mental hygiene law, as added by chapter
    15  947  of  the  laws of 1981, subdivision (b) as amended by chapter 465 of
    16  the laws of 1992, subdivision (c) as amended by chapter 230 of the  laws
    17  of  2004, the opening paragraph of subdivision (d) as amended by chapter
    18  273 of the laws of 1986, subdivision (f) as amended by  chapter  401  of
    19  the  laws  of  2006,  and  the  closing  paragraph of subdivision (g) as
    20  amended by section 66 of part A of chapter 3 of the  laws  of  2005,  is
    21  amended to read as follows:
    22  § 9.51 Residential  treatment  facilities for children and youth; admis-
    23           sions.
    24    (a) A psychiatric residential treatment facility  is  devoted  to  the
    25  provision  of  inpatient  psychiatric  care for persons under the age of
    26  twenty-one. The director of a residential treatment facility  for  chil-
    27  dren  and  youth  may  receive as a patient a person in need of care and
    28  treatment in such a facility who has been [certified as needing]  deter-
    29  mined  appropriate  for  such  care  [by the pre-admission certification
    30  committee serving the facility] and treatment in accordance with  stand-
    31  ards  and  priorities  for  admission established by [such committee, as
    32  provided by this section. Subject to the provisions of this section, the
    33  provisions of this article shall apply to  admission  and  retention  of
    34  patients to residential treatment facilities for children and youth] the
    35  office in regulations.
    36    (b)  Persons  admitted  as  in-patients  to  hospitals operated by the
    37  office of mental health upon the application of  the  [director  of  the
    38  division  for  youth]  commissioner of the office of children and family
    39  services pursuant to section five hundred nine of the executive  law  or
    40  353.4  of  the  family  court  act  who are not subject to a restrictive
    41  placement pursuant to section 353.5 of the family  court  act,  may,  if
    42  appropriate,  and  subject  to the provisions of subdivision (d) of this
    43  section, be transferred to a residential treatment facility for children
    44  and youth. The [director of the division for youth] commissioner of  the
    45  office  of  children  and  family services shall be notified of any such
    46  transfer. When appropriate, the director of  the  residential  treatment
    47  facility  may  arrange  the  return  of  a patient so transferred to the
    48  hospital or the transfer of a patient to another hospital or, in accord-
    49  ance with subdivision four of section five hundred nine of the executive
    50  law[, to the division for youth] to the commissioner of  the  office  of
    51  children and family services.
    52    (c)  The  commissioner  shall  [designate  pre-admission certification
    53  committees for defined geographic areas to evaluate each person proposed
    54  for admission or transfer to a residential treatment facility for  chil-

        S. 7507--A                         148                        A. 9507--A

     1  dren  and  youth.  When  designating  persons  to serve on pre-admission
     2  certification committees, the commissioners shall assure that the inter-
     3  ests of the people residing in the area to be served by  each  committee
     4  are  represented.  Such  committees shall include a person designated by
     5  the office of mental health, a person designated by  the  state  commis-
     6  sioner  of  social services and a person designated by the state commis-
     7  sioner of education. The commissioner of  mental  health  shall  consult
     8  with  the  conference  of local mental hygiene directors and the commis-
     9  sioner of social services shall consult  with  county  commissioners  of
    10  social  services in the area to be served by a committee prior to desig-
    11  nating persons to serve on a committee. The commissioners may  designate
    12  persons  who  are  not state employees to serve on pre-admission certif-
    13  ication committees. Membership of pre-admission certification committees
    14  shall be limited to persons licensed in accordance  with  the  education
    15  law  to  practice  medicine,  nursing,  psychology, or licensed clinical
    16  social work. In the event the persons originally designated to a commit-
    17  tee by the commissioners do not include a  physician,  the  commissioner
    18  shall  designate  a  physician  to  serve as an additional member of the
    19  committee. Each pre-admission certification  committee  shall  designate
    20  five persons representing local governments, voluntary agencies, parents
    21  and other interested persons who shall serve as an advisory board to the
    22  committee]  consult  with the executive director of the council on chil-
    23  dren and families regarding the establishment of an advisory board.  The
    24  advisory  board shall include, as deemed appropriate by the commissioner
    25  and the executive director of the  council  on  children  and  families,
    26  representatives  of  the members of the council on children and families
    27  as specified in section four hundred eighty-three of the social services
    28  law, local agency representatives under the  jurisdiction  of  a  member
    29  agency  of  the council on children and families.  Such board shall have
    30  the right to visit residential treatment  facilities  for  children  and
    31  youth [served by the committee] and shall have the right to review clin-
    32  ical records [obtained by the pre-admission certification committee] and
    33  shall  be  bound by the confidentiality requirements of section 33.13 of
    34  this chapter.
    35    (d) [All applications] Applications for admission or  transfer  of  an
    36  individual  to  a  residential treatment facility for children and youth
    37  [shall be referred to a pre-admission certification committee for]  must
    38  document  that there has been an evaluation of the needs of the individ-
    39  ual and [certification] a determination of  the  individual's  need  for
    40  treatment  in  a residential treatment facility for children and youth[.
    41  Applications shall include an assessment of the  individual's  psychiat-
    42  ric,  medical  and  social  needs  prepared in accordance with a uniform
    43  assessment method specified by the regulations of the commissioner.  The
    44  committee  may  at  its  discretion  refer an applicant to a hospital or
    45  other facility operated or licensed by  the  office  for  an  additional
    46  assessment.  In  the event of such an additional assessment of the indi-
    47  vidual's needs, the facility conducting the assessment shall attempt  to
    48  receive  all third party insurance or federal reimbursement available as
    49  payment for the assessment. The state shall pay the balance of the  fees
    50  which  may  be  charged  by  the  provider in accordance with applicable
    51  provisions of law. In addition, if necessary, in accordance with section
    52  four thousand five of the education law, the pre-admission certification
    53  committee shall obtain an evaluation of the  educational  needs  of  the
    54  child  by  the  committee on special education of the school district of
    55  residence. The pre-admission certification committee  shall  review  all
    56  requests  for evaluation and certification within thirty days of receipt

        S. 7507--A                         149                        A. 9507--A

     1  of a complete application and any additional assessments it may  require
     2  and,  using  a  uniform assessment method specified by regulation of the
     3  commissioner, evaluate the psychiatric, medical and social needs of  the
     4  proposed admittee and certify: (i) the individual's need for services in
     5  a  residential  treatment  facility  for children and youth and (ii) the
     6  immediacy of that need, given the availability of such services  in  the
     7  area  and  the  needs  of  other children evaluated by the committee and
     8  certified as eligible for admission to a residential treatment  facility
     9  for  children and youth who have not yet been admitted to such a facili-
    10  ty. A pre-admission certification committee shall not certify  an  indi-
    11  vidual  for  admission  unless it finds that] and the appropriateness of
    12  such treatment. In the case of individuals who are applicants or recipi-
    13  ents of medical assistance pursuant to title eleven of article  five  of
    14  the  social  services law, such determination shall also include certif-
    15  ication of need for residential treatment facility services  in  accord-
    16  ance  with this section.  Where certification is required, an individual
    17  will be certified for admission if:
    18    (1) Available ambulatory care resources and other  residential  place-
    19  ments do not meet the treatment needs of the individual;
    20    (2)   Proper  treatment  of  the  individual's  psychiatric  condition
    21  requires in-patient care and treatment under the direction of  a  physi-
    22  cian; and
    23    (3)  Care  and treatment in a residential treatment facility for chil-
    24  dren and youth can reasonably be expected to  improve  the  individual's
    25  condition  or prevent further regression so that services will no longer
    26  be needed, provided that a poor prognosis shall not in itself constitute
    27  grounds for a denial of certification if treatment can  be  expected  to
    28  effect  a change in prognosis. [All decisions of the committee to recom-
    29  mend admission or priority of admission shall be based on the  unanimous
    30  vote  of  those present. The decision of the committee shall be reported
    31  to the applicant. In the event a committee evaluates a child who is  the
    32  subject  of  a  proceeding  currently  pending  in the family court, the
    33  committee shall report its decision  to  the  family  court.]  Prior  to
    34  admission  and  as frequently as the office or its designee deems neces-
    35  sary, the office or its designee may evaluate the medical necessity  and
    36  quality  of  services  for  each  Medicaid  member. If the office or its
    37  designee determines that residential treatment services  are  no  longer
    38  appropriate,  the  determination  of the office or its designee shall be
    39  reported to the facility and the person, or the person's legally author-
    40  ized representative. Such determination shall not be effective  retroac-
    41  tively.
    42    No residential treatment facility for children and youth shall admit a
    43  person  who  has  not been determined appropriate and where appropriate,
    44  certified [as suitable] for such admission [by the  appropriate  pre-ad-
    45  mission certification committee]. Residential treatment facilities shall
    46  admit  [children in accordance with priorities for admission of children
    47  most immediately in need of such services established by the  pre-admis-
    48  sion  certification  committee  serving  the facility in accordance with
    49  standards established by the commissioner]  individuals  who  have  been
    50  designated as priority admissions by the office or commissioner's desig-
    51  nee.
    52    (e)  Notwithstanding  any inconsistent provision of law, no government
    53  agency shall make payments pursuant to title  nineteen  of  the  federal
    54  social  security act or articles five and six of the social services law
    55  to a residential treatment facility for children and youth  for  service

        S. 7507--A                         150                        A. 9507--A
 
     1  to a person whose need for care and treatment in such a facility was not
     2  certified pursuant to this section.
     3    (f)  No  person  shall be admitted to a residential treatment facility
     4  for children and youth who has a mental illness which presents a likeli-
     5  hood of serious harm to others; "likelihood of serious harm" shall  mean
     6  a  substantial  risk  of physical harm to other persons as manifested by
     7  recent homicidal or other violent behavior by which others are placed in
     8  reasonable fear of serious physical harm.
     9    (g) Notwithstanding any other provision of law, [pre-admission certif-
    10  ication committees] the office or commissioner's designee shall be enti-
    11  tled to review clinical records maintained by any person or entity which
    12  pertain to an individual on whose behalf  an  application  is  made  for
    13  admission  to  a  residential treatment facility for children and youth.
    14  Any clinical records received by [a pre-admission certification  commit-
    15  tee  and  all  assessments  submitted  to  the  committee] the office or
    16  commissioner's designee shall be kept confidential  in  accordance  with
    17  the  provisions  of  section 33.13 of [the mental hygiene law, provided,
    18  however, that the commissioner may have access to and receive copies  of
    19  such  records for the purpose of evaluating the operation and effective-
    20  ness of the committee] this chapter.
    21    Confidentiality of clinical records of treatment  of  a  person  in  a
    22  residential  treatment  facility  for  children and youth shall be main-
    23  tained as required in section 33.13 of this chapter. That portion of the
    24  clinical record maintained by a residential treatment facility for chil-
    25  dren and youth operated by an authorized agency specifically related  to
    26  medical  care  and  treatment shall not be considered part of the record
    27  required to be maintained by such authorized agency pursuant to  section
    28  three  hundred  seventy-two  of the social services law and shall not be
    29  discoverable in a proceeding under section three  hundred  fifty-eight-a
    30  of  the  social  services  law  or article ten-A of the family court act
    31  except upon order of the family court; provided, however, that all other
    32  information required by a local social services district or  the  office
    33  of  children  and family services for purposes of sections three hundred
    34  fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
    35  services law and  article  ten-A  of  the  family  court  act  shall  be
    36  furnished  on request, and the confidentiality of such information shall
    37  be safeguarded as provided in section four hundred sixty-e of the social
    38  services law.
    39    § 2. Subdivisions (b) and (c) of section 31.26 of the  mental  hygiene
    40  law, as added by chapter 947 of the laws of 1981, are amended to read as
    41  follows:
    42    (b)  The  commissioner  shall  have the power to adopt rules and regu-
    43  lations governing the establishment and operation of residential  treat-
    44  ment facilities for children and youth. Such rules and regulations shall
    45  at  least require, as a condition of issuance or retention of an operat-
    46  ing certificate for a residential treatment facility  for  children  and
    47  youth,  that admission of children into such facilities be in accordance
    48  with priorities for admission of children most immediately  in  need  of
    49  such  services [established by the pre-admission certification committee
    50  serving the facility,] in accordance with [section 9.51 of this chapter]
    51  standards established by the commissioner.
    52    (c) The commissioner [and the commissioner of social services  shall],
    53  in  consultation with the commissioner of education [and the director of
    54  the division for youth], the commissioner of  social  services  and  the
    55  commissioner  of the office of children and family services, shall adopt
    56  rules and regulations governing  the  [operation  of  the  pre-admission

        S. 7507--A                         151                        A. 9507--A

     1  certification  committees]  standards  for  admissions of individuals to
     2  residential treatment facilities required in section 9.51 of this  chap-
     3  ter.
     4    §  3.  Subdivision  (g)  of section 9.27 of the mental hygiene law, as
     5  added by chapter 947 of the laws of 1981, is amended to read as follows:
     6    (g) Applications for involuntary admission of patients to  residential
     7  treatment facilities for children and youth or transfer of involuntarily
     8  admitted  patients  to  such  facilities  [shall] may be reviewed by the
     9  [pre-admission certification committee] office or commissioner's  desig-
    10  nee  serving such facility in accordance with section 9.51 of this arti-
    11  cle.
    12    § 4. This act shall take effect July 1, 2020 and shall  apply  to  all
    13  applications received on or after such effective date.
 
    14                                   PART W
 
    15    Section  1.  Subdivision 9 of section 730.10 of the criminal procedure
    16  law, as added by section 1 of part Q of chapter 56 of the laws of  2012,
    17  is amended to read as follows:
    18    9.  "Appropriate  institution"  means:  (a) a hospital operated by the
    19  office of mental health or a developmental center operated by the office
    20  for people with developmental disabilities; [or] (b) a hospital licensed
    21  by the department of health which operates a psychiatric  unit  licensed
    22  by  the  office  of  mental  health,  as  determined by the commissioner
    23  provided, however, that any such hospital that is not  operated  by  the
    24  state shall qualify as an "appropriate institution" only pursuant to the
    25  terms  of an agreement between the commissioner and the hospital; or (c)
    26  a mental health unit operating  within  a  local  correctional  facility
    27  except  those  located within a city with a population of one million or
    28  more; provided however, that any such mental health unit operating with-
    29  in a local correctional facility shall qualify as an "appropriate insti-
    30  tution" only pursuant to the terms of an agreement between  the  commis-
    31  sioner  of  mental  health, director of community mental health services
    32  and the sheriff for the respective locality.   Nothing in  this  article
    33  shall be construed as requiring a hospital or local correctional facili-
    34  ty to consent to providing care and treatment to an incapacitated person
    35  at such hospital or local correctional facility.
    36    § 2. This act shall take effect immediately.
 
    37                                   PART X
 
    38    Section  1.  Pursuant  to  section 7.18 of the mental hygiene law, the
    39  office of mental health will establish a separate  appointing  authority
    40  of  secure  treatment  and  rehabilitation  center  within the office of
    41  mental health for the care and  treatment  of  dangerous  sex  offenders
    42  requiring  confinement  as described in article 10 of the mental hygiene
    43  law. All office of mental health employees who are substantially engaged
    44  in the care and treatment of article 10 sex  offenders  will  be  trans-
    45  ferred  to  the  secure  treatment and rehabilitation center pursuant to
    46  subdivision 2 of section 70 of the civil  service  law.  Employees  will
    47  remain in their current geographic location, and civil service title and
    48  status.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART Y

        S. 7507--A                         152                        A. 9507--A
 
     1    Section  1.  Sections  19  and  21  of chapter 723 of the laws of 1989
     2  amending the mental hygiene law and other laws relating to comprehensive
     3  psychiatric emergency programs, as amended by section 1  of  part  I  of
     4  chapter 59 of the laws of 2016, are amended to read as follows:
     5    §  19. Notwithstanding any other provision of law, the commissioner of
     6  mental health shall, until July 1, [2020] 2024, be solely authorized, in
     7  his or her discretion,  to  designate  those  general  hospitals,  local
     8  governmental units and voluntary agencies which may apply and be consid-
     9  ered  for the approval and issuance of an operating certificate pursuant
    10  to article 31 of the mental hygiene law for the operation of  a  compre-
    11  hensive psychiatric emergency program.
    12    §  21.  This  act shall take effect immediately, and sections one, two
    13  and four through twenty of this act  shall  remain  in  full  force  and
    14  effect,  until  July  1,  [2020]  2024, at which time the amendments and
    15  additions made by such sections of  this  act  shall  be  deemed  to  be
    16  repealed,  and  any  provision of law amended by any of such sections of
    17  this act shall revert to its text as it existed prior to  the  effective
    18  date of this act.
    19    §  2.  Subdivisions  (a), (b), (e), (f) and (h) of section 9.40 of the
    20  mental hygiene law, as added by chapter 723 of the  laws  of  1989,  are
    21  amended, and a new subdivision (a-1) is added to read as follows:
    22    (a)  The  director  of any comprehensive psychiatric emergency program
    23  may receive and retain therein for a period not to exceed  [seventy-two]
    24  ninety-six  hours, any person alleged to have a mental illness for which
    25  immediate observation, care and treatment in such program is appropriate
    26  and which is likely to result in serious harm to the person  or  others.
    27  The director shall cause to be entered upon the program records the name
    28  of the person or persons, if any, who have brought the person alleged to
    29  have  a  mental  illness  to  the program and the details of the circum-
    30  stances leading the person or persons to bring  the  person  alleged  to
    31  have a mental illness to the program.
    32    (a-1)  The  director  shall  cause  triage and referral services to be
    33  provided by a psychiatric nurse practitioner or physician of the program
    34  as soon as such person is received into  the  comprehensive  psychiatric
    35  emergency  program.  After  receiving triage and referral services, such
    36  person shall be appropriately treated and discharged,  or  referred  for
    37  further  crisis  intervention  services  including  an  examination by a
    38  physician as described in subdivision (b) of this section.
    39    (b)  The  director  shall  cause  examination  of  such  persons   not
    40  discharged  after  the  provision  of triage and referral services to be
    41  initiated by a staff physician of the program as soon as practicable and
    42  in any event within six hours after the  person  is  received  into  the
    43  program's  emergency  room. Such person may be retained for observation,
    44  care and treatment and further examination for up to  twenty-four  hours
    45  if,  at  the  conclusion  of such examination, such physician determines
    46  that such person may have a mental illness for which immediate  observa-
    47  tion,  care  and  treatment  in  a  comprehensive  psychiatric emergency
    48  program is appropriate, and which is likely to result in serious harm to
    49  the person or others.
    50    (e) If at any time within the seventy-two [hour period  it  is  deter-
    51  mined  that] hours after such person is admitted to an extended observa-
    52  tion bed and continues to require immediate observation, care and treat-
    53  ment in accordance with this section and the need for such [requirement]
    54  care is likely to continue beyond [the  seventy-two  hour  period]  such
    55  time  period, such person shall be removed within a reasonable period of
    56  time to  an  appropriate  hospital  authorized  to  receive  and  retain

        S. 7507--A                         153                        A. 9507--A
 
     1  patients  pursuant to section 9.39 of this article and such person shall
     2  be evaluated for admission and, if appropriate,  shall  be  admitted  to
     3  such  hospital  in  accordance with section 9.39 of this article, except
     4  that  if  the  person  is  admitted, the fifteen day retention period of
     5  subdivision (b) of section 9.39 of this article shall be calculated from
     6  the time such person was initially [registered] received into the  emer-
     7  gency  room  of  the  comprehensive  psychiatric  emergency program. Any
     8  person removed to a hospital pursuant to this paragraph shall be removed
     9  without regard to the provisions of section 29.11 or 29.15 of this chap-
    10  ter and shall not be considered to have been transferred  or  discharged
    11  to another hospital.
    12    (f)  Nothing  in this section shall preclude the involuntary admission
    13  of a person to an appropriate hospital pursuant  to  the  provisions  of
    14  this  article  if  at  any time during the [seventy-two] ninety-six hour
    15  period it is determined that the person is in need of  involuntary  care
    16  and treatment in a hospital and the person does not agree to be admitted
    17  to  a hospital as a voluntary or informal patient. Efforts shall be made
    18  to assure that any arrangements for such involuntary  admissions  in  an
    19  appropriate hospital shall be made within a reasonable period of time.
    20    (h)  All  time  periods referenced in this section shall be calculated
    21  from the time such person is initially [registered]  received  into  the
    22  emergency room of the comprehensive psychiatric emergency program.
    23    §  3.  Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
    24  graph (ii) of paragraph 2 of subdivision (b) of  section  31.27  of  the
    25  mental  hygiene  law, paragraph 2 of subdivision (a) as added by chapter
    26  723 of the laws of 1989, paragraph 5 of subdivision (a)  as  amended  by
    27  section  1 and paragraph 1 of subdivision (b) as amended by section 2 of
    28  part M of chapter 57 of the laws of 2006 and subparagraph (ii) of  para-
    29  graph  2 of subdivision (b) as amended by section 2 of part E of chapter
    30  111 of the laws of 2010, are amended and a new paragraph 12 is added  to
    31  subdivision (a) to read as follows:
    32    (2) "Crisis   intervention  services"  means  [psychiatric  emergency]
    33  services provided in an emergency room located within a  general  hospi-
    34  tal,  which shall include but not be limited to: psychiatric and medical
    35  evaluations and assessments; prescription or adjustment  of  medication,
    36  counseling,  and  other  stabilization or treatment services intended to
    37  reduce symptoms of mental illness[; extended observation beds; and other
    38  on-site psychiatric emergency services] when appropriate.
    39    (5) "Extended observation bed" means an inpatient bed which is  in  or
    40  adjacent  to  an  emergency  room  located  within a general hospital or
    41  satellite facility approved by the commissioner, designed to  provide  a
    42  safe  environment for an individual who, in the opinion of the examining
    43  physician, requires extensive evaluation, assessment,  or  stabilization
    44  of  the person's acute psychiatric symptoms, except that, if the commis-
    45  sioner determines that the program can provide for the privacy and safe-
    46  ty of all patients receiving services in  a  hospital,  he  or  she  may
    47  approve the location of one or more such beds within another unit of the
    48  hospital.
    49    (12) "Satellite facility" means a medical facility providing psychiat-
    50  ric  emergency services that is managed and operated by a general hospi-
    51  tal who holds a valid operating certificate for a comprehensive  psychi-
    52  atric  emergency  program and is located away from the central campus of
    53  the general hospital.
    54    (1) The  commissioner  may  license  the  operation  of  comprehensive
    55  psychiatric  emergency  programs by general hospitals which are operated
    56  by state or local governments or voluntary agencies.  The  provision  of

        S. 7507--A                         154                        A. 9507--A
 
     1  such  services  in  general  hospitals  may be located either within the
     2  state or, with the approval of the commissioner and the director of  the
     3  budget  and  to  the  extent consistent with state and federal law, in a
     4  contiguous  state.  The commissioner is further authorized to enter into
     5  interstate agreements for the purpose of facilitating the development of
     6  programs which  provide  services  in  another  state.  A  comprehensive
     7  psychiatric emergency program shall serve as a primary psychiatric emer-
     8  gency  service  provider  within a defined catchment area for persons in
     9  need of psychiatric emergency services  including  persons  who  require
    10  immediate  observation,  care  and  treatment in accordance with section
    11  9.40 of this chapter. Each comprehensive psychiatric  emergency  program
    12  shall  provide  or  contract  to  provide psychiatric emergency services
    13  twenty-four hours per day, seven days per week, including but not limit-
    14  ed to: crisis intervention services, crisis outreach  services,  [crisis
    15  residence  services,] extended observation beds, and triage and referral
    16  services.
    17    (ii) a description of the program's  psychiatric  emergency  services,
    18  including  but  not  limited  to  crisis  intervention  services, crisis
    19  outreach services, [crisis  residence  services,]  extended  observation
    20  beds, and triage and referral services, whether or not provided directly
    21  or through agreement with other providers of services;
    22    §  4.  Paragraphs  4  and 8 of subdivision (a), and subdivision (i) of
    23  section 31.27 of the mental hygiene law are REPEALED.
    24    § 5. This act shall take effect immediately and  shall  be  deemed  to
    25  have  been in full force and effect on and after April 1, 2020; provided
    26  however that:
    27    (a) sections two through four of this act shall take effect on the one
    28  hundred eightieth day after it shall have become a law;
    29    (b) the amendments to section 19 of chapter 723 of the  laws  of  1989
    30  amending the mental hygiene law and other laws relating to comprehensive
    31  psychiatric emergency programs made by section one of this act shall not
    32  affect  the  repeal  of such section and shall be deemed repealed there-
    33  with;
    34    (c) the amendments to section 9.40 of the mental hygiene law  made  by
    35  section  two of this act shall not affect the repeal of such section and
    36  shall be deemed repealed therewith; and
    37    (d) the amendments to section 31.27 of the mental hygiene law made  by
    38  section  three  of  this act shall not affect the repeal of such section
    39  and shall be deemed repealed therewith.
 
    40                                   PART Z
 
    41    Section 1. The insurance law is amended by adding a new section 344 to
    42  read as follows:
    43    § 344. Mental health and  substance  use  disorder  parity  compliance
    44  programs.  (a)  Pursuant  to the Paul Wellstone and Pete Domenici Mental
    45  Health Parity and Addiction Equity Act of 2008 (29 U.S.C. §  1185a)  and
    46  the  requirement  to  provide  mental  health and substance use disorder
    47  coverage that is comparable to medical and surgical services  as  refer-
    48  enced in sections three thousand two hundred sixteen, three thousand two
    49  hundred  twenty-one  and four thousand three hundred three of this chap-
    50  ter, the superintendent and the commissioner of health, in  consultation
    51  with the commissioner of addiction services and supports and the commis-
    52  sioner  of  mental health, shall promulgate regulations prior to October
    53  first, two thousand twenty to establish mental health and substance  use
    54  disorder  parity  compliance  program  requirements.    Such regulations

        S. 7507--A                         155                        A. 9507--A
 
     1  shall, at a minimum, set forth requirements for policies and  procedures
     2  for  compliance,  impermissible practices, requirements for training and
     3  education programs, public notification and remediation requirements and
     4  methods  for  designating  an employee of the insurer who is responsible
     5  for ensuring parity compliance consistent with this chapter and  federal
     6  requirements.
     7    (b)  Penalties  collected for violations of section three thousand two
     8  hundred sixteen, three thousand two hundred twenty-one and four thousand
     9  three hundred three of the insurance law prior  to  October  first,  two
    10  thousand  twenty  shall  be  deposited  into the general fund. Penalties
    11  collected on or after October first, two thousand twenty for  violations
    12  of  section  three  thousand  two  hundred  sixteen,  three thousand two
    13  hundred twenty-one and four thousand three hundred three of  the  insur-
    14  ance  law  related  to  mental  health and substance use disorder parity
    15  compliance and violations of regulations promulgated  pursuant  to  this
    16  section  shall  be  deposited  in a fund established pursuant to section
    17  ninety-nine-hh of the state finance law.
    18    § 2. The state finance law is amended by adding a new section 99-hh to
    19  read as follows:
    20    § 99-hh. Behavioral health parity compliance fund. 1. There is  hereby
    21  established  in  the custody of the state comptroller and the department
    22  of taxation and finance a special fund to be  known  as  the  behavioral
    23  health parity compliance fund.
    24    2.  Moneys  in  the  behavioral health parity compliance fund shall be
    25  kept separate from and shall not be commingled with any other moneys  in
    26  the  custody  of  the  comptroller  or  the commissioner of taxation and
    27  finance.  Provided, however that any moneys of the fund not required for
    28  immediate use may, at the discretion of the comptroller, in consultation
    29  with the director of the budget, be invested by the comptroller in obli-
    30  gations of the United States or the state.  The  proceeds  of  any  such
    31  investment  shall  be  retained  by  the  fund  as assets to be used for
    32  purposes of this fund.
    33    3. Such fund shall consist of all  moneys  required  to  be  deposited
    34  thereto  pursuant  to  section three hundred forty-four of the insurance
    35  law, section forty-four hundred fourteen of the public health law or any
    36  other provision of law, monetary grants, gifts or bequests  received  by
    37  the state, and all other moneys credited or transferred thereto from any
    38  other fund or source.
    39    4.  Moneys of the fund shall only be expended for initiatives support-
    40  ing parity  implementation  and  enforcement  on  behalf  of  consumers,
    41  including the behavioral health ombudsman program.
    42    §  3.  Section 4414 of the public health law, as added by chapter 2 of
    43  the laws of 1998, and as further amended by section 104  of  part  A  of
    44  chapter 62 of the laws of 2011, is amended to read as follows:
    45    §  4414.  Health  care  compliance  programs.  1.  The commissioner of
    46  health,  after  consultation  with  the  superintendent   of   financial
    47  services,  shall  by  regulation  establish  standards  and criteria for
    48  compliance programs to be implemented by persons providing  coverage  or
    49  coverage  and service pursuant to any public or governmentally-sponsored
    50  or supported plan for health care coverage or services. Such regulations
    51  shall include provisions for the design and implementation  of  programs
    52  or  processes  to  prevent,  detect  and  address instances of fraud and
    53  abuse. Such regulations shall take into account the nature of the  enti-
    54  ty's  business and the size of its enrolled population. The commissioner
    55  of health and the superintendent  of  financial  services  shall  accept
    56  programs and processes implemented pursuant to section four hundred nine

        S. 7507--A                         156                        A. 9507--A
 
     1  of  the  insurance law as satisfying the obligations of this section and
     2  the regulations promulgated thereunder when such programs and  processes
     3  incorporate the objectives contemplated by this section.
     4    2.  (a) Pursuant to the Paul Wellstone and Pete Domenici Mental Health
     5  Parity and Addiction Equity Act of 2008 (29  U.S.C.  §  1185a)  and  the
     6  requirement to provide mental health and substance use disorder coverage
     7  that  is  comparable  to  medical and surgical services as referenced in
     8  section four thousand three hundred three  of  the  insurance  law,  the
     9  commissioner  and the superintendent of financial services, in consulta-
    10  tion with the commissioner of addiction services and  supports  and  the
    11  commissioner  of  mental  health,  shall promulgate regulations prior to
    12  October first, two  thousand  twenty  to  establish  mental  health  and
    13  substance  use  disorder  parity  compliance  program requirements. Such
    14  regulations shall, at a minimum, set forth requirements for policies and
    15  procedures for compliance,  impermissible  practices,  requirements  for
    16  training  and  education  programs,  public notification and remediation
    17  requirements and methods for designating an employee of the health main-
    18  tenance organization who is responsible for ensuring  parity  compliance
    19  consistent with this chapter and federal requirements.
    20    (b)  Notwithstanding  any provisions of section twelve of this chapter
    21  to the contrary, penalties collected from any health maintenance  organ-
    22  ization certified pursuant to this article resulting from a violation of
    23  the  health  maintenance  organization's mental health and substance use
    24  disorder parity compliance program shall be deposited  into  the  behav-
    25  ioral  health  parity compliance fund as established pursuant to section
    26  ninety-nine-hh of the state finance law.
    27    § 4. This act shall take effect immediately and  shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2020.
 
    29                                   PART AA
 
    30    Section  1.  Subparagraph  (iv)  of  paragraph  c  of subdivision 3 of
    31  section 492 of the social services law, as added by section 1 of part  B
    32  of chapter 501 of the laws of 2012, is amended to read as follows:
    33    (iv)  when  determined to be relevant to an investigation, contact the
    34  statewide central register of child abuse and maltreatment to  determine
    35  whether  the  subject of the report has been or is currently the subject
    36  of an indicated child abuse and maltreatment report  on  file  with  the
    37  statewide central register of child abuse and maltreatment;
    38    § 2. This act shall take effect immediately.
 
    39                                   PART BB

    40    Section  1. Subdivision (a) of section 16.03 of the mental hygiene law
    41  is amended by adding a new paragraph 5 to read as follows:
    42    (5) The provision of  services  approved  in  a  medicaid  state  plan
    43  authorized  pursuant  to  section  nineteen  hundred  two of the federal
    44  social security act, including optional state plan  services  authorized
    45  pursuant  to  subdivision (g) of section nineteen hundred fifteen of the
    46  federal social security act,  and  designated  by  the  commissioner  of
    47  health, in consultation with the commissioner, as being for persons with
    48  developmental disabilities.
    49    §  2.  Subdivision  (d) of section 16.03 of the mental hygiene law, as
    50  added by chapter 786 of the laws of 1983, is amended to read as follows:
    51    (d) The operation of a facility or provision of services for which  an
    52  operating  certificate  is required pursuant to this article shall be in

        S. 7507--A                         157                        A. 9507--A
 
     1  accordance with the terms of the operating  certificate  and  the  regu-
     2  lations of the commissioner.
     3    §  3.  Subdivision  (a)  of section 16.11 of the mental hygiene law is
     4  amended by adding a new paragraph 3 to read as follows:
     5    (3) The review of providers of services, as defined in paragraph  five
     6  of  subdivision  (a) of section 16.03 of this article, shall ensure that
     7  the provider of services complies  with  all  the  requirements  of  the
     8  applicable  federal regulations and rules and the regulations adopted by
     9  the commissioner.
    10    § 4. Paragraph (a) of subdivision 4  of  section  488  of  the  social
    11  services  law,  as  amended by section 2 of part MM of chapter 58 of the
    12  laws of 2015, is amended to read as follows:
    13    (a) a facility or program in which services are provided and which  is
    14  operated,  licensed  or  certified  by  the office of mental health, the
    15  office for people with  developmental  disabilities  or  the  office  of
    16  [alcoholism   and  substance  abuse  services]  addiction  services  and
    17  supports, including but not limited to  psychiatric  centers,  inpatient
    18  psychiatric units of a general hospital, developmental centers, interme-
    19  diate care facilities, community residences, group homes and family care
    20  homes,  provided,  however,  that  such  term shall not include a secure
    21  treatment facility as defined in section 10.03  of  the  mental  hygiene
    22  law,  services  defined  in  [subparagraph]  paragraphs four and five of
    23  subdivision (a) of section 16.03 of the mental hygiene law, or  services
    24  provided  in  programs  or facilities that are operated by the office of
    25  mental health and located in state  correctional  facilities  under  the
    26  jurisdiction of the department of corrections and community supervision;
    27    §  5.  Subdivision  6  of  section  2899  of the public health law, as
    28  amended by section 3 of part C of chapter 57 of the  laws  of  2018,  is
    29  amended to read as follows:
    30    6.  "Provider"  shall  mean:  (a) any residential health care facility
    31  licensed under article twenty-eight of this chapter;  or  any  certified
    32  home health agency, licensed home care services agency or long term home
    33  health  care program certified under article thirty-six of this chapter;
    34  any hospice program certified pursuant to article forty of this chapter;
    35  or any adult home, enriched housing  program  or  residence  for  adults
    36  licensed under article seven of the social services law; or (b) a health
    37  home, or any subcontractor of such health home, who contracts with or is
    38  approved  or  otherwise  authorized  by the department to provide health
    39  home services, including [to all those enrolled pursuant to a  diagnosis
    40  of  a  developmental  disability as defined in subdivision twenty-two of
    41  section 1.03 of the mental hygiene law  and]  enrollees  who  are  under
    42  twenty-one years of age, under section three hundred sixty-five-l of the
    43  social  services  law, except for a health home, or any subcontractor of
    44  such health home, who contracts with or is approved or otherwise author-
    45  ized by the department to provide health  home  services  to  all  those
    46  enrolled  pursuant  to  a  diagnosis  of  a  developmental disability as
    47  defined in subdivision twenty-two of section 1.03 of the mental  hygiene
    48  law;  or  any  entity that provides home and community based services to
    49  enrollees who are under twenty-one years of age  under  a  demonstration
    50  program pursuant to section eleven hundred fifteen of the federal social
    51  security act.
    52    §  6.  Paragraph  (b) of subdivision 9 of section 2899-a of the public
    53  health law, as amended by section 4 of part C of chapter 57 of the  laws
    54  of 2018, is amended to read as follows:
    55    (b)  Residential  health  care facilities licensed pursuant to article
    56  twenty-eight of this chapter and certified home health care agencies and

        S. 7507--A                         158                        A. 9507--A
 
     1  long-term home health care programs certified or  approved  pursuant  to
     2  article  thirty-six of this chapter or a health home, or any subcontrac-
     3  tor of such health home, who contracts with or is approved or  otherwise
     4  authorized  by the department to provide health home services, including
     5  [to all those enrolled pursuant to a diagnosis of a developmental  disa-
     6  bility  as  defined  in  subdivision  twenty-two  of section 1.03 of the
     7  mental hygiene law and] enrollees who are under twenty-one years of age,
     8  under section three hundred sixty-five-l of  the  social  services  law,
     9  except  for a health home, or any subcontractor of such health home, who
    10  contracts with or is approved or otherwise authorized by the  department
    11  to  provide  health  home  services  to all those enrolled pursuant to a
    12  diagnosis of a developmental disability as defined in subdivision  twen-
    13  ty-two  of  section  1.03  of the mental hygiene law; or any entity that
    14  provides home and community based services to enrollees  who  are  under
    15  twenty-one  years  of  age  under  a  demonstration  program pursuant to
    16  section eleven hundred fifteen of the federal social security act,  may,
    17  subject to the availability of federal financial participation, claim as
    18  reimbursable  costs under the medical assistance program, costs reflect-
    19  ing the fee established pursuant to law  by  the  division  of  criminal
    20  justice  services  for  processing a criminal history information check,
    21  the fee imposed by the federal bureau of investigation  for  a  national
    22  criminal  history check, and costs associated with obtaining the finger-
    23  prints, provided, however, that for the purposes of determining rates of
    24  payment pursuant to article twenty-eight of this chapter for residential
    25  health care facilities,  such  reimbursable  fees  and  costs  shall  be
    26  reflected  as  timely as practicable in such rates within the applicable
    27  rate period.
    28    § 7. Subdivision 10 of section 2899-a of the  public  health  law,  as
    29  amended  by  section  1 of part EE of chapter 57 of the laws of 2019, is
    30  amended to read as follows:
    31    10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
    32  forty-five-b  of  the  executive  law,  a  certified home health agency,
    33  licensed home care services agency or long term home health care program
    34  certified, licensed or approved under article thirty-six of this chapter
    35  or a home care services agency exempt from  certification  or  licensure
    36  under  article thirty-six of this chapter, a hospice program under arti-
    37  cle forty of this chapter, or an adult home, enriched housing program or
    38  residence for adults licensed under article seven of the social services
    39  law, or a health home, or any subcontractor of  such  health  home,  who
    40  contracts  with or is approved or otherwise authorized by the department
    41  to provide health home services, including [to  all  enrollees  enrolled
    42  pursuant  to  a  diagnosis  of  a developmental disability as defined in
    43  subdivision twenty-two of section 1.03 of the mental  hygiene  law  and]
    44  enrollees  who  are  under  twenty-one years of age, under section three
    45  hundred sixty-five-l of the social services law,  except  for  a  health
    46  home, or any subcontractor of such health home, who contracts with or is
    47  approved  or  otherwise  authorized  by the department to provide health
    48  home services to all those enrolled pursuant to a diagnosis of a  devel-
    49  opmental disability as defined in subdivision twenty-two of section 1.03
    50  of the mental hygiene law; or any entity that provides home and communi-
    51  ty  based  services  to  enrollees who are under twenty-one years of age
    52  under a demonstration program pursuant to section eleven hundred fifteen
    53  of the federal social security act may temporarily approve a prospective
    54  employee while the results of the criminal history information check and
    55  the determination are pending, upon  the  condition  that  the  provider
    56  conducts  appropriate direct observation and evaluation of the temporary

        S. 7507--A                         159                        A. 9507--A
 
     1  employee, while he or she is temporarily employed, and the care  recipi-
     2  ent;  provided, however, that for a health home, or any subcontractor of
     3  a health home, who contracts with or is approved or otherwise authorized
     4  by  the  department  to  provide health home services, including [to all
     5  enrollees enrolled pursuant to a diagnosis of  developmental  disability
     6  as  defined  in  subdivision  twenty-two  of  section 1.03 of the mental
     7  hygiene law and] enrollees who are under twenty-one years of age,  under
     8  section  three  hundred  sixty-five-l of the social services law, except
     9  for a health home,  or  any  subcontractor  of  such  health  home,  who
    10  contracts  with or is approved or otherwise authorized by the department
    11  to provide health home services to all  those  enrolled  pursuant  to  a
    12  diagnosis  of a developmental disability as defined in subdivision twen-
    13  ty-two of section 1.03 of the mental hygiene law;  or  any  entity  that
    14  provides  home  and  community based services to enrollees who are under
    15  twenty-one years of  age  under  a  demonstration  program  pursuant  to
    16  section  eleven  hundred  fifteen  of  the  federal social security act,
    17  direct observation and evaluation of temporary employees  shall  not  be
    18  required  until  July  first, two thousand nineteen. The results of such
    19  observations shall be documented in the temporary  employee's  personnel
    20  file and shall be maintained. For purposes of providing such appropriate
    21  direct  observation  and evaluation, the provider shall utilize an indi-
    22  vidual employed by such provider with a minimum of one year's experience
    23  working in an agency certified, licensed or approved under article thir-
    24  ty-six of this chapter or an adult home,  enriched  housing  program  or
    25  residence for adults licensed under article seven of the social services
    26  law,  a  health  home,  or  any  subcontractor  of such health home, who
    27  contracts with or is approved or otherwise authorized by the  department
    28  to  provide  health home services, including [to those enrolled pursuant
    29  to a diagnosis of a developmental disability as defined  in  subdivision
    30  twenty-two  of section 1.03 of the mental hygiene law and] enrollees who
    31  are under twenty-one years of age, under section  three  hundred  sixty-
    32  five-l  of  the  social  services  law, except for a health home, or any
    33  subcontractor of such health home, who contracts with or is approved  or
    34  otherwise  authorized  by the department to provide health home services
    35  to all those enrolled pursuant to a diagnosis of a  developmental  disa-
    36  bility  as  defined  in  subdivision  twenty-two  of section 1.03 of the
    37  mental hygiene law; or any entity that provides home and community based
    38  services to enrollees who are under twenty-one  years  of  age  under  a
    39  demonstration  program pursuant to section eleven hundred fifteen of the
    40  federal social security act. If the temporary employee is working  under
    41  contract  with  another  provider  certified, licensed or approved under
    42  article thirty-six of this chapter, such contract provider's appropriate
    43  direct observation and evaluation of the temporary  employee,  shall  be
    44  considered  sufficient  for the purposes of complying with this subdivi-
    45  sion.
    46    § 8. This act shall take effect on the ninetieth day  after  it  shall
    47  have become a law; provided, however, that the amendments to subdivision
    48  6  of section 2899 of the public health law made by section five of this
    49  act shall not affect the expiration of such  subdivision  and  shall  be
    50  deemed to expire therewith.
 
    51                                   PART CC
 
    52    Section  1.  Subdivision 1 of section 356 of the public health law, as
    53  amended by chapter 163 of the laws  of  1975,  is  amended  to  read  as
    54  follows:

        S. 7507--A                         160                        A. 9507--A
 
     1    1.  The  legislative  body  of each county having a population of less
     2  than one hundred fifty thousand according to the nineteen hundred seven-
     3  ty federal decennial census or the legislative body of any county  whose
     4  population  shall  be  less  than  one  hundred fifty thousand under any
     5  future  federal  decennial  census, except a county in which a county or
     6  part-county health district has been established under this article or a
     7  county having a county charter, optional or alternative form of  govern-
     8  ment, shall constitute the board of health of such county and shall have
     9  all the powers and duties of a board of health of a county or part-coun-
    10  ty  health  district including the power to appoint a full-time or part-
    11  time county health director.  The county health director  may  serve  as
    12  director  of  the [physically handicapped children's] children and youth
    13  with special health care needs support services program and  may  employ
    14  such  persons  as  shall  be necessary to enable [him] the county health
    15  director to carry into effect the orders and regulations of the board of
    16  health and the provisions of this chapter and of the sanitary code,  and
    17  fix  their compensation within the limits of the appropriation therefor.
    18  The members of a [legsiative] legislative body shall not  receive  addi-
    19  tional  compensation  by  reason  of  serving  as  members of a board of
    20  health. The county health director, so appointed,  shall  have  all  the
    21  powers  and duties prescribed in section three hundred fifty-two of this
    22  [article] title.
    23    § 2. The section heading and subdivisions 1 and 2 of  section  608  of
    24  the  public health law, as added by chapter 901 of the laws of 1986, are
    25  amended to read as follows:
    26    State aid; [physically handicapped children] children and  youth  with
    27  special health care needs support services.  1. Whenever the commission-
    28  er of health of any county or part-county health district or, in a coun-
    29  ty lacking a county or part-county health district, the medical director
    30  of  the  [physically  handicapped  children's]  children  and youth with
    31  special health care needs support services program, or the department of
    32  health of the city of New York,  issues  an  authorization  for  medical
    33  service for a [physically handicapped] child with physical disabilities,
    34  such  county  or  the  city of New York shall be granted state aid in an
    35  amount of fifty per centum of the amount expended in accordance with the
    36  rules and regulations established by the commissioner, except that  such
    37  state  aid  reimbursement  may be withheld if, on post-audit and review,
    38  the commissioner finds that the medical service rendered  and  furnished
    39  was  not  in  conformance  with a plan submitted by the municipality and
    40  with the rules and regulations established by the commissioner  or  that
    41  the  recipient of the medical service was not a [physically handicapped]
    42  child with a physical disability as defined in section two thousand five
    43  hundred eighty-one of this chapter.
    44    2. Whenever a court of any county issues an order for medical services
    45  for  any  [physically  handicapped]  Indian  child   with   a   physical
    46  disability,  residing  on  an  Indian  reservation, such county shall be
    47  granted state aid in the amount of one hundred  percent  of  the  amount
    48  expended in accordance with the standards established by the commission-
    49  er.  Such reimbursement shall be made from any funds appropriated to the
    50  department for payment of state aid for [care of physically handicapped]
    51  children with physical disabilities.
    52    § 3. Subdivision 10 of section 2511  of  the  public  health  law,  as
    53  amended by chapter 2 of the laws of 1998, is amended to read as follows:
    54    10.  Notwithstanding  any  other law or agreement to the contrary, and
    55  except in the case of a child or children who also becomes eligible  for
    56  medical  assistance,  benefits  under  this  title  shall  be considered

        S. 7507--A                         161                        A. 9507--A
 
     1  secondary to any other plan of insurance or benefit program, except  the
     2  [physically  handicapped  children's]  children  and  youth with special
     3  health care needs support services program and  the  early  intervention
     4  program, under which an eligible child may have coverage.
     5    § 4. This act shall take effect immediately.
 
     6                                   PART DD
 
     7    Section  1.  Subdivision a of section 13 of chapter 554 of the laws of
     8  2013, amending the education law and  other  laws  relating  to  applied
     9  behavior  analysis,  as  amended  by  chapter  8 of the laws of 2014, is
    10  amended to read as follows:
    11    a. Nothing in this act shall be  construed  as  prohibiting  a  person
    12  employed   or   retained  by  programs  licensed,  certified,  operated,
    13  approved, registered or funded and regulated by the  office  for  people
    14  with  developmental  disabilities,  the  office  of  children and family
    15  services, or the office of mental health from performing the duties of a
    16  licensed behavior analyst or a certified behavior analyst  assistant  in
    17  the course of such employment or retention; provided, however, that this
    18  section  shall not authorize the use of any title authorized pursuant to
    19  article 167 of the education law; and provided  further,  however,  that
    20  this section shall be deemed repealed on July 1, [2020] 2025.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART EE
 
    23    Section  1.  Paragraph  (e)  of  subdivision 7 of section 367-a of the
    24  social services law, as amended by section 5-a of part T of  chapter  57
    25  of the laws of 2018, is amended to read as follows:
    26    (e)  During  the period from April first, two thousand fifteen through
    27  March thirty-first, two thousand [twenty] twenty-three, the commissioner
    28  may, in lieu of a managed care provider, negotiate  directly  and  enter
    29  into  an  agreement with a pharmaceutical manufacturer for the provision
    30  of supplemental rebates relating to pharmaceutical utilization by enrol-
    31  lees of managed care providers pursuant to section three hundred  sixty-
    32  four-j of this title and may also negotiate directly and enter into such
    33  an  agreement  relating to pharmaceutical utilization by medical assist-
    34  ance recipients not so enrolled. Such rebates shall be limited  to  drug
    35  utilization  in  the  following classes: antiretrovirals approved by the
    36  FDA for the treatment of HIV/AIDS, opioid dependence agents  and  opioid
    37  antagonists  listed  in  a  statewide  formulary established pursuant to
    38  subparagraph (vii) of this paragraph and hepatitis C  agents  for  which
    39  the  pharmaceutical  manufacturer  has in effect a rebate agreement with
    40  the federal secretary of health and human services pursuant to 42 U.S.C.
    41  § 1396r-8, and for which the state  has  established  standard  clinical
    42  criteria.  No  agreement  entered  into pursuant to this paragraph shall
    43  have an initial term or be extended beyond the expiration or  repeal  of
    44  this paragraph.
    45    (i)  The  manufacturer shall not pay supplemental rebates to a managed
    46  care provider, or any of a managed care provider's agents, including but
    47  not limited to any pharmacy benefit manager  on  the  [two]  classes  of
    48  drugs  subject  to  this  paragraph when the state is collecting supple-
    49  mental rebates and standard clinical criteria are imposed on the managed
    50  care provider.
    51    (ii) The commissioner shall establish adequate rates of  reimbursement
    52  which  shall take into account both the impact of the commissioner nego-

        S. 7507--A                         162                        A. 9507--A
 
     1  tiating such rebates and any limitations imposed  on  the  managed  care
     2  provider's ability to establish clinical criteria relating to the utili-
     3  zation  of  such  drugs.  In  developing  the  managed  care  provider's
     4  reimbursement  rate,  the  commissioner  shall  identify  the  amount of
     5  reimbursement for such drugs as a separate and distinct  component  from
     6  the reimbursement otherwise made for prescription drugs as prescribed by
     7  this section.
     8    (iii)  The  commissioner shall submit a report to the temporary presi-
     9  dent of the senate and the speaker of the assembly annually by  December
    10  thirty-first.  The report shall analyze the adequacy of rates to managed
    11  care providers for drug expenditures related to the classes  under  this
    12  paragraph.
    13    (iv) Nothing in this paragraph shall be construed to require a pharma-
    14  ceutical manufacturer to enter into a supplemental rebate agreement with
    15  the  commissioner relating to pharmaceutical utilization by enrollees of
    16  managed care providers pursuant to section three hundred sixty-four-j of
    17  this title or relating to pharmaceutical utilization by medical  assist-
    18  ance recipients not so enrolled.
    19    (v)  All clinical criteria, including requirements for prior approval,
    20  and all utilization review determinations established by  the  state  as
    21  described in this paragraph for [either] any of the drug classes subject
    22  to  this  paragraph shall be developed using evidence-based and peer-re-
    23  viewed clinical review criteria in accordance with article two-A of  the
    24  public health law, as applicable.
    25    (vi)  All  prior  authorization  and utilization review determinations
    26  related to the coverage of any drug subject to this paragraph  shall  be
    27  subject  to  article  forty-nine of the public health law, section three
    28  hundred sixty-four-j of this title, and article forty-nine of the insur-
    29  ance law, as applicable. Nothing in this paragraph  shall  diminish  any
    30  rights  relating  to  access, prior authorization, or appeal relating to
    31  any drug class or drug afforded to a recipient under any other provision
    32  of law.
    33    (vii) The department shall publish a  statewide  formulary  of  opioid
    34  dependence  agents and opioid antagonists, which shall include all drugs
    35  in such classes, provided that:
    36    (A) for all drugs that are included as of the date of the enactment of
    37  this subparagraph on a formulary of a managed care provider, as  defined
    38  in  section three hundred sixty-four-j of this title, or in the Medicaid
    39  fee-for-service preferred drug program pursuant to section  two  hundred
    40  seventy-two  of  the  public  health law, the cost to the department for
    41  such drug is equal to or less than the lowest cost paid for the drug  by
    42  any  managed  care  provider  or by the Medicaid fee-for-service program
    43  after the application of any rebates, as of the date that the department
    44  implements the statewide formulary  established  by  this  subparagraph.
    45  Where  there  is  a generic version of the drug approved by the Food and
    46  Drug Administration as bioequivalent to a brand name drug pursuant to 21
    47  U.S.C. § 355(j)(8)(B), the cost to the department for both the brand and
    48  generic versions shall be equal to or less than the  lower  of  the  two
    49  maximum costs determined pursuant to the previous sentence; and
    50    (B)  for  all drugs that are not included as of the date of the enact-
    51  ment of this subparagraph on a formulary of a managed care provider,  as
    52  defined  in  section three hundred sixty-four-j of this title, or in the
    53  Medicaid fee-for-service preferred drug program pursuant to section  two
    54  hundred  seventy-two of the public health law, the department is able to
    55  obtain the drug at a cost that is equal to or less than the lowest  cost
    56  to  the department of other drugs in the class, after the application of

        S. 7507--A                         163                        A. 9507--A
 
     1  any rebates. Where there is a generic version of the  drug  approved  by
     2  the  Food  and Drug Administration as bioequivalent to a brand name drug
     3  pursuant to 21 U.S.C. § 355(j)(8)(B), the cost  to  the  department  for
     4  both  the  brand and generic versions shall be equal to or less than the
     5  lower of the two maximum  costs  determined  pursuant  to  the  previous
     6  sentence.
     7    §  2.  Paragraph  (a)  of  subdivision  3 of section 273 of the public
     8  health law, as added by section 10 of part C of chapter 58 of  the  laws
     9  of  2005,  is  amended  and  a  new  paragraph (a-1) is added to read as
    10  follows:
    11    (a) When a patient's health care provider  prescribes  a  prescription
    12  drug  that  is not on the preferred drug list or the statewide formulary
    13  of opioid dependence agents and opioid antagonists established  pursuant
    14  to  subparagraph  (vii) of paragraph (e) of subdivision seven of section
    15  three hundred sixty-seven-a of the social services law,  the  prescriber
    16  shall  consult with the program to confirm that in his or her reasonable
    17  professional judgment, the patient's clinical  condition  is  consistent
    18  with  the criteria for approval of the non-preferred drug. Such criteria
    19  shall include:
    20    (i) the preferred drug has been tried by the patient and has failed to
    21  produce the desired health outcomes;
    22    (ii) the patient has tried the  preferred  drug  and  has  experienced
    23  unacceptable side effects;
    24    (iii)  the  patient  has  been  stabilized on a non-preferred drug and
    25  transition to the preferred drug would be medically contraindicated; or
    26    (iv) other clinical indications identified by the [committee  for  the
    27  patient's  use  of the non-preferred drug] drug utilization review board
    28  established pursuant to  section  three  hundred  sixty-nine-bb  of  the
    29  social  services  law,  which shall include consideration of the medical
    30  needs of special populations, including children,  elderly,  chronically
    31  ill,  persons  with  mental  health  conditions, and persons affected by
    32  HIV/AIDS, pregnant persons and persons with an opioid use disorder.
    33    (a-1) When a patient's health care provider prescribes a  prescription
    34  drug  that is on the statewide formulary of opioid dependence agents and
    35  opioid antagonists established pursuant to subparagraph (vii)  of  para-
    36  graph (e) of subdivision seven of section three hundred sixty-seven-a of
    37  the social services law, the department shall not require prior authori-
    38  zation  unless  required  by  the  department's  drug use review program
    39  established pursuant to section 1927(g) of the Social Security Act.
    40    § 3. Section 364-j of the social services law is amended by  adding  a
    41  new subdivision 38 to read as follows:
    42    38.   (a)   When   a  patient's  health  care  provider  prescribes  a
    43  prescription drug that is not  on  the  statewide  formulary  of  opioid
    44  dependence  agents  and opioid antagonists, the prescriber shall consult
    45  with the managed care plan to confirm that  in  his  or  her  reasonable
    46  professional  judgment,  the  patient's clinical condition is consistent
    47  with the criteria for approval of  the  non-preferred  or  non-formulary
    48  drug. Such criteria shall include:
    49    (i) the preferred drug has been tried by the patient and has failed to
    50  produce the desired health outcomes;
    51    (ii)  the  patient  has  tried  the preferred drug and has experienced
    52  unacceptable side effects;
    53    (iii) the patient has been stabilized  on  a  non-preferred  drug  and
    54  transition  to  the  preferred  or  formulary  drug  would  be medically
    55  contraindicated; or

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     1    (iv) other clinical indications identified by the  committee  for  the
     2  patient's  use  of the non-preferred drug, which shall include consider-
     3  ation of the medical needs of special populations,  including  children,
     4  elderly, chronically ill, persons with mental health conditions, persons
     5  affected by HIV/AIDS and pregnant persons with a substance use disorder.
     6    (b)  The  managed care plan shall have a process for a patient, or the
     7  patient's prescribing health care provider, to request a  review  for  a
     8  prescription  drug  that  is  not  on  the statewide formulary of opioid
     9  dependence agents and opioid  antagonists,  consistent  with  42  C.F.R.
    10  438.210(d), or any successor regulation.
    11    (c)  A  managed care plan's failure to comply with the requirements of
    12  this subdivision shall be subject to a  one  thousand  dollar  fine  per
    13  violation.
    14    §  4.  Subparagraph  (A) of paragraph 7-a of subsection (l) of section
    15  3221 of the insurance law, as added by chapter 748 of the laws of  2019,
    16  is amended to read as follows:
    17    (A)  Every  policy  that  provides  medical,  major medical or similar
    18  comprehensive-type large group coverage shall provide immediate coverage
    19  for all buprenorphine products,  methadone  or  long  acting  injectable
    20  naltrexone without prior authorization for the detoxification or mainte-
    21  nance  treatment of a substance use disorder.  Further, immediate cover-
    22  age without prior authorization shall include methadone, when  used  for
    23  opioid use disorder and administered or dispensed in an opioid treatment
    24  program.
    25    § 5. Section 364-j of the social services law is amended by adding new
    26  subdivision 26-c to read as follows:
    27    26-c. Managed care providers shall not require prior authorization for
    28  methadone,  when  used  for  opioid  use  disorder  and  administered or
    29  dispensed in an opioid treatment program.
    30    § 6. Subdivision 10 of section 273 of the public health law, as  added
    31  by  section 5 of part B of chapter 69 of the laws of 2016, is amended to
    32  read as follows:
    33    10. Prior authorization shall  not  be  required  for  an  initial  or
    34  renewal  prescription  for  buprenorphine  or  injectable naltrexone for
    35  detoxification or maintenance treatment of opioid addiction  unless  the
    36  prescription  is  for a non-preferred or non-formulary form of such drug
    37  as otherwise required by section 1927(k)(6) of the Social Security  Act.
    38  Further,  prior  authorization shall not be required for methadone, when
    39  used for opioid use disorder and administered or dispensed in an  opioid
    40  treatment program.
    41    §  7.  Subdivision 1 of section 60 of part B of chapter 57 of the laws
    42  of 2015, amending the social services law and  other  laws  relating  to
    43  supplemental  rebates, as amended by section 5-b of part T of chapter 57
    44  of the laws of 2018, is amended to read as follows:
    45    1. section  one of this act shall expire and be deemed repealed  March
    46  31, [2023] 2026;
    47    § 8. Subdivision (c) of section 62 of chapter 165 of the laws of 1991,
    48  amending  the  public health law and other laws relating to establishing
    49  payments for medical assistance, as amended by section 16 of part  Z  of
    50  chapter 57 of the laws of 2018, is amended to read as follows:
    51    (c)  section  364-j  of the social services law, as amended by section
    52  eight of this act and subdivision 6  of  section  367-a  of  the  social
    53  services  law as added by section twelve of this act shall expire and be
    54  deemed repealed on March 31, [2024] 2026 and provided further, that  the
    55  amendments to the provisions of section 364-j of the social services law

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     1  made  by  section  eight  of  this  act shall only apply to managed care
     2  programs approved on or after the effective date of this act;
     3    §  9.  Section  11  of  chapter  710 of the laws of 1988, amending the
     4  social services law and the education law relating to medical assistance
     5  eligibility of certain persons and providing for  managed  medical  care
     6  demonstration programs, as amended by section 18 of part Z of chapter 57
     7  of the laws of 2018, is amended to read as follows:
     8    §  11.  This  act  shall  take  effect  immediately;  except  that the
     9  provisions of sections one, two, three, four, eight and ten of this  act
    10  shall take effect on the ninetieth day after it shall have become a law;
    11  and  except  that the provisions of sections five, six and seven of this
    12  act shall take effect January 1, 1989; and except that  effective  imme-
    13  diately, the addition, amendment and/or repeal of any rule or regulation
    14  necessary  for  the implementation of this act on its effective date are
    15  authorized and directed to be made  and  completed  on  or  before  such
    16  effective  date; provided, however, that the provisions of section 364-j
    17  of the social services law, as added by section one of  this  act  shall
    18  expire  and  be  deemed repealed on and after March 31, [2024] 2026, the
    19  provisions of section 364-k of the social  services  law,  as  added  by
    20  section  two  of  this act, except subdivision 10 of such section, shall
    21  expire and be deemed repealed on and after  January  1,  1994,  and  the
    22  provisions  of  subdivision  10  of section 364-k of the social services
    23  law, as added by section two of this act, shall  expire  and  be  deemed
    24  repealed on January 1, 1995.
    25    § 10. This act shall take effect immediately, provided however, that:
    26    a.  the  amendments to paragraph (e) of subdivision 7 of section 367-a
    27  of the social services law made by section one of  this  act  shall  not
    28  affect  the  repeal of such paragraph and shall be deemed expired there-
    29  with;
    30    b. the provisions of section two of this act shall  expire  March  31,
    31  2026  when upon such date the provisions of such section shall be deemed
    32  repealed;
    33    c. the amendments to section 364-j of the social services law made  by
    34  sections  three and five of this act shall not affect the repeal of such
    35  section and shall be deemed expired therewith; and
    36    d. the statewide formulary of  opioid  dependence  agents  and  opioid
    37  antagonists  authorized  by  this  act  shall  be implemented within six
    38  months after it shall have become a law.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion, section or part of this act shall be  adjudged  by  any  court  of
    41  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    42  impair, or invalidate the remainder thereof, but shall  be  confined  in
    43  its  operation  to the clause, sentence, paragraph, subdivision, section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the legislature that this act would  have  been  enacted  even  if  such
    47  invalid provisions had not been included herein.
    48    §  3.  This  act shall take effect immediately provided, however, that
    49  the applicable effective date of Parts A through EE of this act shall be
    50  as specifically set forth in the last section of such Parts.
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