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S02507 Summary:

BILL NOS02507C
 
SAME ASSAME AS UNI. A03007-C
 
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 2021-2022 state fiscal year; extends the medicaid global cap; requires a quarterly report on certain medicaid expenditures (Part A); directs the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program (Part C); reduces the hospital capital rate add-on (Part D); relates to definitions of distant sites and telehealth providers (Part F); establishes a medical respite program to offer a lower-intensity care setting for individuals who would otherwise require a hospital stay or lack safe options for discharge and recovery (Part G); eliminates consumer-paid premium payments in the basic health program (Part H); extends the physicians medical malpractice program; extends the hospital excess liability pool; extends excess coverage under the New York Health Care Reform Act of 1996 (Part K); relates to the discontinuance of the empire clinical research investigator program (Part M); relates to reimbursements and payments for health care costs, and reporting of opioid overdose data (Part S); extends provisions permitting the director of a mental health facility to place funds of a person receiving services, in excess of the appropriate eligibility level for government benefits, into a qualifying Medicaid exception trust (Part T); relates to extending the authorization of appointing temporary operators for the continued operation of certain programs for people with mental illness, developmental disabilities and/or chemical dependence (Part U); extends the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs to 2024; requires final reports of such programs to be included in the statewide comprehensive plan (Part V); relates to the membership of subcommittees for mental health of community service boards and the duties of such subcommittees; creates the community mental health and workforce reinvestment account; extends such provisions relating thereto (Part W); relates to the office of mental health allocating funds for the 2021-22 fiscal year (Part X); authorizes the charging of an application processing fee for the issuance of operating certificates (Part Z); relates to the creation of crisis stabilization services as emergency service providers for persons with psychiatric or substance use disorder (Part AA); relates to minimum direct care spending in residential health care facilities (Part GG); relates to designating who shall serve as members of the developmental disabilities planning council (Part HH); relates to the provision of services to certain persons suffering from traumatic brain injuries or qualifying for nursing home diversion and transition services (Part II); relates to ensuring services provided in school-based health centers are not provided to medical assistance recipients through managed care programs (Part JJ); extends the New York state health insurance continuation assistance demonstration project (Part KK); relates to requests for offers from fiscal intermediaries and the awarding of such contracts (Part LL); provides for aid in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings (Part MM); provides for an exemption or disregard of income for certain individuals receiving medical assistance (Part NN); requires a regional demonstration program in the western, central, southern tier, or capital regions of the state (Part OO); relates to post-partum extended coverage insurance coverage (Part PP); requires the commissioner of health to report on the calculation and payment of prescription drug dispensing fees to retail pharmacies by the state's medical assistance program (Part QQ).
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S02507 Actions:

BILL NOS02507C
 
01/20/2021REFERRED TO FINANCE
02/24/2021AMEND (T) AND RECOMMIT TO FINANCE
02/24/2021PRINT NUMBER 2507A
03/13/2021AMEND (T) AND RECOMMIT TO FINANCE
03/13/2021PRINT NUMBER 2507B
04/03/2021AMEND (T) AND RECOMMIT TO FINANCE
04/03/2021PRINT NUMBER 2507C
04/06/2021ORDERED TO THIRD READING CAL.647
04/06/2021PASSED SENATE
04/06/2021DELIVERED TO ASSEMBLY
04/06/2021referred to ways and means
04/06/2021substituted for a3007c
04/06/2021ordered to third reading rules cal.52
04/06/2021passed assembly
04/06/2021returned to senate
04/07/2021DELIVERED TO GOVERNOR
04/19/2021SIGNED CHAP.57
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S02507 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2507--C                                            A. 3007--C
 
                SENATE - ASSEMBLY
 
                                    January 20, 2021
                                       ___________
 
        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  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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 --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend part H of chapter 59 of the laws of 2011, amending the
          public health law and other  laws  relating  to  known  and  projected
          department  of health state fund Medicaid expenditures, in relation to
          extending the Medicaid global  cap  (Part  A);  intentionally  omitted
          (Part B); to amend part FFF of chapter 56 of the laws of 2020 relating
          to  directing  the department of health to remove the pharmacy benefit
          from the managed care benefit package  and  to  provide  the  pharmacy
          benefit  under  the fee for service program, in relation to the effec-
          tiveness thereof (Part C); to amend the public health law, in relation
          to reducing the hospital capital rate add-on (Part  D);  intentionally
          omitted (Part E); to amend the public health law, in relation to tele-
          health  distant  sites  and  providers  (Part  F); to amend the public
          health law, in relation to authorizing the implementation  of  medical
          respite  pilot programs (Part G); to amend the social services law, in
          relation to eliminating consumer-paid premium payments  in  the  basic
          health program (Part H); intentionally omitted (Part I); intentionally
          omitted  (Part  J);  to amend chapter 266 of the laws of 1986 amending
          the civil practice law and rules and other laws relating  to  malprac-
          tice  and  professional  medical conduct, in relation to extending the
          physicians medical malpractice program; to amend part J of chapter  63
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12571-05-1

        S. 2507--C                          2                         A. 3007--C
 
          of the laws of 2001 amending chapter 266 of the laws of 1986, amending
          the  civil  practice law and rules and other laws relating to malprac-
          tice and professional medical conduct, relating to  the  effectiveness
          of  certain  provisions  of  such  chapter,  in  relation to extending
          certain provisions concerning the hospital excess liability pool;  and
          to  amend  part  H of chapter 57 of the laws of 2017, amending the New
          York Health Care Reform Act of 1996 and other laws relating to extend-
          ing certain provisions relating  thereto,  in  relation  to  extending
          provisions relating to excess coverage (Part K); intentionally omitted
          (Part  L);  to amend the public health law and part H of chapter 58 of
          the laws of 2007 amending the public health law, the  public  officers
          law  and  the  state  finance  law relating to establishing the empire
          state stem cell board, in  relation  to  the  discontinuation  of  the
          empire  clinical research investigator program (Part M); intentionally
          omitted (Part N); intentionally omitted (Part O); intentionally  omit-
          ted  (Part  P);  intentionally omitted (Part Q); intentionally omitted
          (Part R); to amend chapter 884 of  the  laws  of  1990,  amending  the
          public  health  law  relating to authorizing bad debt and charity care
          allowances for certified home health agencies, in relation to  extend-
          ing  the provisions thereof; to amend chapter 109 of the laws of 2010,
          amending the social services law relating to transportation costs,  in
          relation to the effectiveness thereof; to amend chapter 81 of the laws
          of  1995,  amending  the  public health law and other laws relating to
          medical reimbursement and welfare reform, in relation  to  the  effec-
          tiveness  thereof;  to  amend  chapter 56 of the laws of 2013 amending
          chapter 59 of the laws of 2011 amending  the  public  health  law  and
          other  laws  relating  to  general  hospital  reimbursement for annual
          rates, in  relation  to  extending  government  rates  for  behavioral
          services and adding an alternative payment methodology requirement; to
          amend  chapter  57  of the laws of 2019 amending the public health law
          relating to waiver of certain regulations, in relation to  the  effec-
          tiveness  thereof;  to amend chapter 517 of the laws of 2016, amending
          the public health law relating to payments from  the  New  York  state
          medical  indemnity  fund, in relation to the effectiveness thereof; to
          amend the public health law, in relation to  improved  integration  of
          health  care  and  financing; to amend chapter 56 of the laws of 2014,
          amending the education law relating to the nurse practitioners modern-
          ization act, in relation to extending the provisions thereof;  and  to
          amend  chapter  66 of the laws of 2016, amending the public health law
          relating to reporting of opioid overdose  data,  in  relation  to  the
          effectiveness  thereof (Part S); to amend part A of chapter 111 of the
          laws of 2010 amending the mental hygiene law relating to  the  receipt
          of  federal  and state benefits received by individuals receiving care
          in facilities operated by  an  office  of  the  department  of  mental
          hygiene,  in  relation to the effectiveness thereof (Part T); to amend
          part L of chapter 59 of the laws of 2016, amending the mental  hygiene
          law relating to the appointment of temporary operators for the contin-
          ued  operation  of  programs and the provision of services for persons
          with serious mental illness and/or developmental  disabilities  and/or
          chemical  dependence,  in  relation to the effectiveness thereof (Part
          U); to amend the mental hygiene law,  in  relation  to  requiring  the
          final reports of such programs to be included in the statewide compre-
          hensive  plan; and to amend part NN of chapter 58 of the laws of 2015,
          amending the mental hygiene law relating to clarifying  the  authority
          of the commissioners in the department of mental hygiene to design and
          implement  time-limited  demonstration  programs,  in  relation to the

        S. 2507--C                          3                         A. 3007--C
 
          effectiveness thereof (Part V); to amend chapter 62  of  the  laws  of
          2003, amending the mental hygiene law and the state finance law relat-
          ing  to the community mental health support and workforce reinvestment
          program, the membership of subcommittees for mental health of communi-
          ty  services  boards and the duties of such subcommittees and creating
          the community mental health and  workforce  reinvestment  account,  in
          relation  to  extending  such  provisions  relating  thereto (Part W);
          relating to the office of mental health  allocating  funding  for  the
          2021-22  fiscal  year; and providing for the repeal of such provisions
          upon expiration thereof (Part X); intentionally omitted (Part  Y);  to
          amend  the mental hygiene law, in relation to authorizing the charging
          an application processing fee for the issuance  of  operating  certif-
          icates  (Part  Z);  to  amend  the  mental  hygiene law and the social
          services law, in relation to crisis stabilization services (Part  AA);
          intentionally  omitted  (Part  BB);  intentionally  omitted (Part CC);
          intentionally omitted (Part  DD);  intentionally  omitted  (Part  EE);
          intentionally  omitted  (Part  FF); to amend the public health law, in
          relation to minimum direct care spending in  residential  health  care
          facilities  (Part  GG); and to amend the executive law, in relation to
          the composition of the  developmental  disabilities  planning  council
          (Part  HH);  to  amend  the  social  services  law, in relation to the
          provision of services to  certain  persons  suffering  from  traumatic
          brain injuries or qualifying for nursing home diversion and transition
          services  (Part  II); to amend the social services law, in relation to
          managed care programs; and providing for the repeal of such provisions
          upon expiration thereof (Part JJ); to amend chapter 495 of the laws of
          2004, amending the insurance law and the public health law relating to
          the New York state health  insurance  continuation  assistance  demon-
          stration  project, in relation to the effectiveness thereof (Part KK);
          to amend the social services law, in relation to requests  for  offers
          from  fiscal intermediaries (Part LL); to amend the public health law,
          in relation to aiding in the transition to adulthood for children with
          medical  fragility  living  in  pediatric  nursing  homes  and   other
          settings; and providing for the repeal of such provisions upon expira-
          tion  thereof (Part MM); to amend the social services law, in relation
          to providing for an exemption or disregard of income for certain indi-
          viduals receiving medical assistance (Part NN); to amend part  KKK  of
          chapter  56  of  the laws of 2020 amending the social services law and
          other laws relating to managed care encounter data, authorizing  elec-
          tronic   notifications,   and   establishing   regional  demonstration
          projects, in relation to the regional demonstration program (Part OO);
          to amend the public  health  law  and  the  social  services  law,  in
          relation  to  post-partum  extended  coverage insurance coverage (Part
          PP); and requiring the commissioner of health to file a report on  the
          calculation and payment of prescription drug dispensing fees to retail
          pharmacies by the state's medical assistance program (Part QQ)
 
          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 2021-2022 state fiscal year.  Each  component  is  wholly  contained
     4  within  a  Part identified as Parts A through QQ. The effective date for
     5  each particular provision contained within such Part is set forth in the

        S. 2507--C                          4                         A. 3007--C
 
     1  last section of such Part. Any provision in any section contained within
     2  a Part, including the effective date of the Part, which makes  a  refer-
     3  ence  to  a  section  "of  this  act", when used in connection with that
     4  particular  component,  shall  be deemed to mean and refer to the corre-
     5  sponding section of the Part in which it is found. Section three of this
     6  act sets forth the general effective date of this act.
 
     7                                   PART A
 
     8    Section 1. Paragraph (a) of subdivision 1 of section 92 of part  H  of
     9  chapter 59 of the laws of 2011, amending the public health law and other
    10  laws  relating  to  known  and projected department of health state fund
    11  Medicaid expenditures, as amended by section 1 of part CCC of chapter 56
    12  of the laws of 2020, is amended to read as follows:
    13    (a) For state fiscal years  2011-12  through  [2021-22]  2022-23,  the
    14  director  of the budget, in consultation with the commissioner of health
    15  referenced as "commissioner" for purposes of this section, shall  assess
    16  on  a  [monthly]  quarterly  basis,  as reflected in [monthly] quarterly
    17  reports pursuant to subdivision five of this section known and projected
    18  department of health state funds medicaid expenditures  by  category  of
    19  service and by geographic regions, as defined by the commissioner.
    20    §  2.  Subdivision 5 of section 92 of part H of chapter 59 of the laws
    21  of 2011, amending the public health law and other laws relating to known
    22  and projected department of health state fund Medicaid expenditures,  as
    23  amended  by  section 1 of part CCC of chapter 56 of the laws of 2020, is
    24  amended to read as follows:
    25    5. The commissioner of health, in consultation with  the  director  of
    26  budget, shall prepare a [monthly] quarterly report that sets forth:
    27    (a)  known and projected department of health medicaid expenditures as
    28  described in subdivision one of this section,  and  factors  that  could
    29  result  in  medicaid disbursements for the relevant state fiscal year to
    30  exceed the projected department of health state funds  disbursements  in
    31  the  enacted  budget financial plan pursuant to subdivision 3 of section
    32  23 of the state finance law, including spending increases  or  decreases
    33  due  to: enrollment fluctuations, rate changes, utilization changes, MRT
    34  investments, and shift of beneficiaries to managed care; and  variations
    35  in offline medicaid payments;
    36    (b)  the  actions  taken  to implement any medicaid savings allocation
    37  adjustment implemented pursuant to subdivisions one  and  four  of  this
    38  section,  including information concerning the impact of such actions on
    39  each category of service and each geographic region of the state.
    40    (c) The price, to include the base rate plus any upcoming rate adjust-
    41  ment; utilization, to include current enrollment,  projected  enrollment
    42  changes  and  acuity;  and  Medicaid Redesign Team initiatives, one-time
    43  initiatives and other initiatives describing the proposed budget  action
    44  impact,  any  prior year initiative with current and future year impacts
    45  for the following categories of spending:
    46    (i) inpatient;
    47    (ii) outpatient;
    48    (iii) emergency room;
    49    (iv) clinic;
    50    (v) nursing homes;
    51    (vi) other long term care;
    52    (vii) medicaid managed care;
    53    (viii) family health plus;
    54    (ix) pharmacy;

        S. 2507--C                          5                         A. 3007--C
 
     1    (x) transportation;
     2    (xi) dental;
     3    (xii) non-institutional and all other categories;
     4    (xiii) affordable housing;
     5    (xiv) vital access provider services;
     6    (xv) behavioral health vital access provider services;
     7    (xvi) health home establishment grants;
     8    (xvii) grants for facilitating transition of behavioral health service
     9  to managed care;
    10    (xviii) Finger Lakes health services agency;
    11    (xix) the transition of vulnerable populations to managed care;
    12    (xx) audit recoveries and settlements; and
    13    (d)  where  price  and utilization are not applicable, detail shall be
    14  provided on spending, to include but not be limited to:
    15    (i) demographic information of targeted recipients;
    16    (ii) number of recipients;
    17    (iii) award amounts;
    18    (iv) timing of awards; and
    19    (v) the impact of Medicaid Redesign Team and/or one-time initiatives.
    20    Information required by paragraphs (a) and  (b)  of  this  subdivision
    21  shall  be  provided to the chairs of the senate finance and the assembly
    22  ways and means committees, and shall be  posted  on  the  department  of
    23  health's website in the timely manner.
    24    (e)  Beginning  on  July  1,  2014, additional information required by
    25  paragraphs (c) and (d) of this subdivision  shall  be  provided  to  the
    26  governor,  the  temporary  president  of  the senate, the speaker of the
    27  assembly, the chair of the senate finance committee, the  chair  of  the
    28  assembly  ways  and  means  committee,  and the chairs of the senate and
    29  assembly health committees.
    30    (f) any projected Medicaid savings determined by the  commissioner  of
    31  health  pursuant  to  section  34  of part C of a chapter of the laws of
    32  2014, relating to the implementation of the health  and  mental  hygiene
    33  budget, and the proposed allocation plan spending adjustment with regard
    34  to such savings.
    35    (g)  any  material  impact  to the global cap annual projection, along
    36  with an explanation of the variance from the projection at the  time  of
    37  the  enacted  budget.  Such  material  impacts shall include, but not be
    38  limited to, policy and programmatic changes,  significant  transactions,
    39  and  any  actions  taken, administrative or otherwise, which would mate-
    40  rially impact expenditures under the global cap. Reporting  requirements
    41  under  this  paragraph shall include material impacts from the preceding
    42  [month] quarter and any anticipated material  impacts  for  the  [month]
    43  quarter  in  which the report required under this subdivision is issued,
    44  as well as anticipated material impacts for the [month]  quarter  subse-
    45  quent to such report.
    46    § 3. This act shall take effect immediately.
 
    47                                   PART B
 
    48                            Intentionally Omitted
 
    49                                   PART C
 
    50    Section  1.  Section  1  of part FFF of chapter 56 of the laws of 2020
    51  relating to directing the department of health to  remove  the  pharmacy
    52  benefit from the managed care benefit package and to provide the pharma-

        S. 2507--C                          6                         A. 3007--C
 
     1  cy  benefit  under  the  fee  for service program, is amended to read as
     2  follows:
     3    Section  1.    The  Legislature hereby finds and declares that medical
     4  assistance for needy persons is a matter of public concern and a  neces-
     5  sity  in  promoting  the public health and welfare and for promoting the
     6  state's goal of making available to everyone, regardless of  race,  age,
     7  gender,  national  origin  or  economic  standing, uniform, high-quality
     8  medical care. As the department of health is  the  single  state  agency
     9  responsible  for  supervising  the administration of the state's medical
    10  assistance program (Medicaid), it is tasked  with  ensuring  efficiency,
    11  economy,  and quality of care in providing benefits to the state's needy
    12  persons. To this end and with the fiscal constraints facing our state in
    13  mind, the department of health continues to analyze the Medicaid program
    14  in search of ways to ensure Medicaid spending is held to the standard of
    15  efficiency, economy, and quality of care. In consideration of this stan-
    16  dard, the department of health is hereby directed to exercise its exist-
    17  ing administrative authority to remove the pharmacy benefit from managed
    18  care benefit package and instead provide the pharmacy benefit under  the
    19  fee for service program, except where otherwise required by federal law,
    20  to  ensure  transparency and that the benefit is provided to the fullest
    21  extent and as efficiently  as  possible;  provided,  however,  that  the
    22  department  of health shall not implement the transition of the pharmacy
    23  benefit from the managed care benefit package to  the  fee  for  service
    24  program sooner than April 1, [2021] 2023, and until it is satisfied that
    25  all  necessary  and appropriate transition planning has occurred, in its
    26  sole discretion, and federal approvals have been obtained  and  prepara-
    27  tions  have  been  made.  Furthermore,  to ensure an orderly transition,
    28  continued access to medications, and appropriate patient  education  and
    29  support,  the  department may establish uniform standards, payment poli-
    30  cies and reimbursement methodologies for any sites where  drugs  may  be
    31  administered  or  dispensed  under the fee for service program; provided
    32  that, subject to the availability of  federal  financial  participation,
    33  when  reimbursing covered entities, as defined under section 340B of the
    34  public health service act (42 U.S.C. §256b), for drugs that would other-
    35  wise be eligible for pricing under section 340B  of  the  public  health
    36  service act, the department shall examine all reasonably available meth-
    37  ods  for  determining  actual  acquisition  cost  and  the  professional
    38  dispensing fee and, beginning in  the  fiscal  year  starting  April  1,
    39  [2021] 2023, review and adjust reimbursement for such drugs such that no
    40  sooner  than  April  1,  [2023]  2025, reimbursement shall be determined
    41  based on a method that the commissioner  determines  that  utilizes  the
    42  actual acquisition costs and professional dispensing fee.
    43    §  2.  This  act  shall take effect immediately and shall be deemed to
    44  have been in full force and effect on and after April 1, 2021.
 
    45                                   PART D
 
    46    Section 1. Paragraph (c) of subdivision 8 of  section  2807-c  of  the
    47  public  health  law, as amended by section 2 of part KK of chapter 56 of
    48  the laws of 2020, is amended to read as follows:
    49    (c) In order to reconcile capital related inpatient expenses  included
    50  in  rates of payment based on a budget to actual expenses and statistics
    51  for the rate period for a general  hospital,  rates  of  payment  for  a
    52  general  hospital  shall  be adjusted to reflect the dollar value of the
    53  difference between capital related inpatient expenses  included  in  the
    54  computation of rates of payment for a prior rate period based on a budg-

        S. 2507--C                          7                         A. 3007--C
 
     1  et  and  actual  capital  related inpatient expenses for such prior rate
     2  period, each as determined in accordance  with  paragraph  (a)  of  this
     3  subdivision,  adjusted  to  reflect  increases or decreases in volume of
     4  service  in  such  prior  rate  period compared to statistics applied in
     5  determining the capital related inpatient expenses component of rates of
     6  payment based on a budget for such prior rate period. For  rates  effec-
     7  tive [on and after] April first, two thousand twenty through March thir-
     8  ty-first, two thousand twenty-one, the budgeted capital-related expenses
     9  add-on  as  described  in  paragraph (a) of this subdivision, based on a
    10  budget submitted in accordance to paragraph  (a)  of  this  subdivision,
    11  shall  be reduced by five percent relative to the rate in effect on such
    12  date; and the actual capital expenses add-on as described  in  paragraph
    13  (a) of this subdivision, based on actual expenses and statistics through
    14  appropriate  audit  procedures  in accordance with paragraph (a) of this
    15  subdivision shall be reduced by five percent relative  to  the  rate  in
    16  effect  on  such date. For rates effective on and after April first, two
    17  thousand twenty-one, the budgeted  capital-related  expenses  add-on  as
    18  described  in  paragraph  (a)  of  this  subdivision,  based on a budget
    19  submitted in accordance to paragraph (a) of this subdivision,  shall  be
    20  reduced  by ten percent relative to the rate in effect on such date; and
    21  the actual capital expenses add-on as described in paragraph (a) of this
    22  subdivision, based on actual expenses and statistics through appropriate
    23  audit procedures in accordance with paragraph (a)  of  this  subdivision
    24  shall  be  reduced by ten percent relative to the rate in effect on such
    25  date. For any rate year, all reconciliation add-on amounts calculated on
    26  and after April first, two thousand  twenty  shall  be  reduced  by  ten
    27  percent,  and  all  reconciliation  recoupment  amounts calculated on or
    28  after April first, two thousand twenty shall increase  by  ten  percent.
    29  Notwithstanding  any inconsistent provision of subparagraph (i) of para-
    30  graph (e) of subdivision nine of this section, capital related inpatient
    31  expenses of a general hospital included in the computation of  rates  of
    32  payment  based on a budget shall not be included in the computation of a
    33  volume adjustment made in accordance with such subparagraph. Adjustments
    34  to rates of payment for a general hospital made pursuant to  this  para-
    35  graph  shall  be  made  in  accordance with paragraph (c) of subdivision
    36  eleven of this section. Such adjustments shall not  be  carried  forward
    37  except  for  such  volume  adjustment as may be authorized in accordance
    38  with subparagraph (i) of paragraph  (e)  of  subdivision  nine  of  this
    39  section for such general hospital.
    40    §  2.    This act shall take effect immediately and shall be deemed to
    41  have been in full force and effect on and after April 1, 2021.
 
    42                                   PART E
 
    43                            Intentionally Omitted
 
    44                                   PART F
 
    45    Section 1. Subdivision 1 of section 2999-cc of the public health  law,
    46  as  added  by  chapter  6  of  the  laws  of 2015, is amended to read as
    47  follows:
    48    1. "Distant site" means a site  at  which  a  telehealth  provider  is
    49  located  while  delivering  health care services by means of telehealth.
    50  Any site within the United  States  or  United  States'  territories  is
    51  eligible to be a distant site for delivery and payment purposes.

        S. 2507--C                          8                         A. 3007--C
 
     1    §  2.  Subdivision  3  of section 2999-cc of the public health law, as
     2  amended by section 2 of subpart C of part S of chapter 57 of the laws of
     3  2018, is amended to read as follows:
     4    3.  "Originating  site"  means a site at which a patient is located at
     5  the time health care services are delivered to him or her  by  means  of
     6  telehealth.  [Originating  sites  shall  be  limited  to: (a) facilities
     7  licensed under articles twenty-eight and  forty  of  this  chapter;  (b)
     8  facilities  as  defined in subdivision six of section 1.03 of the mental
     9  hygiene  law;  (c)  certified  and  non-certified  day  and  residential
    10  programs  funded or operated by the office for people with developmental
    11  disabilities; (d) private physician's or dentist's offices located with-
    12  in the state of New York; (e) any type of adult care  facility  licensed
    13  under title two of article seven of the social services law; (f) public,
    14  private  and  charter elementary and secondary schools, school age child
    15  care programs, and child day care centers within the state of New  York;
    16  and (g) the patient's place of residence located within the state of New
    17  York  or other temporary location located within or outside the state of
    18  New York.]
    19    § 3. Paragraphs (w) and (x) of subdivision 2 of section 2999-cc of the
    20  public health law, as amended by section 1 of part HH of chapter  56  of
    21  the laws of 2020, are amended to read as follows:
    22    (w)  a  care  manager  employed  by or under contract to a health home
    23  program, patient centered medical home, office for people with  develop-
    24  mental  disabilities  Care Coordination Organization (CCO), hospice or a
    25  voluntary foster care agency certified by the  office  of  children  and
    26  family services certified and licensed pursuant to article twenty-nine-i
    27  of this chapter; [and]
    28    (x)  certified  peer recovery advocate services providers certified by
    29  the commissioner of addiction services and supports pursuant to  section
    30  19.18-b  of  the  mental hygiene law, peer providers credentialed by the
    31  commissioner of addiction services and supports and peers  certified  or
    32  credentialed by the office of mental health; and
    33    (y)  any  other provider as determined by the commissioner pursuant to
    34  regulation or, in consultation with the commissioner, by the commission-
    35  er of the office of mental health, the commissioner  of  the  office  of
    36  addiction  services  and supports, or the commissioner of the office for
    37  people with developmental disabilities pursuant to regulation.
    38    § 4. This act shall take effect April 1, 2021; provided,  however,  if
    39  this  act  shall  have become a law after such date it shall take effect
    40  immediately and shall be deemed to have been in full force and effect on
    41  and after April 1, 2021.
 
    42                                   PART G
 
    43    Section 1. The public health law is amended by adding  a  new  article
    44  29-J to read as follows:
    45                                ARTICLE 29-J
    46                           MEDICAL RESPITE PROGRAM
    47  Section 2999-hh. Medical respite program.
    48    §  2999-hh.  Medical respite program. 1.  Definitions. As used in this
    49  article, the following terms shall have the following  meanings,  unless
    50  the context clearly otherwise requires:
    51    (a)  "Medical  respite  program"  means  a  not-for-profit corporation
    52  certified pursuant to subdivision two of this section to  serve  recipi-
    53  ents whose prognosis or diagnosis necessitates the receipt of:
    54    (i) Temporary room and board; and

        S. 2507--C                          9                         A. 3007--C
 
     1    (ii)  The provision or arrangement of the provision of health care and
     2  support services; provided,  however, that the operation  of  a  medical
     3  respite program shall be separate and distinct from any housing programs
     4  offered to individuals who do not qualify as recipients.
     5    (b) "Recipient" means an individual who:
     6    (i) Has a qualifying health condition that requires treatment or care;
     7    (ii)  Does  not require hospital inpatient, observation unit, or emer-
     8  gency room level of care, or a medically indicated emergency  department
     9  or observation visit; and
    10    (iii)  Is  experiencing  homelessness or at imminent risk of homeless-
    11  ness.  A person shall be deemed "homeless" if they lack a fixed, regular
    12  and adequate nighttime residence in a  location  ordinarily  used  as  a
    13  regular  sleeping  accommodation  for people; provided, however, that an
    14  operator of a medical respite program shall be permitted  to  specialize
    15  by  providing  services  to  a  subpopulation  of homeless recipients if
    16  necessary to respond to community need or ensure the availability  of  a
    17  funding  source  that  will  support the medical respite program's oper-
    18  ations, and such limitations are otherwise consistent with any rules  or
    19  regulations made pursuant to this section.
    20    2.  Certification.  (a)  Notwithstanding any inconsistent provision of
    21  law, the commissioner may certify a  not-for-profit  corporation  as  an
    22  operator of a medical respite program.
    23    (b)  The  commissioner may make regulations to establish procedures to
    24  review and approve applications for a  certification  pursuant  to  this
    25  article,  which  shall,  at  a minimum, specify standards for: recipient
    26  eligibility; medical respite program services that  shall  be  provided;
    27  physical  environment;  staffing;  and policies and procedures governing
    28  health and safety, length of stay,  referrals,  discharge,  and  coordi-
    29  nation of care.
    30    3.  Operating  standards;  responsibility  for  standards. (a) Medical
    31  respite programs certified pursuant to this article shall:
    32    (i) Provide recipients with temporary room and board; and
    33    (ii) Provide, or arrange for the provision of, health care and support
    34  services to recipients.
    35    (b) Nothing in this article shall affect the  application,  qualifica-
    36  tion,  or requirements that may apply to an operator with respect to any
    37  other licenses or operating certificates that such  operator  may  hold,
    38  including,  without limitation, under article twenty-eight of this chap-
    39  ter or article seven of the social services law.
    40    4. Temporary accommodation. A medical respite program shall be consid-
    41  ered a form of emergency shelter or temporary shelter  for  purposes  of
    42  determining  a  recipient's eligibility for housing programs or benefits
    43  administered by the state  or  by  a  local  social  services  district,
    44  including  programs or benefits that support access to accommodations of
    45  a temporary, transitional, or permanent nature.   No claim  of  recovery
    46  shall  accrue  against  a  recipient  to  recover  the  cost of care and
    47  services provided under this article.  Care and services provided  under
    48  this  article  shall  not  be deemed public benefits that would affect a
    49  recipient's immigration status under federal law.
    50    5. Inspections and compliance. The commissioner shall have the author-
    51  ity to inquire into the  operation  of  any  certified  medical  respite
    52  program  and  to conduct periodic inspections of facilities with respect
    53  to the fitness and adequacy of the premises, equipment, personnel, rules
    54  and by-laws, standards of medical care and services, system of accounts,
    55  records, and the adequacy of financial resources and sources  of  future
    56  revenues.

        S. 2507--C                         10                         A. 3007--C
 
     1    6.  Suspension or revocation of certification. (a) A certification for
     2  a medical respite program may be revoked, suspended,  limited,  annulled
     3  or  denied  by the commissioner, in consultation with either the commis-
     4  sioners of the office of mental health,  the  office  of  temporary  and
     5  disability assistance, or the office of addiction services and supports,
     6  as  appropriate  based on a determination of the department depending on
     7  the diagnosis or  stated  needs  of  the  individuals  being  served  or
     8  proposed  to be served in the medical respite program, if an operator is
     9  determined to have failed to comply with this article or the  rules  and
    10  regulations  made  pursuant to this section.  No action taken against an
    11  operator  under  this  subdivision  shall  affect  an  operator's  other
    12  licenses  or  certifications; provided however, that the facts that gave
    13  rise to the revocation, suspension, limitation, annulment or  denial  of
    14  certification  may  also  form  the basis of a limitation, suspension of
    15  revocation of such other licenses or certifications.
    16    (b)  No  medical  respite  program  certification  shall  be  revoked,
    17  suspended,  limited, annulled or denied without a hearing; provided that
    18  a certification may be temporarily suspended or limited without a  hear-
    19  ing  for  a period not in excess of thirty days upon written notice that
    20  the continuation of the medical respite program  places  the  health  or
    21  safety  of  the recipients in imminent danger, and that the action is in
    22  the interest of the recipients.  However, the department shall not  make
    23  a  determination  until  the  program  has had a reasonable opportunity,
    24  following the initial determination that the program places  the  health
    25  or safety of the recipients in imminent danger, to correct its deficien-
    26  cies  and  following  this  period, which shall be up to thirty calendar
    27  days, has been given written notice and opportunity for hearing.
    28    (c) Nothing in this section shall prevent the commissioner from impos-
    29  ing sanctions or penalties on a medical respite program that are author-
    30  ized under any other law or regulation.
    31    7. The commissioner shall promulgate  regulations  to  implement  this
    32  article.
    33    §  2.  This  act  shall take effect immediately and shall be deemed to
    34  have been in full force and effect on and after April 1, 2021.
 
    35                                   PART H
 
    36    Section 1. The title heading of title 11-D of article 5 of the  social
    37  services  law,  as added by chapter 1 of the laws of 1999, is amended to
    38  read as follows:
    39                    [FAMILY] BASIC HEALTH [PLUS] PROGRAM
 
    40    § 2. Paragraphs (c) and (e) of subdivision 1, paragraph (d) of  subdi-
    41  vision  3,  subdivision  5  and  subdivision  7 of section 369-gg of the
    42  social services law, as added by section 51 of part C of chapter  60  of
    43  the laws of 2014 and subdivision 7 as renumbered by section 28 of part B
    44  of chapter 57 of the laws of 2015, are amended to read as follows:
    45    (c)  "Health  care  services"  means  (i) the services and supplies as
    46  defined by the commissioner in consultation with the  superintendent  of
    47  financial  services,  and  shall  be  consistent with and subject to the
    48  essential health benefits as defined by the commissioner  in  accordance
    49  with  the  provisions  of the patient protection and affordable care act
    50  (P.L.  111-148) and consistent with the benefits provided by the  refer-
    51  ence plan selected by the commissioner for the purposes of defining such
    52  benefits[;],  and  (ii)  dental  and  vision  services as defined by the
    53  commissioner;

        S. 2507--C                         11                         A. 3007--C
 
     1    (e) "Basic health insurance plan" means a standard health plan provid-
     2  ing health care services,  separate  and  apart  from  qualified  health
     3  plans,  that  is  issued  by  an  approved organization and certified in
     4  accordance with this section.
     5    (d)  (i)  has  household income at or below two hundred percent of the
     6  federal poverty line defined and annually revised by the  United  States
     7  department  of  health  and  human  services for a household of the same
     8  size; and (ii) has household income that  exceeds  one  hundred  thirty-
     9  three  percent  of the federal poverty line defined and annually revised
    10  by the United States department of  health  and  human  services  for  a
    11  household of the same size; however, MAGI eligible aliens lawfully pres-
    12  ent  in the United States with household incomes at or below one hundred
    13  thirty-three percent of the federal poverty line shall  be  eligible  to
    14  receive  coverage for health care services pursuant to the provisions of
    15  this title if such alien would  be  ineligible  for  medical  assistance
    16  under title eleven of this article due to his or her immigration status.
    17    An  applicant who fails to make an applicable premium payment, if any,
    18  shall lose eligibility to receive coverage for health care  services  in
    19  accordance with time frames and procedures determined by the commission-
    20  er.
    21    5.  Premiums  and  cost  sharing. (a) Subject to federal approval, the
    22  commissioner shall establish premium payments  enrollees  shall  pay  to
    23  approved  organizations for coverage of health care services pursuant to
    24  this title. [Such premium payments shall be established in the following
    25  manner:
    26    (i) up to twenty dollars monthly for an individual  with  a  household
    27  income  above  one hundred and fifty percent of the federal poverty line
    28  but at or below two hundred percent of the federal poverty line  defined
    29  and annually revised by the United States department of health and human
    30  services for a household of the same size; and
    31    (ii)  no]  No  payment  is  required  for individuals with a household
    32  income at or below [one hundred and fifty] two hundred  percent  of  the
    33  federal  poverty  line defined and annually revised by the United States
    34  department of health and human services for  a  household  of  the  same
    35  size.
    36    (b)  The  commissioner  shall  establish  cost sharing obligations for
    37  enrollees, subject to federal approval. There shall be  no  cost-sharing
    38  obligations  for  enrollees for dental and vision services as defined in
    39  subparagraph (ii) of paragraph (c) of subdivision one of this section.
    40    7. Any funds transferred by the secretary of health and human services
    41  to the state pursuant to 42 U.S.C. 18051(d) shall be deposited in trust.
    42  Funds from the trust shall be used for providing health benefits through
    43  an approved organization, which, at a minimum, shall  include  essential
    44  health  benefits  as  defined  in  42  U.S.C.  18022(b);  to  reduce the
    45  premiums, if any, and cost sharing of participants in the  basic  health
    46  program;  or  for such other purposes as may be allowed by the secretary
    47  of health and human services.  Health  benefits  available  through  the
    48  basic health program shall be provided by one or more approved organiza-
    49  tions  pursuant  to an agreement with the department of health and shall
    50  meet the requirements of applicable federal and  state  laws  and  regu-
    51  lations.
    52    §  3.  This act shall take effect June 1, 2021 and shall expire and be
    53  deemed repealed should federal approval be withdrawn or 42 U.S.C.  18051
    54  be  repealed;  provided that the commissioner of health shall notify the
    55  legislative bill drafting commission  upon  the  withdrawal  of  federal
    56  approval  or  the repeal of 42 U.S.C. 18051 in order that the commission

        S. 2507--C                         12                         A. 3007--C
 
     1  may maintain an accurate and timely effective data base of the  official
     2  text of the laws of the state of New York in furtherance of effectuating
     3  the  provisions of section 44 of the legislative law and section 70-b of
     4  the public officers law.
 
     5                                   PART I
 
     6                            Intentionally Omitted
 
     7                                   PART J
 
     8                            Intentionally Omitted
 
     9                                   PART K
 
    10    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
    11  of the laws of 1986, amending the civil practice law and rules and other
    12  laws  relating  to  malpractice  and  professional  medical  conduct, as
    13  amended by section 1 of part AAA of chapter 56 of the laws of  2020,  is
    14  amended to read as follows:
    15    (a)  The  superintendent of financial services and the commissioner of
    16  health or their designee shall, from funds  available  in  the  hospital
    17  excess liability pool created pursuant to subdivision 5 of this section,
    18  purchase  a policy or policies for excess insurance coverage, as author-
    19  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
    20  law; or from an insurer, other than an insurer described in section 5502
    21  of the insurance law, duly authorized to write such coverage and actual-
    22  ly  writing  medical  malpractice  insurance  in  this  state;  or shall
    23  purchase equivalent excess coverage in a form previously approved by the
    24  superintendent of financial services for purposes  of  providing  equiv-
    25  alent  excess  coverage  in accordance with section 19 of chapter 294 of
    26  the laws of 1985, for medical or dental malpractice occurrences  between
    27  July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
    28  between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
    29  30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
    30  and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
    31  1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
    32  between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
    33  30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
    34  and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
    35  1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
    36  between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
    37  30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
    38  and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
    39  1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
    40  between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
    41  30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
    42  and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
    43  1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
    44  between July 1, 2016 and June 30, 2017, between July 1,  2017  and  June
    45  30,  2018,  between July 1, 2018 and June 30, 2019, between July 1, 2019
    46  and June 30, 2020, [and] between July 1, 2020 and  June  30,  2021,  and
    47  between  July  1, 2021 and June 30, 2022 or reimburse the hospital where
    48  the hospital purchases equivalent excess coverage as defined in subpara-
    49  graph (i) of paragraph (a)  of  subdivision  1-a  of  this  section  for
    50  medical  or dental malpractice occurrences between July 1, 1987 and June

        S. 2507--C                         13                         A. 3007--C

     1  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
     2  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
     3  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
     4  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
     5  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
     6  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
     7  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
     8  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
     9  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    10  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    11  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    12  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    13  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    14  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    15  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    16  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    17  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    18  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
    19  1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
    20  and between July 1, 2021 and June 30, 2022 for  physicians  or  dentists
    21  certified as eligible for each such period or periods pursuant to subdi-
    22  vision  2  of  this  section  by a general hospital licensed pursuant to
    23  article 28 of the public health law; provided  that  no  single  insurer
    24  shall  write  more  than fifty percent of the total excess premium for a
    25  given policy year; and provided, however, that such eligible  physicians
    26  or  dentists  must  have  in force an individual policy, from an insurer
    27  licensed in this state of  primary  malpractice  insurance  coverage  in
    28  amounts  of  no less than one million three hundred thousand dollars for
    29  each claimant and three million nine hundred thousand  dollars  for  all
    30  claimants  under  that  policy during the period of such excess coverage
    31  for such occurrences or be  endorsed  as  additional  insureds  under  a
    32  hospital professional liability policy which is offered through a volun-
    33  tary  attending physician ("channeling") program previously permitted by
    34  the superintendent of financial  services  during  the  period  of  such
    35  excess  coverage  for  such occurrences. During such period, such policy
    36  for excess coverage or  such  equivalent  excess  coverage  shall,  when
    37  combined with the physician's or dentist's primary malpractice insurance
    38  coverage  or  coverage  provided through a voluntary attending physician
    39  ("channeling") program, total an aggregate level of  two  million  three
    40  hundred  thousand dollars for each claimant and six million nine hundred
    41  thousand dollars for all claimants from all such policies  with  respect
    42  to  occurrences  in each of such years provided, however, if the cost of
    43  primary malpractice insurance coverage in excess of one million dollars,
    44  but below the excess medical  malpractice  insurance  coverage  provided
    45  pursuant  to  this act, exceeds the rate of nine percent per annum, then
    46  the required level of primary malpractice insurance coverage  in  excess
    47  of  one  million  dollars for each claimant shall be in an amount of not
    48  less than the dollar amount of such coverage available at  nine  percent
    49  per  annum;  the required level of such coverage for all claimants under
    50  that policy shall be in an amount not less than three times  the  dollar
    51  amount of coverage for each claimant; and excess coverage, when combined
    52  with  such  primary  malpractice  insurance coverage, shall increase the
    53  aggregate level for each claimant  by  one  million  dollars  and  three
    54  million  dollars  for  all  claimants;  and provided further, that, with
    55  respect to policies of primary medical malpractice coverage that include
    56  occurrences between April 1, 2002 and June 30,  2002,  such  requirement

        S. 2507--C                         14                         A. 3007--C
 
     1  that coverage be in amounts no less than one million three hundred thou-
     2  sand  dollars  for each claimant and three million nine hundred thousand
     3  dollars for all claimants for such occurrences shall be effective  April
     4  1, 2002.
     5    §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
     6  amending the civil practice law and rules and  other  laws  relating  to
     7  malpractice and professional medical conduct, as amended by section 2 of
     8  part  AAA  of  chapter  56  of  the  laws of 2020, is amended to read as
     9  follows:
    10    (3)(a) The superintendent of financial services  shall  determine  and
    11  certify  to  each general hospital and to the commissioner of health the
    12  cost of excess malpractice insurance for medical or  dental  malpractice
    13  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
    14  and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
    15  1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
    16  between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
    17  30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
    18  and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
    19  1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
    20  between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
    21  30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
    22  and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
    23  1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
    24  between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
    25  30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
    26  and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
    27  1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, [and]
    28  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
    29  30,  2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
    30  2016 and June 30, 2017, between July 1, 2017 and June 30, 2018,  between
    31  July  1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
    32  [and] between July 1, 2020 and June 30, 2021, and between July  1,  2021
    33  and  June  30, 2022 allocable to each general hospital for physicians or
    34  dentists certified as eligible for  purchase  of  a  policy  for  excess
    35  insurance  coverage by such general hospital in accordance with subdivi-
    36  sion 2 of this section, and may amend  such  determination  and  certif-
    37  ication as necessary.
    38    (b)  The  superintendent  of  financial  services  shall determine and
    39  certify to each general hospital and to the commissioner of  health  the
    40  cost  of  excess malpractice insurance or equivalent excess coverage for
    41  medical or dental malpractice occurrences between July 1, 1987 and  June
    42  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    43  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
    44  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
    45  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
    46  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
    47  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
    48  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
    49  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
    50  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
    51  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
    52  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
    53  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
    54  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
    55  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
    56  1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,

        S. 2507--C                         15                         A. 3007--C
 
     1  between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
     2  30,  2016,  between July 1, 2016 and June 30, 2017, between July 1, 2017
     3  and June 30, 2018, between July 1, 2018 and June 30, 2019, between  July
     4  1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
     5  and  between  July  1,  2021 and June 30, 2022 allocable to each general
     6  hospital for physicians or dentists certified as eligible  for  purchase
     7  of  a policy for excess insurance coverage or equivalent excess coverage
     8  by such general hospital  in  accordance  with  subdivision  2  of  this
     9  section,  and  may  amend such determination and certification as neces-
    10  sary. The superintendent  of  financial  services  shall  determine  and
    11  certify  to  each general hospital and to the commissioner of health the
    12  ratable share of such cost allocable to  the  period  July  1,  1987  to
    13  December  31,  1987,  to the period January 1, 1988 to June 30, 1988, to
    14  the period July 1, 1988 to December 31, 1988, to the period  January  1,
    15  1989  to June 30, 1989, to the period July 1, 1989 to December 31, 1989,
    16  to the period January 1, 1990 to June 30, 1990, to the  period  July  1,
    17  1990  to  December  31,  1990, to the period January 1, 1991 to June 30,
    18  1991, to the period July 1, 1991 to December 31,  1991,  to  the  period
    19  January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
    20  31,  1992, to the period January 1, 1993 to June 30, 1993, to the period
    21  July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
    22  30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
    23  January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
    24  31, 1995, to the period January 1, 1996 to June 30, 1996, to the  period
    25  July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
    26  30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
    27  January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
    28  31,  1998, to the period January 1, 1999 to June 30, 1999, to the period
    29  July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
    30  30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
    31  January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
    32  2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
    33  2003 to June 30, 2004, to the period July 1, 2004 to June 30,  2005,  to
    34  the  period  July  1, 2005 and June 30, 2006, to the period July 1, 2006
    35  and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to  the
    36  period  July  1,  2008 and June 30, 2009, to the period July 1, 2009 and
    37  June 30, 2010, to the period July 1, 2010 and  June  30,  2011,  to  the
    38  period  July  1,  2011 and June 30, 2012, to the period July 1, 2012 and
    39  June 30, 2013, to the period July 1, 2013 and  June  30,  2014,  to  the
    40  period  July  1,  2014 and June 30, 2015, to the period July 1, 2015 and
    41  June 30, 2016, to the period July 1, 2016 and  June  30,  2017,  to  the
    42  period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
    43  30,  2019,  to  the  period  July 1, 2019 to June 30, 2020, [and] to the
    44  period July 1, 2020 to June 30, 2021, and to the period July 1, 2021  to
    45  June 30, 2022.
    46    § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
    47  18  of  chapter 266 of the laws of 1986, amending the civil practice law
    48  and rules and  other  laws  relating  to  malpractice  and  professional
    49  medical  conduct,  as  amended by section 3 of part AAA of chapter 56 of
    50  the laws of 2020, are amended to read as follows:
    51    (a) To the extent funds available to  the  hospital  excess  liability
    52  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    53  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    54  time  to  time  be amended, which amended this subdivision, are insuffi-
    55  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    56  excess  coverage  for coverage periods during the period July 1, 1992 to

        S. 2507--C                         16                         A. 3007--C
 
     1  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
     2  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
     3  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
     4  during  the period July 1, 1997 to June 30, 1998, during the period July
     5  1, 1998 to June 30, 1999, during the period July 1,  1999  to  June  30,
     6  2000, during the period July 1, 2000 to June 30, 2001, during the period
     7  July  1,  2001  to  October 29, 2001, during the period April 1, 2002 to
     8  June 30, 2002, during the period July 1, 2002 to June 30,  2003,  during
     9  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    10  to  June  30,  2005,  during  the  period July 1, 2005 to June 30, 2006,
    11  during the period July 1, 2006 to June 30, 2007, during the period  July
    12  1,  2007  to  June  30, 2008, during the period July 1, 2008 to June 30,
    13  2009, during the period July 1, 2009 to June 30, 2010, during the period
    14  July 1, 2010 to June 30, 2011, during the period July 1,  2011  to  June
    15  30,  2012,  during  the period July 1, 2012 to June 30, 2013, during the
    16  period July 1, 2013 to June 30, 2014, during the period July 1, 2014  to
    17  June  30,  2015, during the period July 1, 2015 to June 30, 2016, during
    18  the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
    19  to June 30, 2018, during the period July  1,  2018  to  June  30,  2019,
    20  during the period July 1, 2019 to June 30, 2020, [and] during the period
    21  July  1,  2020  to  June 30, 2021, and during the period July 1, 2021 to
    22  June 30, 2022 allocated or reallocated in accordance with paragraph  (a)
    23  of  subdivision  4-a  of  this section to rates of payment applicable to
    24  state governmental agencies, each physician or dentist for whom a policy
    25  for excess insurance coverage or equivalent excess coverage is purchased
    26  for such period shall be responsible for  payment  to  the  provider  of
    27  excess  insurance coverage or equivalent excess coverage of an allocable
    28  share of such insufficiency, based on the ratio of  the  total  cost  of
    29  such  coverage  for  such physician to the sum of the total cost of such
    30  coverage for all physicians applied to such insufficiency.
    31    (b) Each provider of excess insurance coverage  or  equivalent  excess
    32  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
    33  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    34  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
    35  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
    36  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    37  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
    38  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
    39  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
    40  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
    41  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
    42  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    43  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    44  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
    45  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
    46  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
    47  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
    48  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    49  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    50  June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
    51  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    52  od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
    53  June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
    54  covering the period July 1, 2020 to June 30, 2021, or covering the peri-
    55  od  July  1,  2021  to June 30, 2022 shall notify a covered physician or
    56  dentist by mail, mailed to the address shown on the last application for

        S. 2507--C                         17                         A. 3007--C
 
     1  excess insurance coverage or equivalent excess coverage, of  the  amount
     2  due  to  such  provider from such physician or dentist for such coverage
     3  period determined in accordance with paragraph (a) of this  subdivision.
     4  Such amount shall be due from such physician or dentist to such provider
     5  of excess insurance coverage or equivalent excess coverage in a time and
     6  manner determined by the superintendent of financial services.
     7    (c)  If  a physician or dentist liable for payment of a portion of the
     8  costs of excess insurance coverage or equivalent excess coverage  cover-
     9  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
    10  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
    11  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
    12  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
    13  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    14  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
    15  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    16  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
    17  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
    18  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
    19  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
    20  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
    21  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
    22  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    23  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
    24  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
    25  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    26  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
    27  2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
    28  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    29  2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
    30  2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
    31  the period July 1, 2020 to June 30, 2021, or covering the period July 1,
    32  2021 to June 30, 2022 determined in accordance  with  paragraph  (a)  of
    33  this  subdivision  fails,  refuses  or  neglects  to make payment to the
    34  provider of excess insurance coverage or equivalent excess  coverage  in
    35  such  time  and  manner as determined by the superintendent of financial
    36  services pursuant to paragraph (b) of this subdivision, excess insurance
    37  coverage or equivalent excess coverage purchased for such  physician  or
    38  dentist  in  accordance with this section for such coverage period shall
    39  be cancelled and shall be null and void as of the first day on or  after
    40  the  commencement  of  a  policy  period where the liability for payment
    41  pursuant to this subdivision has not been met.
    42    (d) Each provider of excess insurance coverage  or  equivalent  excess
    43  coverage  shall  notify the superintendent of financial services and the
    44  commissioner of health or their designee of each physician  and  dentist
    45  eligible  for  purchase  of  a  policy  for excess insurance coverage or
    46  equivalent excess coverage covering the period July 1, 1992 to June  30,
    47  1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
    48  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    49  1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
    50  1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
    51  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    52  1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
    53  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    54  ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
    55  July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
    56  June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or

        S. 2507--C                         18                         A. 3007--C
 
     1  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
     2  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
     3  June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
     4  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
     5  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
     6  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
     7  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
     8  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
     9  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
    10  covering the period July 1, 2017 to June 30, 2018, or covering the peri-
    11  od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
    12  June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
    13  covering the period July 1, 2021 to June 30, 2022 that has made  payment
    14  to  such  provider  of  excess  insurance  coverage or equivalent excess
    15  coverage in accordance with paragraph (b) of  this  subdivision  and  of
    16  each  physician and dentist who has failed, refused or neglected to make
    17  such payment.
    18    (e) A provider of  excess  insurance  coverage  or  equivalent  excess
    19  coverage  shall  refund to the hospital excess liability pool any amount
    20  allocable to the period July 1, 1992 to June 30, 1993, and to the period
    21  July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
    22  30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
    23  period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
    24  June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
    25  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    26  to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
    27  and to the period April 1, 2002 to June 30, 2002, and to the period July
    28  1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
    29  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    30  July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
    31  30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
    32  period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
    33  June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
    34  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    35  to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
    36  to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
    37  2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017,  and
    38  to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
    39  2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
    40  and  to the period July 1, 2020 to June 30, 2021, and to the period July
    41  1, 2021 to June 30, 2022 received from  the  hospital  excess  liability
    42  pool  for  purchase  of  excess  insurance coverage or equivalent excess
    43  coverage covering the period July 1, 1992 to June 30, 1993, and covering
    44  the period July 1, 1993 to June 30, 1994, and covering the  period  July
    45  1,  1994  to June 30, 1995, and covering the period July 1, 1995 to June
    46  30, 1996, and covering the period July 1, 1996 to  June  30,  1997,  and
    47  covering  the  period  July  1,  1997 to June 30, 1998, and covering the
    48  period July 1, 1998 to June 30, 1999, and covering the  period  July  1,
    49  1999  to June 30, 2000, and covering the period July 1, 2000 to June 30,
    50  2001, and covering the period July 1, 2001  to  October  29,  2001,  and
    51  covering  the  period  April  1, 2002 to June 30, 2002, and covering the
    52  period July 1, 2002 to June 30, 2003, and covering the  period  July  1,
    53  2003  to June 30, 2004, and covering the period July 1, 2004 to June 30,
    54  2005, and covering the period July 1, 2005 to June 30, 2006, and  cover-
    55  ing  the  period  July 1, 2006 to June 30, 2007, and covering the period
    56  July 1, 2007 to June 30, 2008, and covering the period July 1,  2008  to

        S. 2507--C                         19                         A. 3007--C

     1  June  30,  2009,  and covering the period July 1, 2009 to June 30, 2010,
     2  and covering the period July 1, 2010 to June 30, 2011, and covering  the
     3  period  July  1,  2011 to June 30, 2012, and covering the period July 1,
     4  2012  to June 30, 2013, and covering the period July 1, 2013 to June 30,
     5  2014, and covering the period July 1, 2014 to June 30, 2015, and  cover-
     6  ing  the  period  July 1, 2015 to June 30, 2016, and covering the period
     7  July 1, 2016 to June 30, 2017, and covering the period July 1,  2017  to
     8  June  30,  2018,  and covering the period July 1, 2018 to June 30, 2019,
     9  and covering the period July 1, 2019 to June 30, 2020, and covering  the
    10  period  July  1,  2020 to June 30, 2021, and covering the period July 1,
    11  2021 to June 30, 2022 for a  physician  or  dentist  where  such  excess
    12  insurance coverage or equivalent excess coverage is cancelled in accord-
    13  ance with paragraph (c) of this subdivision.
    14    § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
    15  practice  law  and  rules  and  other  laws  relating to malpractice and
    16  professional medical conduct, as amended by section 5  of  part  AAA  of
    17  chapter 56 of the laws of 2020, is amended to read as follows:
    18    §  40.  The superintendent of financial services shall establish rates
    19  for policies providing coverage  for  physicians  and  surgeons  medical
    20  malpractice  for the periods commencing July 1, 1985 and ending June 30,
    21  [2021] 2022; provided, however, that notwithstanding any other provision
    22  of law, the superintendent shall not establish or approve  any  increase
    23  in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
    24  2010. The superintendent shall direct insurers to  establish  segregated
    25  accounts  for premiums, payments, reserves and investment income attrib-
    26  utable to such premium periods and shall require periodic reports by the
    27  insurers regarding claims and expenses attributable to such  periods  to
    28  monitor whether such accounts will be sufficient to meet incurred claims
    29  and  expenses. On or after July 1, 1989, the superintendent shall impose
    30  a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
    31  attributable  to the premium levels established pursuant to this section
    32  for such periods; provided, however, that such  annual  surcharge  shall
    33  not  exceed  eight  percent of the established rate until July 1, [2021]
    34  2022, at which time and thereafter such surcharge shall not exceed twen-
    35  ty-five percent of the approved adequate  rate,  and  that  such  annual
    36  surcharges shall continue for such period of time as shall be sufficient
    37  to  satisfy  such  deficiency.  The superintendent shall not impose such
    38  surcharge during the period commencing July 1, 2009 and ending June  30,
    39  2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
    40  section shall be retained by insurers to the extent  that  they  insured
    41  physicians  and surgeons during the July 1, 1985 through June 30, [2021]
    42  2022 policy periods; in the event  and  to  the  extent  physicians  and
    43  surgeons  were  insured by another insurer during such periods, all or a
    44  pro rata share of the surcharge, as the case may be, shall  be  remitted
    45  to  such  other  insurer  in accordance with rules and regulations to be
    46  promulgated by the superintendent.  Surcharges collected from physicians
    47  and surgeons who were not insured during such policy  periods  shall  be
    48  apportioned  among  all insurers in proportion to the premium written by
    49  each insurer during such policy periods; if a physician or  surgeon  was
    50  insured by an insurer subject to rates established by the superintendent
    51  during  such  policy  periods,  and  at  any time thereafter a hospital,
    52  health maintenance organization, employer or institution is  responsible
    53  for  responding in damages for liability arising out of such physician's
    54  or surgeon's practice of medicine, such responsible  entity  shall  also
    55  remit  to  such  prior  insurer the equivalent amount that would then be
    56  collected as a surcharge if the physician or surgeon  had  continued  to

        S. 2507--C                         20                         A. 3007--C
 
     1  remain  insured  by  such  prior  insurer. In the event any insurer that
     2  provided coverage during such policy  periods  is  in  liquidation,  the
     3  property/casualty  insurance  security fund shall receive the portion of
     4  surcharges to which the insurer in liquidation would have been entitled.
     5  The surcharges authorized herein shall be deemed to be income earned for
     6  the  purposes of section 2303 of the insurance law.  The superintendent,
     7  in establishing adequate rates and in determining  any  projected  defi-
     8  ciency  pursuant  to  the requirements of this section and the insurance
     9  law, shall give substantial weight, determined  in  his  discretion  and
    10  judgment,  to  the  prospective  anticipated  effect  of any regulations
    11  promulgated and laws enacted and the  public  benefit  of    stabilizing
    12  malpractice rates and minimizing rate level fluctuation during the peri-
    13  od  of  time  necessary for the development of more reliable statistical
    14  experience as to the efficacy of such  laws  and  regulations  affecting
    15  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    16  1986,  by this act and at any other time.  Notwithstanding any provision
    17  of the insurance law, rates already established and to be established by
    18  the superintendent pursuant to this section are deemed adequate if  such
    19  rates  would be adequate when taken together with the maximum authorized
    20  annual surcharges to be imposed for a reasonable period of time  whether
    21  or  not  any  such  annual surcharge has been actually imposed as of the
    22  establishment of such rates.
    23    § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
    24  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
    25  1986, amending the civil practice law and rules and other laws  relating
    26  to malpractice and professional medical conduct, as amended by section 6
    27  of  part  AAA  of chapter 56 of the laws of 2020, are amended to read as
    28  follows:
    29    § 5. The superintendent of financial services and the commissioner  of
    30  health shall determine, no later than June 15, 2002, June 15, 2003, June
    31  15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
    32  June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
    33  2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
    34  15, 2018, June 15, 2019, June 15, 2020, [and] June 15,  2021,  and  June
    35  15,  2022 the amount of funds available in the hospital excess liability
    36  pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
    37  and whether such funds are sufficient for purposes of purchasing  excess
    38  insurance  coverage  for  eligible participating physicians and dentists
    39  during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
    40  30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June  30,
    41  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    42  2007, or July 1, 2007 to June 30, 2008, or July  1,  2008  to  June  30,
    43  2009,  or  July  1,  2009  to June 30, 2010, or July 1, 2010 to June 30,
    44  2011, or July 1, 2011 to June 30, 2012, or July  1,  2012  to  June  30,
    45  2013,  or  July  1,  2013  to June 30, 2014, or July 1, 2014 to June 30,
    46  2015, or July 1, 2015 to June 30, 2016, or July  1,  2016  to  June  30,
    47  2017,  or  July  1,  2017  to June 30, 2018, or July 1, 2018 to June 30,
    48  2019, or July 1, 2019 to June 30, 2020, or July  1,  2020  to  June  30,
    49  2021, or July 1, 2021 to June 30, 2022 as applicable.
    50    (a)  This section shall be effective only upon a determination, pursu-
    51  ant to section five of this act,  by  the  superintendent  of  financial
    52  services  and  the  commissioner  of health, and a certification of such
    53  determination to the state director of the  budget,  the  chair  of  the
    54  senate  committee  on finance and the chair of the assembly committee on
    55  ways and means, that the amount of funds in the hospital excess  liabil-
    56  ity  pool,  created pursuant to section 18 of chapter 266 of the laws of

        S. 2507--C                         21                         A. 3007--C
 
     1  1986, is insufficient for purposes of purchasing excess insurance cover-
     2  age for eligible participating physicians and dentists during the period
     3  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
     4  1,  2003  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
     5  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
     6  to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,  2009  to
     7  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
     8  30,  2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
     9  2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
    10  2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
    11  2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
    12  2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 2022
    13  as applicable.
    14    (e)  The  commissioner  of  health  shall  transfer for deposit to the
    15  hospital excess liability pool created pursuant to section 18 of chapter
    16  266 of the laws of 1986 such amounts as directed by  the  superintendent
    17  of  financial  services  for  the purchase of excess liability insurance
    18  coverage for eligible participating  physicians  and  dentists  for  the
    19  policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
    20  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
    21  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    22  2007, as applicable, and the cost of administering the  hospital  excess
    23  liability pool for such applicable policy year,  pursuant to the program
    24  established  in  chapter  266  of the laws of 1986, as amended, no later
    25  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
    26  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    27  June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
    28  2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
    29  15, 2020, [and] June 15, 2021, and June 15, 2022 as applicable.
    30    § 6. Section 20 of part H of chapter 57 of the laws of 2017,  amending
    31  the  New  York Health Care Reform Act of 1996 and other laws relating to
    32  extending certain provisions thereto, as amended by section  7  of  part
    33  AAA of chapter 56 of the laws of 2020, is amended to read as follows:
    34    §  20.  Notwithstanding  any  law, rule or regulation to the contrary,
    35  only physicians or dentists who were eligible, and for whom  the  super-
    36  intendent of financial services and the commissioner of health, or their
    37  designee, purchased, with funds available in the hospital excess liabil-
    38  ity  pool,  a  full  or partial policy for excess coverage or equivalent
    39  excess coverage for the coverage period ending the  thirtieth  of  June,
    40  two  thousand  [twenty]  twenty-one, shall be eligible to apply for such
    41  coverage for the coverage period beginning the first of July, two  thou-
    42  sand  [twenty]  twenty-one;  provided,  however,  if the total number of
    43  physicians or dentists for  whom  such  excess  coverage  or  equivalent
    44  excess  coverage  was purchased for the policy year ending the thirtieth
    45  of June, two thousand [twenty] twenty-one exceeds the  total  number  of
    46  physicians  or  dentists  certified  as eligible for the coverage period
    47  beginning the first of July, two thousand [twenty] twenty-one, then  the
    48  general hospitals may certify additional eligible physicians or dentists
    49  in  a  number equal to such general hospital's proportional share of the
    50  total number of physicians or  dentists  for  whom  excess  coverage  or
    51  equivalent  excess  coverage  was  purchased with funds available in the
    52  hospital excess liability pool as of the thirtieth of June, two thousand
    53  [twenty] twenty-one, as applied to the difference between the number  of
    54  eligible physicians or dentists for whom a policy for excess coverage or
    55  equivalent  excess coverage was purchased for the coverage period ending
    56  the thirtieth of June, two thousand [twenty] twenty-one and  the  number

        S. 2507--C                         22                         A. 3007--C
 
     1  of  such  eligible  physicians  or  dentists who have applied for excess
     2  coverage or equivalent excess coverage for the coverage period beginning
     3  the first of July, two thousand [twenty] twenty-one.
     4    §  7.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2021.
 
     6                                   PART L
 
     7                            Intentionally Omitted
 
     8                                   PART M
 
     9    Section 1. Subdivision 1 of section 265-a of the public health law, as
    10  added by section 1 of part H of chapter 58  of  the  laws  of  2007,  is
    11  amended to read as follows:
    12    1.  The empire state stem cell board ("board"), comprised of a funding
    13  committee and an ethics committee, both of which shall be chaired by the
    14  commissioner, is hereby created within the department for the purpose of
    15  administering the empire state stem cell trust  fund  ("fund"),  created
    16  pursuant to section ninety-nine-p of the state finance law. The board is
    17  hereby  empowered,  subject  to  annual appropriations and other funding
    18  authorized or made available, to make grants to basic, applied, transla-
    19  tional or other research and development activities  that  will  advance
    20  scientific discoveries in fields related to stem cell biology; provided,
    21  however,  that  the  board  shall  not make any grants on or after April
    22  first, two thousand twenty-one.
    23    § 2. Section 4 of part H of chapter 58 of the laws  of  2007  amending
    24  the public health law, the public officers law and the state finance law
    25  relating to establishing the empire state stem cell board, is amended to
    26  read as follows:
    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, 2007 and  shall
    29  expire and be deemed repealed December 31, 2025.
    30    §  3.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2021; provided,
    32  however, the amendments to section 265-a of the public health  law  made
    33  by  section  one  of  this  act  shall not affect the expiration of such
    34  section and shall be deemed to expire therewith.
 
    35                                   PART N
 
    36                            Intentionally Omitted
 
    37                                   PART O
 
    38                            Intentionally Omitted
 
    39                                   PART P
 
    40                            Intentionally Omitted
 
    41                                   PART Q
 
    42                            Intentionally Omitted

        S. 2507--C                         23                         A. 3007--C
 
     1                                   PART R

     2                            Intentionally Omitted
 
     3                                   PART S
 
     4    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
     5  public  health  law  relating  to  authorizing bad debt and charity care
     6  allowances for certified home health agencies, as amended by  section  3
     7  of  part  E  of  chapter  57  of the laws of 2019, is amended to read as
     8  follows:
     9    § 11. This act shall take effect immediately and:
    10    (a) sections one and three shall expire on December 31, 1996,
    11    (b) sections four through ten shall expire on June  30,  [2021]  2023,
    12  and
    13    (c) provided that the amendment to section 2807-b of the public health
    14  law  by  section two of this act shall not affect the expiration of such
    15  section 2807-b as otherwise provided by  law  and  shall  be  deemed  to
    16  expire therewith.
    17    §  2.  Subdivision  (a)  of section 40 of part B of chapter 109 of the
    18  laws of 2010, amending the social services law relating  to  transporta-
    19  tion  costs, as amended by section 5 of part E of chapter 57 of the laws
    20  of 2019, is amended to read as follows:
    21    (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
    22  and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
    23  fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
    24  take effect January 1, 2011; and provided further that section twenty of
    25  this act shall be deemed repealed [ten] sixteen years after the date the
    26  contract  entered  into pursuant to section 365-h of the social services
    27  law, as amended by section twenty of this  act,  is  executed;  provided
    28  that the commissioner of health shall notify the legislative bill draft-
    29  ing  commission upon the execution of the contract entered into pursuant
    30  to section [367-h] 365-h of the social services law in  order  that  the
    31  commission  may  maintain  an accurate and timely effective data base of
    32  the official text of the laws of the state of New York in furtherance of
    33  effectuating the provisions of section 44 of  the  legislative  law  and
    34  section 70-b of the public officers law;
    35    § 3. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
    36  amending  the  public  health  law  and  other  laws relating to medical
    37  reimbursement and welfare reform, as amended by section 12 of part E  of
    38  chapter 57 of the laws of 2019, is amended to read as follows:
    39    5-a.  Section sixty-four-a of this act shall be deemed to have been in
    40  full force and effect on and after April 1, 1995 through March 31,  1999
    41  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
    42  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
    43  through March 31, 2007, and on and after April 1, 2007 through March 31,
    44  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
    45  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
    46  2013  through  March  31,  2015,  and on and after April 1, 2015 through
    47  March 31, 2017 and on and after April 1, 2017 through  March  31,  2019,
    48  and  on and after April 1, 2019 through March 31, 2021, and on and after
    49  April 1, 2021 through March 31, 2023;
    50    § 4. Section 64-b of chapter 81 of the  laws  of  1995,  amending  the
    51  public  health  law and other laws relating to medical reimbursement and
    52  welfare reform, as amended by section 13 of part E of chapter 57 of  the
    53  laws of 2019, is amended to read as follows:

        S. 2507--C                         24                         A. 3007--C
 
     1    §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
     2  provisions of subdivision 7 of section 3614 of the public health law, as
     3  amended, shall remain and be in full force and effect on April  1,  1995
     4  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
     5  and after April 1, 2000 through March 31, 2003 and on and after April 1,
     6  2003  through  March  31,  2007,  and on and after April 1, 2007 through
     7  March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
     8  and  on and after April 1, 2011 through March 31, 2013, and on and after
     9  April 1, 2013 through March 31, 2015, and on and  after  April  1,  2015
    10  through  March 31, 2017 and on and after April 1, 2017 through March 31,
    11  2019, and on and after April 1, 2019 through March 31, 2021, and on  and
    12  after April 1, 2021 through March 31, 2023.
    13    § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending
    14  chapter  59 of the laws of 2011 amending the public health law and other
    15  laws relating to general hospital reimbursement  for  annual  rates,  as
    16  amended  by  section  14 of part E of chapter 57 of the laws of 2019, is
    17  amended to read as follows:
    18    § 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
    19  2807-c  of the public health law, section 21 of chapter 1 of the laws of
    20  1999, or any other contrary provision of law, in  determining  rates  of
    21  payments  by state governmental agencies effective for services provided
    22  on and after January 1, 2017 through March 31, [2021]  2023,  for  inpa-
    23  tient  and  outpatient services provided by general hospitals, for inpa-
    24  tient services and adult day health care outpatient services provided by
    25  residential health care facilities pursuant to article 28 of the  public
    26  health  law,  except  for residential health care facilities or units of
    27  such facilities providing services primarily to children  under  twenty-
    28  one  years  of  age,  for home health care services provided pursuant to
    29  article 36 of the public health law by certified home  health  agencies,
    30  long term home health care programs and AIDS home care programs, and for
    31  personal  care services provided pursuant to section 365-a of the social
    32  services law, the commissioner of health shall  apply  no  greater  than
    33  zero  trend  factors  attributable  to the 2017, 2018, 2019, 2020, [and]
    34  2021, 2022 and 2023 calendar years in accordance with paragraph  (c)  of
    35  subdivision  10  of  section  2807-c of the public health law, provided,
    36  however, that such no greater than zero trend  factors  attributable  to
    37  such  2017,  2018,  2019, 2020, [and] 2021, 2022 and 2023 calendar years
    38  shall also be applied to rates of payment provided on and after  January
    39  1,  2017  through  March  31,  [2021]  2023  for  personal care services
    40  provided in those local social services districts,  including  New  York
    41  city,  whose  rates of payment for such services are established by such
    42  local social services districts pursuant  to  a  rate-setting  exemption
    43  issued  by  the  commissioner  of  health  to such local social services
    44  districts  in  accordance  with  applicable  regulations;  and  provided
    45  further,  however, that for rates of payment for assisted living program
    46  services provided on and after January 1, 2017 through March 31,  [2021]
    47  2023,  such  trend  factors  attributable to the 2017, 2018, 2019, 2020,
    48  [and] 2021, 2022 and 2023 calendar years  shall  be  established  at  no
    49  greater than zero percent.
    50    §  6.  Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
    51  amending the public health  law  and  other  laws  relating  to  medical
    52  reimbursement  and welfare reform, as amended by section 17 of part E of
    53  chapter 57 of the laws of 2019, is amended to read as follows:
    54    2. Sections five, seven through nine,  twelve  through  fourteen,  and
    55  eighteen  of  this  act  shall  be deemed to have been in full force and
    56  effect on and after April 1, 1995 through March  31,  1999  and  on  and

        S. 2507--C                         25                         A. 3007--C
 
     1  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
     2  through  March 31, 2003 and on and after April 1, 2003 through March 31,
     3  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
     4  after  April  1,  2007  through March 31, 2009 and on and after April 1,
     5  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
     6  of  this act shall be deemed to be in full force and effect on and after
     7  April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
     8  through  March 31, 2017 and on and after April 1, 2017 through March 31,
     9  2019, and on and after April 1, 2019 through March 31, 2021, and on  and
    10  after April 1, 2021 through March 31, 2023;
    11    §  7.  Section 7 of part H of chapter 57 of the laws of 2019, amending
    12  the public health law relating to  waiver  of  certain  regulations,  as
    13  amended  by  section 11 of part BB of chapter 56 of the laws of 2020, is
    14  amended to read as follows:
    15    § 7. This act shall take effect immediately and  shall  be  deemed  to
    16  have been in full force and effect on and after April 1, 2019, provided,
    17  however,  that  section  two of this act shall expire on April 1, [2021]
    18  2022.
    19    § 8. Section 5 of chapter 517 of the laws of 2016, amending the public
    20  health law relating to payments from the New York state  medical  indem-
    21  nity  fund, as amended by section 18 of part Y of chapter 56 of the laws
    22  of 2020, is amended to read as follows:
    23    § 5. This act shall take effect on the forty-fifth day after it  shall
    24  have  become  a  law,  provided  that the amendments to subdivision 4 of
    25  section 2999-j of the public health law made by section two of this  act
    26  shall  take  effect  on  June  30,  2017  and shall expire and be deemed
    27  repealed December 31, [2021] 2022.
    28    § 9. Subdivision 1 of section 2999-aa of the  public  health  law,  as
    29  amended  by  chapter  80  of  the  laws  of  2017, is amended to read as
    30  follows:
    31    1. In order to promote improved quality and efficiency of, and  access
    32  to,  health  care  services and to promote improved clinical outcomes to
    33  the residents of New York, it shall  be  the  policy  of  the  state  to
    34  encourage, where appropriate, cooperative, collaborative and integrative
    35  arrangements  including  but  not  limited  to, mergers and acquisitions
    36  among health care providers or  among  others  who  might  otherwise  be
    37  competitors,  under  the  active supervision of the commissioner. To the
    38  extent such arrangements, or the planning and negotiations that  precede
    39  them,  might  be  anti-competitive  within the meaning and intent of the
    40  state and federal antitrust laws, the intent of the state is to supplant
    41  competition with such arrangements  under  the  active  supervision  and
    42  related  administrative  actions  of  the  commissioner  as necessary to
    43  accomplish the purposes of this article, and  to  provide  state  action
    44  immunity  under  the  state  and  federal antitrust laws with respect to
    45  activities undertaken by health care providers and  others  pursuant  to
    46  this  article,  where  the benefits of such active supervision, arrange-
    47  ments and actions of the commissioner outweigh any disadvantages  likely
    48  to  result  from  a reduction of competition. The commissioner shall not
    49  approve an arrangement for which state action immunity is  sought  under
    50  this  article without first consulting with, and receiving a recommenda-
    51  tion from, the public health and health planning council. No arrangement
    52  under this article shall be approved after  December  thirty-first,  two
    53  thousand [twenty] twenty-four.
    54    §  10. Section 3 of part D of chapter 56 of the laws of 2014, amending
    55  the education law relating to the nurse practitioners modernization act,
    56  is amended to read as follows:

        S. 2507--C                         26                         A. 3007--C
 
     1    § 3. This act shall take effect on the first of January after it shall
     2  have become a law and shall expire June 30 of the [sixth]  seventh  year
     3  after  it shall have become a law, when upon such date the provisions of
     4  this act shall be deemed repealed;  provided,  however,  that  effective
     5  immediately,  the addition, amendment and/or repeal of any rule or regu-
     6  lation necessary for the implementation of this  act  on  its  effective
     7  date  is  authorized  and directed to be made and completed on or before
     8  such effective date.
     9    § 11. Subparagraph (vi) of paragraph (b) of subdivision 2  of  section
    10  2807-d  of  the  public health law, as amended by section 9 of part E of
    11  chapter 57 of the laws of 2019, is amended to read as follows:
    12    (vi) Notwithstanding any contrary provision of this paragraph  or  any
    13  other  provision  of  law or regulation to the contrary, for residential
    14  health care facilities the assessment shall be six percent of each resi-
    15  dential health care facility's gross receipts received from all  patient
    16  care  services and other operating income on a cash basis for the period
    17  April first, two thousand two through March thirty-first,  two  thousand
    18  three  for  hospital  or  health-related  services,  including adult day
    19  services; provided, however, that residential  health  care  facilities'
    20  gross receipts attributable to payments received pursuant to title XVIII
    21  of the federal social security act (medicare) shall be excluded from the
    22  assessment; provided, however, that for all such gross receipts received
    23  on  or after April first, two thousand three through March thirty-first,
    24  two thousand five, such assessment shall be five  percent,  and  further
    25  provided  that  for  all  such gross receipts received on or after April
    26  first, two thousand five through March thirty-first, two thousand  nine,
    27  and  on  or  after  April first, two thousand nine through March thirty-
    28  first, two thousand eleven such assessment shall  be  six  percent,  and
    29  further  provided  that for all such gross receipts received on or after
    30  April first, two thousand eleven through March thirty-first,  two  thou-
    31  sand thirteen such assessment shall be six percent, and further provided
    32  that  for  all such gross receipts received on or after April first, two
    33  thousand thirteen through March thirty-first, two thousand fifteen  such
    34  assessment  shall be six percent, and further provided that for all such
    35  gross receipts received on or after April first,  two  thousand  fifteen
    36  through March thirty-first, two thousand seventeen such assessment shall
    37  be  six  percent,  and further provided that for all such gross receipts
    38  received on or after April first, two thousand seventeen  through  March
    39  thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
    40  percent, and further provided that for all such gross receipts  received
    41  on  or  after  April  first, two thousand nineteen through March thirty-
    42  first, two thousand twenty-one such assessment shall be six percent, and
    43  further provided that for all such gross receipts received on  or  after
    44  April  first,  two  thousand  twenty-one through March thirty-first, two
    45  thousand twenty-three such assessment shall be six percent.
    46    § 12. Section 2 of chapter 66 of the laws of 2016, amending the public
    47  health law relating to reporting of opioid overdose data, is amended  to
    48  read as follows:
    49    § 2. This act shall take effect immediately, provided that subdivision
    50  6  of  section 3309 of the public health law, as added by section one of
    51  this act, shall expire and be deemed repealed March 31, [2021] 2026.
    52    § 13. This act shall take effect immediately and shall  be  deemed  to
    53  have been in full force and effect on and after April 1, 2021.

    54                                   PART T

        S. 2507--C                         27                         A. 3007--C
 
     1    Section  1.  Section  3  of  part A of chapter 111 of the laws of 2010
     2  amending the mental hygiene law relating to the receipt of  federal  and
     3  state  benefits  received  by  individuals  receiving care in facilities
     4  operated by an office of the department of mental hygiene, as amended by
     5  section  1  of  part  X of chapter 57 of the laws of 2018, is amended to
     6  read as follows:
     7    § 3. This act shall take effect immediately; and shall expire  and  be
     8  deemed repealed June 30, [2021] 2024.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART U
 
    11    Section  1.  Section  4  of  part L of chapter 59 of the laws of 2016,
    12  amending the mental hygiene law relating to the appointment of temporary
    13  operators for the continued operation of programs and the  provision  of
    14  services  for  persons  with serious mental illness and/or developmental
    15  disabilities and/or chemical dependence, is amended to read as follows:
    16    § 4. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in full force and effect on and after April 1, 2016; provided,
    18  however,  that  sections  one  and  two  of this act shall expire and be
    19  deemed repealed on March 31, [2021] 2022.
    20    § 2. This act shall take effect immediately.
 
    21                                   PART V
 
    22    Section 1. Section 2 of part NN of chapter 58 of  the  laws  of  2015,
    23  amending  the mental hygiene law relating to clarifying the authority of
    24  the commissioners in the department of  mental  hygiene  to  design  and
    25  implement  time-limited  demonstration programs, as amended by section 1
    26  of part U of chapter 57 of the laws of  2018,  is  amended  to  read  as
    27  follows:
    28    §  2.  This  act shall take effect immediately and shall expire and be
    29  deemed repealed March 31, [2021] 2024.
    30    § 2. Subdivision (d) of section 41.35 of the mental  hygiene  law,  as
    31  amended  by  chapter  658  of  the  laws  of 1977, is amended to read as
    32  follows:
    33    (d) Quarterly reviews and evaluations of the program shall  be  under-
    34  taken  and  a  final report shall be developed by representatives of the
    35  commissioner or commissioners having jurisdiction over the services  and
    36  the local governmental unit assessing the program, indicating its poten-
    37  tial for continuation or use elsewhere, and making any further recommen-
    38  dations related to the program. Copies of such quarterly evaluations and
    39  final  reports  shall  be  sent  no later than November fifteenth to the
    40  director of the division of the budget, and the chairmen of  the  senate
    41  finance  committee and the assembly committee on ways and means and such
    42  final reports shall be included in the relevant commissioner or  commis-
    43  sioners  statewide  comprehensive  plan pursuant to section 5.07 of this
    44  chapter.
    45    § 3. Subparagraphs f and g  of  paragraph  1  of  subdivision  (b)  of
    46  section  5.07 of the mental hygiene law, as amended by section 3 of part
    47  N of chapter 56 of the laws of 2012, are amended and a new  subparagraph
    48  h is added to read as follows:
    49    f.  encourage  and  promote  person-centered,  culturally and linguis-
    50  tically competent community-based programs, services, and supports  that
    51  reflect  the  partnership  between  state  and local governmental units;
    52  [and]

        S. 2507--C                         28                         A. 3007--C
 
     1    g. include progress reports on the implementation of  both  short-term
     2  and  long-term  recommendations of the children's plan required pursuant
     3  to section four hundred eighty-three-f of the  social  services  law[.];
     4  and
     5    h.  include  final  reports  for  time-limited  demonstration programs
     6  pursuant to subdivision (d) of section 41.35 of this chapter.
     7    § 4. This act shall take effect immediately.
 
     8                                   PART W

     9    Section 1. Section 7 of part R2 of chapter 62 of  the  laws  of  2003,
    10  amending  the  mental  hygiene law and the state finance law relating to
    11  the community mental health support and workforce reinvestment  program,
    12  the  membership of subcommittees for mental health of community services
    13  boards and the duties of such subcommittees and creating  the  community
    14  mental  health and workforce reinvestment account, as amended by section
    15  1 of part V of chapter 57 of the laws of 2018, is  amended  to  read  as
    16  follows:
    17    § 7. This act shall take effect immediately and shall expire March 31,
    18  [2021]  2024  when  upon  such  date the provisions of this act shall be
    19  deemed repealed.
    20    § 2. This act shall take effect immediately.
 
    21                                   PART X
 
    22    Section 1. Notwithstanding section 41.55 of the  mental  hygiene  law,
    23  the  office  of  mental health shall not be required to allocate funding
    24  for fiscal year 2021-22 pursuant to the provisions of such  section  and
    25  such law.
    26    § 2. This act shall take effect immediately and shall expire March 31,
    27  2022  when  upon  such  date  the provisions of this act shall be deemed
    28  repealed.
 
    29                                   PART Y
 
    30                            Intentionally Omitted
 
    31                                   PART Z
 
    32    Section 1. Subdivision (a) of section 31.04 of the mental hygiene  law
    33  is amended by adding a new paragraph 8 to read as follows:
    34    8.  establishing  a  schedule  of  fees  for the purpose of processing
    35  applications for the issuance of operating certificates. All fees pursu-
    36  ant to this section shall be payable to the office for deposit into  the
    37  general fund.
    38    §  2.    This  act  shall take effect on the one hundred eightieth day
    39  after it shall have become a law.   Effective immediately,  the  commis-
    40  sioner  of  mental  health is authorized to promulgate any and all rules
    41  and regulations and take any other measures necessary to implement  this
    42  act on its effective date or before such date.
 
    43                                   PART AA
 
    44    Section  1.  The mental hygiene law is amended by adding a new section
    45  31.36 to read as follows:
    46  § 31.36 Crisis stabilization services.

        S. 2507--C                         29                         A. 3007--C
 
     1    The commissioner shall be authorized, in conjunction with the  commis-
     2  sioner  of  the  office  of  addiction  services and supports, to create
     3  crisis stabilization centers within New York state  in  accordance  with
     4  article  thirty-six  of  this title, including the promulgation of joint
     5  regulations and implementation of a financing mechanism to allow for the
     6  sustainable operation of such programs.
     7    §  2.  The mental hygiene law is amended by adding a new section 32.36
     8  to read as follows:
     9  § 32.36 Crisis stabilization services.
    10    The commissioner shall be authorized, in conjunction with the  commis-
    11  sioner  of  the  office of mental health, to create crisis stabilization
    12  centers within New York state in accordance with article  thirty-six  of
    13  this  title,  including the promulgation of joint regulations and imple-
    14  mentation of a financing mechanism to allow for the  sustainable  opera-
    15  tion of such programs.
    16    §  3.  The mental hygiene law is amended by adding a new article 36 to
    17  read as follows:
    18                                ARTICLE XXXVI
    19              ADDICTION AND MENTAL HEALTH SERVICES AND SUPPORTS
    20  Section 36.01 Crisis stabilization centers.
    21          36.02 Referral to crisis stabilization centers.
    22  § 36.01 Crisis stabilization centers.
    23    (a) (1) The commissioners are authorized  to  jointly  license  crisis
    24  stabilization  centers  subject to the availability of state and federal
    25  funding.
    26    (2) A crisis stabilization center  shall  serve  as  a  voluntary  and
    27  urgent  service  provider  for  persons  at  risk  of a mental health or
    28  substance abuse crisis or who are experiencing a  crisis  related  to  a
    29  psychiatric  and/or  substance  use  disorder that are in need of crisis
    30  stabilization services. Each crisis stabilization center  shall  provide
    31  or  contract  to  provide  person  centered  and  patient  driven crisis
    32  stabilization services for mental health or  substance  use  twenty-four
    33  hours per day, seven days per week, including but not limited to:
    34    (i) Engagement, triage and assessment;
    35    (ii) Continuous observation;
    36    (iii) Mild to moderate detoxification;
    37    (iv) Sobering services;
    38    (v) Therapeutic interventions;
    39    (vi) Discharge and after care planning;
    40    (vii) Telemedicine;
    41    (viii) Peer support services; and
    42    (ix) Medication assisted treatment.
    43    (3)  The  commissioners shall require each crisis stabilization center
    44  to submit a plan. The plan shall be approved by the commissioners  prior
    45  to  the  issuance of a license pursuant to this article. Each plan shall
    46  include:
    47    (i) a description of the center's catchment area,
    48    (ii) a description of the center's crisis stabilization services,
    49    (iii) agreements or affiliations with hospitals as defined in  section
    50  1.03 of this chapter,
    51    (iv) agreements or affiliations with general hospitals or law enforce-
    52  ment to receive persons,
    53    (v)  a  description  of  local  resources  available  to the center to
    54  prevent unnecessary hospitalizations of persons,

        S. 2507--C                         30                         A. 3007--C
 
     1    (vi) a description of the center's linkages with  local  police  agen-
     2  cies, emergency medical services, ambulance services and other transpor-
     3  tation agencies,
     4    (vii)  a  description  of  local  resources available to the center to
     5  provide appropriate community mental health and substance  use  disorder
     6  services upon release,
     7    (viii)  written  criteria and guidelines for the development of appro-
     8  priate planning for persons in  need  of  post  community  treatment  or
     9  services,
    10    (ix)  a  statement  indicating that the center has been included in an
    11  approved local services plan developed pursuant to article forty-one  of
    12  this  chapter  for  each  local  government  located within the center's
    13  catchment area; and
    14    (x) any other information or agreements required by the commissioners.
    15    (4) Crisis stabilization  centers  shall  participate  in  county  and
    16  community  planning  activities annually, and as additionally needed, in
    17  order to participate in local community service  planning  processes  to
    18  ensure, maintain, improve or develop community services that demonstrate
    19  recovery outcomes. These outcomes include, but are not limited to, qual-
    20  ity  of life, socio-economic status, entitlement status, social network-
    21  ing, coping skills and reduction in use of crisis services.
    22    (b) Each crisis stabilization center shall be staffed with a multidis-
    23  ciplinary team capable of meeting the needs of individuals  experiencing
    24  all  levels  of crisis in the community, which shall include, but not be
    25  limited to, at least one psychiatrist or psychiatric nurse practitioner,
    26  a credentialed alcoholism and substance abuse  counselor  and  one  peer
    27  support specialist on duty and available at all times.
    28    (c)  The  commissioners  shall promulgate regulations necessary to the
    29  operation of such crisis stabilization centers.
    30    (d) Where a crisis stabilization center has been established prior  to
    31  the  effective  date  of this article, the previously established center
    32  may be issued a license where the provider can  demonstrate  substantial
    33  compliance  with  minimum crisis service standards necessary for patient
    34  safety and program efficacy.
    35    (e) For the purpose of addressing unique rural service delivery  needs
    36  and conditions, the commissioners shall provide technical assistance for
    37  the  establishment  of  crisis  stabilization centers otherwise approved
    38  under the provisions of this section, including technical assistance  to
    39  promote  and facilitate the establishment of such centers in rural areas
    40  in the state or combinations of rural counties.
    41    (f) The commissioners shall develop guidelines for educational materi-
    42  als to assist crisis stabilization centers in  educating  local  practi-
    43  tioners,  community  mental  health and substance abuse programs, hospi-
    44  tals,  law  enforcement  and  peers.  Such   materials   shall   include
    45  appropriate  education  relating  to  de-escalation techniques, cultural
    46  competency, the recovery process,  mental  health,  substance  use,  and
    47  avoidance of aggressive confrontation.
    48    (g)  Within  the amounts appropriated, the commissioners shall arrange
    49  for appropriate training to law enforcement entities, first  responders,
    50  and  any other entities deemed appropriate by the commissioners, located
    51  within the catchment area of a crisis stabilization center. The training
    52  may include but not be limited to: (1) crisis intervention  team  train-
    53  ing;  (2)  mental  health first aid; (3) implicit bias training; and (4)
    54  naloxone training. Such training may be provided in an electronic format
    55  or other format as deemed appropriate by the commissioners. The  commis-

        S. 2507--C                         31                         A. 3007--C
 
     1  sioners  may contract with an organization with the knowledge and exper-
     2  tise in providing the training required under this subdivision.
     3  § 36.02 Referral to crisis stabilization centers.
     4    (a)  A referral to crisis stabilization centers may include but not be
     5  limited to: (1) walk-ins or  self-referrals;  (2)  family  members;  (3)
     6  schools; (4) hospitals; (5) community-based providers; (6) mobile mental
     7  health  crisis teams; (7) crisis call centers; (8) primary care doctors;
     8  (9) law enforcement; and (10) private practitioners.
     9    (b) All services provided in crisis  stabilization  centers  shall  be
    10  voluntary.  No  crisis  stabilization  center  shall  accept involuntary
    11  referrals, and no person shall be forced or coerced  to  participate  in
    12  services  or  treatment.  A  crisis stabilization center may at any time
    13  refer a person in their care to a higher level of  treatment  if  deemed
    14  appropriate.
    15    (c) For a person who is in need of emergency observation under section
    16  9.41,  9.43, 9.45, or 9.58 of this chapter, the appropriate police offi-
    17  cer, peace officer, court, community services director or mobile  crisis
    18  team  must inform the person of the crisis stabilization center services
    19  where available. A crisis stabilization center may conduct an assessment
    20  prior to accepting a referral. A crisis stabilization center may make  a
    21  referral to a hospital or comprehensive psychiatric emergency program if
    22  an  assessment determines that they are unable to meet the service needs
    23  of a person.
    24    § 4. Section 9.41 of the mental hygiene law, as amended by chapter 723
    25  of the laws of 1989, is amended to read as follows:
    26  § 9.41 Emergency  [admissions]  assessment  for  immediate  observation,
    27           care,  and  treatment;  powers  of  certain  peace officers and
    28           police officers.
    29    (a) Any peace officer, when acting pursuant  to  his  or  her  special
    30  duties,  or  police officer who is a member of the state police or of an
    31  authorized police department or force or of a sheriff's  department  may
    32  take  into  custody  any  person  who  appears to be mentally ill and is
    33  conducting himself or herself in a manner which is likely to  result  in
    34  serious  harm  to  the  person  or  others.  Such officer may direct the
    35  removal of such person or remove him or her to any hospital specified in
    36  subdivision (a) of section 9.39 of this article,  or  any  comprehensive
    37  psychiatric  emergency  program  specified in subdivision (a) of section
    38  9.40 of this article, or[,] pending his or her examination or  admission
    39  to  any  such hospital or program, temporarily detain any such person in
    40  another safe and comfortable place, in which event, such  officer  shall
    41  immediately  notify  the  director of community services or, if there be
    42  none, the health officer of the city or county of such action.
    43    (b) A person otherwise determined to meet the criteria for an emergen-
    44  cy assessment pursuant to this  section  may  voluntarily  agree  to  be
    45  transported to a crisis stabilization center under section 36.01 of this
    46  chapter  for care and treatment and, in accordance with this article, an
    47  assessment by the crisis stabilization center determines that  they  are
    48  able to meet the service needs of the person.
    49    § 5. Section 9.43 of the mental hygiene law, as amended by chapter 723
    50  of the laws of 1989, is amended to read as follows:
    51  § 9.43 Emergency  [admissions]  assessment  for  immediate  observation,
    52           care, and treatment; powers of courts.
    53    (a) Whenever any court of inferior or general jurisdiction is informed
    54  by verified statement that a person is apparently mentally  ill  and  is
    55  conducting  himself  or herself in a manner which in a person who is not
    56  mentally ill would be deemed disorderly conduct or which  is  likely  to

        S. 2507--C                         32                         A. 3007--C
 
     1  result  in  serious harm to himself or herself, such court shall issue a
     2  warrant directing that such person be brought before it. If,  when  said
     3  person  is  brought  before  the  court, it appears to the court, on the
     4  basis  of  evidence  presented to it, that such person has or may have a
     5  mental illness which is likely to result in serious harm to  himself  or
     6  herself  or others, the court shall issue a civil order directing his or
     7  her removal to any hospital specified in subdivision (a) of section 9.39
     8  of this article or any comprehensive psychiatric emergency program spec-
     9  ified in subdivision (a) of section 9.40 of  this  article,  or  to  any
    10  crisis  stabilization  center specified in section 36.01 of this chapter
    11  when the court deems such center is appropriate and  where  such  person
    12  voluntarily  agrees; that is willing to receive such person for a deter-
    13  mination by the director of such hospital [or], program or center wheth-
    14  er such person should be [retained] received therein  pursuant  to  such
    15  section.
    16    (b)  Whenever  a person before a court in a criminal action appears to
    17  have a mental illness which is likely  to  result  in  serious  harm  to
    18  himself  or  herself  or others and the court determines either that the
    19  crime has not been committed or that there is not  sufficient  cause  to
    20  believe  that such person is guilty thereof, the court may issue a civil
    21  order as above provided, and in such cases  the  criminal  action  shall
    22  terminate.
    23    § 6. Section 9.45 of the mental hygiene law, as amended by chapter 723
    24  of  the laws of 1989 and the opening paragraph as amended by chapter 192
    25  of the laws of 2005, is amended to read as follows:
    26  § 9.45 Emergency  [admissions]  assessment  for  immediate  observation,
    27           care, and treatment; powers of directors of community services.
    28    (a)  The  director  of  community  services or the director's designee
    29  shall have the power to direct the removal of any person, within his  or
    30  her jurisdiction, to a hospital approved by the commissioner pursuant to
    31  subdivision  (a)  of section 9.39 of this article, or to a comprehensive
    32  psychiatric emergency program pursuant to  subdivision  (a)  of  section
    33  9.40  of  this article, if the parent, adult sibling, spouse or child of
    34  the person, the committee or legal guardian of the  person,  a  licensed
    35  psychologist,  registered  professional nurse or certified social worker
    36  currently responsible for providing treatment services to the person,  a
    37  supportive or intensive case manager currently assigned to the person by
    38  a  case  management  program  which program is approved by the office of
    39  mental health for  the  purpose  of  reporting  under  this  section,  a
    40  licensed  physician,  health  officer,  peace  officer or police officer
    41  reports to him or her that such person has a mental  illness  for  which
    42  immediate care and treatment [in a hospital] is appropriate and which is
    43  likely  to  result  in  serious harm to himself or herself or others. It
    44  shall be the duty of peace  officers,  when  acting  pursuant  to  their
    45  special  duties,  or  police  officers, who are members of an authorized
    46  police department or force or of a sheriff's department to assist repre-
    47  sentatives of such director to take into custody and transport any  such
    48  person.  Upon  the  request  of  a director of community services or the
    49  director's designee an ambulance service, as defined in subdivision  two
    50  of section three thousand one of the public health law, is authorized to
    51  transport  any such person. Such person may then be retained in a hospi-
    52  tal pursuant to the provisions of section 9.39 of this article or  in  a
    53  comprehensive  psychiatric  emergency program pursuant to the provisions
    54  of section 9.40 of this article.
    55    (b) A person otherwise determined to meet the criteria for an emergen-
    56  cy assessment pursuant to this  section  may  voluntarily  agree  to  be

        S. 2507--C                         33                         A. 3007--C
 
     1  transported to a crisis stabilization center under section 36.01 of this
     2  chapter  for care and treatment and, in accordance with this article, an
     3  assessment by the crisis stabilization center determines that  they  are
     4  able to meet the service needs of the person.
     5    §  7.    Subdivision (a) of section 9.58 of the mental hygiene law, as
     6  added by chapter 678 of the laws of 1994, is amended to read as follows:
     7    (a) A physician or qualified  mental  health  professional  who  is  a
     8  member  of  an approved mobile crisis outreach team shall have the power
     9  to remove, or pursuant to subdivision (b) of this section, to direct the
    10  removal of any person who appears to be mentally ill and  is  conducting
    11  themselves  in  a  manner  which  is likely to result in serious harm to
    12  themselves or others, to a hospital approved by the commissioner  pursu-
    13  ant  to subdivision (a) of section 9.39 or section 31.27 of this chapter
    14  [for the purpose of evaluation for admission if such person  appears  to
    15  be  mentally  ill and is conducting himself or herself in a manner which
    16  is likely to result in serious harm to the person or  others]  or  where
    17  the  team physician or qualified mental health professional deems appro-
    18  priate and where the person voluntarily agrees, to a  crisis  stabiliza-
    19  tion center specified in section 36.01 of this chapter.
    20    §  8.  Subdivision  2  of  section 365-a of the social services law is
    21  amended by adding a new paragraph (gg) to read as follows:
    22    (gg) addiction and mental health services  and  supports  provided  by
    23  facilities licensed pursuant to article thirty-six of the mental hygiene
    24  law.
    25    §  9.  Paragraph  5  of subdivision (a) of section 22.09 of the mental
    26  hygiene law, as amended by section 1 of part D of chapter 69 of the laws
    27  of 2016, is amended to read as follows:
    28    5. "Treatment facility" means a facility designated by the commission-
    29  er which may only include a general hospital as defined in article twen-
    30  ty-eight of the public health law, or a medically managed  or  medically
    31  supervised withdrawal, inpatient rehabilitation, or residential stabili-
    32  zation  treatment program that has been certified by the commissioner to
    33  have appropriate medical staff available on-site at all times to provide
    34  emergency services and continued evaluation of capacity  of  individuals
    35  retained  under  this  section or a crisis stabilization center licensed
    36  pursuant to article 36.01 of this chapter.
    37    § 10.  Subparagraph (B) of paragraph 31 of subsection (i)  of  section
    38  3216  of the insurance law, as amended by section 6 of subpart A of part
    39  BB of chapter 57 of the laws of 2019, is amended to read as follows:
    40    (B) Coverage under this paragraph may be limited to facilities in [New
    41  York] this state that are licensed, certified or otherwise authorized by
    42  the office  of  [alcoholism  and  substance  abuse  services]  addiction
    43  services  and  supports  to  provide  outpatient  substance use disorder
    44  services and crisis stabilization centers licensed pursuant  to  section
    45  36.01  of  the  mental hygiene law, and, in other states, to those which
    46  are accredited by the joint commission as alcoholism or chemical depend-
    47  ence substance abuse treatment  programs  and  are  similarly  licensed,
    48  certified, or otherwise authorized in the state in which the facility is
    49  located.
    50    §  11. Paragraph 31 of subsection (i) of section 3216 of the insurance
    51  law is amended by adding a new subparagraph (I) to read as follows:
    52    (I) This subparagraph shall apply to crisis stabilization  centers  in
    53  this  state  that  are  licensed pursuant to section 36.01 of the mental
    54  hygiene law and participate in the insurer's provider network.  Benefits
    55  for care in a crisis stabilization center shall not be subject to preau-
    56  thorization.  All  treatment  provided  under  this  subparagraph may be

        S. 2507--C                         34                         A. 3007--C
 
     1  reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
     2  insured  shall not have any financial obligation to the facility for any
     3  treatment under this subparagraph other than any copayment, coinsurance,
     4  or deductible otherwise required under the policy.
     5    §  12.  Item (i) of subparagraph (A) of paragraph 35 of subsection (i)
     6  of section 3216 of the insurance law, as added by section 8 of subpart A
     7  of part BB of chapter 57 of the laws of 2019,  is  amended  to  read  as
     8  follows:
     9    (i)  where  the  policy provides coverage for inpatient hospital care,
    10  benefits for inpatient care in a hospital as defined by subdivision  ten
    11  of  section  1.03  of the mental hygiene law and benefits for outpatient
    12  care provided in a facility  issued  an  operating  certificate  by  the
    13  commissioner  of  mental  health  pursuant  to the provisions of article
    14  thirty-one of the mental hygiene law, or in a facility operated  by  the
    15  office  of  mental  health, or in a crisis stabilization center licensed
    16  pursuant to section 36.01 of  the  mental  hygiene  law,  or,  for  care
    17  provided  in  other states, to similarly licensed or certified hospitals
    18  or facilities; and
    19    § 13.  Paragraph 35 of subsection (i) of section 3216 of the insurance
    20  law is amended by adding a new subparagraph (H) to read as follows:
    21    (H) This subparagraph shall apply to crisis stabilization  centers  in
    22  this  state  that  are  licensed pursuant to section 36.01 of the mental
    23  hygiene law and participate in the insurer's provider network.  Benefits
    24  for care in a crisis stabilization center shall not be subject to preau-
    25  thorization.   All treatment provided under  this  subparagraph  may  be
    26  reviewed  retrospectively.    Where  care  is denied retrospectively, an
    27  insured shall not have any financial obligation to the facility for  any
    28  treatment under this subparagraph other than any copayment, coinsurance,
    29  or deductible otherwise required under the policy.
    30    §  14.   Item (i) of subparagraph (A) of paragraph 5 of subsection (l)
    31  of section 3221 of the insurance  law,  as  amended  by  section  13  of
    32  subpart  A  of  part BB of chapter 57 of the laws of 2019, is amended as
    33  follows:
    34    (i) where the policy provides coverage for  inpatient  hospital  care,
    35  benefits  for inpatient care in a hospital as defined by subdivision ten
    36  of section 1.03 of the mental hygiene law and  benefits  for  outpatient
    37  care  provided  in  a  facility  issued  an operating certificate by the
    38  commissioner of mental health pursuant  to  the  provisions  of  article
    39  thirty-one  of  the mental hygiene law, or in a facility operated by the
    40  office of mental health or in a  crisis  stabilization  center  licensed
    41  pursuant  to  section  36.01  of  the  mental  hygiene  law or, for care
    42  provided in other states, to similarly licensed or  certified  hospitals
    43  or facilities; and
    44    §  15.  Paragraph 5 of subsection (l) of section 3221 of the insurance
    45  law is amended by adding a new subparagraph (H) to read as follows:
    46    (H) This subparagraph shall apply to crisis stabilization  centers  in
    47  this  state  that  are  licensed pursuant to section 36.01 of the mental
    48  hygiene law and participate in the insurer's provider network.  Benefits
    49  for care in a crisis stabilization center shall not be subject to preau-
    50  thorization.  All  treatment  provided  under  this  subparagraph may be
    51  reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
    52  insured  shall not have any financial obligation to the facility for any
    53  treatment under this subparagraph other than any copayment, coinsurance,
    54  or deductible otherwise required under the policy.

        S. 2507--C                         35                         A. 3007--C
 
     1    § 16.  Subparagraph (B) of paragraph 7 of subsection  (l)  of  section
     2  3221 of the insurance law, as amended by section 16 of subpart A of part
     3  BB of chapter 57 of the laws of 2019, is amended to read as follows:
     4    (B) Coverage under this paragraph may be limited to facilities in [New
     5  York] this state that are licensed, certified or otherwise authorized by
     6  the  office  of  [alcoholism  and  substance  abuse  services] addiction
     7  services and supports  to  provide  outpatient  substance  use  disorder
     8  services  and  crisis stabilization centers licensed pursuant to section
     9  36.01 of the mental hygiene law, and, in other states,  to  those  which
    10  are accredited by the joint commission as alcoholism or chemical depend-
    11  ence  treatment  programs and similarly licensed, certified or otherwise
    12  authorized in the state in which the facility is located.
    13    § 17.  Paragraph 7 of subsection (l) of section 3221 of the  insurance
    14  law is amended by adding a new subparagraph (I) to read as follows:
    15    (I)  This  subparagraph shall apply to crisis stabilization centers in
    16  this state that are licensed  pursuant to section 36.01  of  the  mental
    17  hygiene  law and participate in the insurer's provider network. Benefits
    18  for care in a crisis stabilization center shall not be subject to preau-
    19  thorization. All treatment  provided  under  this  subparagraph  may  be
    20  reviewed  retrospectively.  Where  care  is  denied  retrospectively, an
    21  insured shall not have any financial obligation to the facility for  any
    22  treatment under this subparagraph other than any copayment, coinsurance,
    23  or deductible otherwise required under the policy.
    24    §  18.  Paragraph 1 of subsection (g) of section 4303 of the insurance
    25  law, as amended by section 22 of subpart A of part BB of chapter  57  of
    26  the laws of 2019, is amended to read as follows:
    27    (1)  where the contract provides coverage for inpatient hospital care,
    28  benefits for in-patient care in a hospital as defined by subdivision ten
    29  of section 1.03 of the mental hygiene law or for inpatient care provided
    30  in other states, to similarly licensed hospitals, and benefits for  out-
    31  patient  care  provided in a facility issued an operating certificate by
    32  the commissioner of mental health pursuant to the provisions of  article
    33  thirty-one  of  the  mental hygiene law or in a facility operated by the
    34  office of mental health or in a  crisis  stabilization  center  licensed
    35  pursuant  to  section 36.01 of the mental hygiene law or for out-patient
    36  care provided in other states, to similarly certified facilities; and
    37    § 19. Subsection (g) of section 4303 of the insurance law  is  amended
    38  by adding a new paragraph 9 to read as follows:
    39    (9) This paragraph shall apply to crisis stabilization centers in this
    40  state  that are licensed pursuant to section 36.01 of the mental hygiene
    41  law and participate in the corporation's provider network. Benefits  for
    42  care in a crisis stabilization center shall not be subject to preauthor-
    43  ization.  All  treatment  provided  under this paragraph may be reviewed
    44  retrospectively. Where care is denied retrospectively, an insured  shall
    45  not  have  any  financial  obligation  to the facility for any treatment
    46  under this paragraph other than any copayment, coinsurance,  or  deduct-
    47  ible otherwise required under the contract.
    48    §  20.  Paragraph 2 of subsection (l) of section 4303 of the insurance
    49  law, as amended by section 27 of subpart A of part BB of chapter  57  of
    50  the laws of 2019, is amended to read as follows:
    51    (2)  Coverage  under  this  subsection may be limited to facilities in
    52  [New York] this state that are licensed, certified or otherwise  author-
    53  ized  by  the  office  of  [alcoholism  and  substance  abuse  services]
    54  addiction services and supports  to  provide  outpatient  substance  use
    55  disorder  services and crisis stabilization centers licensed pursuant to
    56  section 36.01 of the mental hygiene law, and, in other states, to  those

        S. 2507--C                         36                         A. 3007--C
 
     1  which  are  accredited by the joint commission as alcoholism or chemical
     2  dependence  substance  abuse  treatment  programs  and   are   similarly
     3  licensed,  certified  or  otherwise authorized in the state in which the
     4  facility is located.
     5    §  21.  Subsection (l) of section 4303 of the insurance law is amended
     6  by adding a new paragraph 9 to read as follows:
     7    (9) This paragraph shall apply to crisis stabilization centers in this
     8  state that are licensed pursuant to section 36.01 of the mental  hygiene
     9  law  and participate in the corporation's provider network. Benefits for
    10  care in a crisis stabilization center shall not be subject to preauthor-
    11  ization. All treatment provided under this  paragraph  may  be  reviewed
    12  retrospectively.  Where care is denied retrospectively, an insured shall
    13  not have any financial obligation to  the  facility  for  any  treatment
    14  under  this  paragraph other than any copayment, coinsurance, or deduct-
    15  ible otherwise required under the contract.
    16    § 22. The commissioner of health, in consultation with the  office  of
    17  mental  health  and the office of addiction services and supports, shall
    18  seek Medicaid federal financial participation from the  federal  centers
    19  for Medicare and Medicaid services for the federal share of payments for
    20  the services authorized pursuant to this part.
    21    §  23.  This act shall take effect October 1, 2021; provided, however,
    22  that the amendments to sections  9.41,  9.43  and  9.45  of  the  mental
    23  hygiene  law  made  by sections four, five and six of this act shall not
    24  affect the expiration of such sections and shall expire  therewith;  and
    25  provided, further, however, that sections ten, eleven, twelve, thirteen,
    26  fourteen,  fifteen,  sixteen, seventeen, eighteen, nineteen, twenty, and
    27  twenty-one of this act shall apply to  policies  and  contracts  issued,
    28  renewed,  modified,  altered  or  amended  on  or after January 1, 2022.
    29  Effective immediately, the addition, amendment and/or repeal of any rule
    30  or regulation necessary for the implementation of this act on its effec-
    31  tive date are authorized to be made and  completed  on  or  before  such
    32  effective date.
 
    33                                   PART BB
 
    34                            Intentionally Omitted
 
    35                                   PART CC
 
    36                            Intentionally Omitted
 
    37                                   PART DD
 
    38                            Intentionally Omitted
 
    39                                   PART EE
 
    40                            Intentionally Omitted
 
    41                                   PART FF
 
    42                            Intentionally Omitted
 
    43                                   PART GG

        S. 2507--C                         37                         A. 3007--C
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2828 to read as follows:
     3    §  2828.  Residential  health care facilities; minimum direct resident
     4  care spending. 1. (a) Notwithstanding  any  law  to  the  contrary,  the
     5  department  shall  promulgate  regulations  governing the disposition of
     6  revenue in excess of expenses for  residential  health  care  facilities
     7  consistent  with this section. Beginning on and after January first, two
     8  thousand twenty-two, every residential health care facility shall  spend
     9  a  minimum  of  seventy  percent of revenue on direct resident care, and
    10  forty percent of revenue shall be  spent  on  resident-facing  staffing,
    11  provided  that  amounts  spent  on  resident-facing  staffing  shall  be
    12  included as a part of amounts spent on direct resident care.
    13    (b) Fifteen percent of costs associated with resident-facing  staffing
    14  contracted out by a facility for services provided by registered profes-
    15  sional  nurses or licensed practical nurses licensed pursuant to article
    16  one hundred thirty-nine of the education law or  certified  nurse  aides
    17  who have completed certification and training approved by the department
    18  shall  be deducted from the calculation of the amount spent on resident-
    19  facing staffing and direct resident care.
    20    (c) Such regulations shall further include at a minimum that any resi-
    21  dential health care facility for which total operating  revenue  exceeds
    22  total  operating and non-operating expenses by more than five percent of
    23  total operating and non-operating expenses or that fails  to  spend  the
    24  minimum  amount  necessary to comply with the minimum spending standards
    25  for resident-facing staffing or direct resident care, calculated  on  an
    26  annual basis, shall remit such excess revenue, or the difference between
    27  the  minimum  spending  requirement and the actual amount of spending on
    28  resident-facing staffing or direct care staffing, as the case may be, to
    29  the state, with such excess revenue which shall be payable, in a  manner
    30  to  be  determined  by  such  regulations, by November first in the year
    31  following the year in which the expenses are  incurred.  The  department
    32  shall  collect  such  payments by methods including, but not limited to,
    33  bringing suit in a court of competent jurisdiction  on  its  own  behalf
    34  after  giving notice of such suit to the attorney general, deductions or
    35  offsets from payments made pursuant to the Medicaid program,  and  shall
    36  deposit  such  recouped funds into the nursing home quality pool, as set
    37  forth in paragraph d of subdivision two-c of section two thousand  eight
    38  hundred  eight  of  this article. Provided further that such payments of
    39  excess revenue shall be in addition to and shall not affect  a  residen-
    40  tial  health  care  facility's  obligations  to  make any other payments
    41  required by state or federal law into the  nursing  home  quality  pool,
    42  including  but not limited to medicaid rate reductions required pursuant
    43  to paragraph g of  subdivision  two-c  of  section  two  thousand  eight
    44  hundred  eight  of  this  article and department regulations promulgated
    45  pursuant thereto. The commissioner or their designees shall have author-
    46  ity to audit the residential health care facilities' reports for compli-
    47  ance in accordance with this section.
    48    2. For the purposes of this section the following terms shall have the
    49  following meanings:
    50    (a) "Revenue" shall mean the total operating revenue from or on behalf
    51  of residents of the residential health care facility, government payers,
    52  or third-party payers, to pay for a resident's occupancy of the residen-
    53  tial health care facility, resident care, and the operation of the resi-
    54  dential health care facility as reported in the residential health  care
    55  facility  cost  reports  submitted to the department; provided, however,

        S. 2507--C                         38                         A. 3007--C
 
     1  that revenue shall exclude the average increase in the  capital  portion
     2  of the Medicaid reimbursement rate from the prior three years.
     3    (b) "Expenses" shall include all operating and non-operating expenses,
     4  before  extraordinary gains, reported in cost reports submitted pursuant
     5  to section twenty-eight  hundred  five-e  of  this  article,  except  as
     6  expressly  excluded  by regulations and/or this section. Such exclusions
     7  shall include, but not be limited to, any related party  transaction  or
     8  compensation to the extent that the value of such transaction is greater
     9  than  fair  market  value, and the payment of compensation for employees
    10  who are not actively engaged in or providing services at the facility.
    11    (c) "Direct resident care" includes the following cost centers in  the
    12  residential  health  care  facility  cost report: (i) Nonrevenue Support
    13  Services - Plant Operation &  Maintenance,  Laundry  and  Linen,  House-
    14  keeping,   Patient  Food  Service,  Nursing  Administration,  Activities
    15  Program, Nonphysician Education, Medical Education,  Medical  Director's
    16  Office, Housing, Social Service, Transportation; (ii) Ancillary Services
    17  - Laboratory Services, Electrocardiology, Electroencephalogy, Radiology,
    18  Inhalation  Therapy,  Podiatry,  Dental,  Psychiatric, Physical Therapy,
    19  Occupational Therapy, Speech/Hearing Therapy, Pharmacy, Central Services
    20  Supply, Medical Staff Services provided by licensed or certified profes-
    21  sionals including and without  limitation  Registered  Nurses,  Licensed
    22  Practical  Nurses,  and  Certified  Nursing Assistant; and (iii) Program
    23  Services - Residential Health Care Facility, Pediatric, Traumatic  Brain
    24  Injury  (TBI), Autoimmune Deficiency Syndrome (AIDS), Long Term Ventila-
    25  tor, Respite, Behavioral  Intervention,  Neurodegenerative,  Adult  Care
    26  Facility,  Intermediate  Care Facilities, Independent Living, Outpatient
    27  Clinics, Adult Day Health Care,  Home  Health  Care,  Meals  on  Wheels,
    28  Barber  &  Beauty Shop, and Other similar program services that directly
    29  address the physical conditions of residents. Direct resident care  does
    30  not  include,  at a minimum and without limitation, administrative costs
    31  (other than nurse administration), capital costs,  debt  service,  taxes
    32  (other  than  sales  taxes or payroll taxes), capital depreciation, rent
    33  and leases, and fiscal services.
    34    (d) "Resident-facing staffing" shall include all staffing expenses  in
    35  the  ancillary and program services categories on exhibit h of the resi-
    36  dential health care reports as in  effect  on  February  fifteenth,  two
    37  thousand twenty-one.
    38    (e)  "Cost  Report"  shall  mean  the annual financial and statistical
    39  report submitted to the department pursuant  to  sections  two  thousand
    40  eight  hundred  five-e  and  two  thousand eight hundred eight-b of this
    41  article, and regulations promulgated pursuant  thereto,  which  includes
    42  the  residential  health  care  facility's  revenues,  expenses, assets,
    43  liabilities and statistical information.
    44    3. For the purposes of this section, residential health  care  facili-
    45  ties shall not include (a) facilities that are authorized by the depart-
    46  ment  to  primarily  care  for  medically  fragile children, people with
    47  HIV/AIDS, persons requiring behavioral intervention,  persons  requiring
    48  neurodegenerative  services,  and other specialized populations that the
    49  commissioner deems appropriate  to  exclude;  and  (b)  continuing  care
    50  retirement  communities  licensed pursuant to article forty-six or forty
    51  six-a of this chapter.
    52    4. The commissioner may waive the requirements of this  section  on  a
    53  case-by-case  basis  with respect to a nursing home that demonstrates to
    54  the commissioner's satisfaction that it experienced unexpected or excep-
    55  tional circumstances that prevented  compliance.  The  commissioner  may
    56  also  exclude  from  revenues  and  expenses,  on  a case-by-case basis,

        S. 2507--C                         39                         A. 3007--C
 
     1  extraordinary revenues and capital expenses, incurred due to  a  natural
     2  disaster  or  other circumstances set forth by the commissioner in regu-
     3  lation. At least thirty days before any action by the commissioner under
     4  this subdivision, the commissioner shall transmit the proposed action to
     5  the  state  office of the long-term care ombudsman and the chairs of the
     6  senate and assembly health committees, and post it on  the  department's
     7  website.
     8    5.  The  commissioner  shall issue regulations, seek amendments to the
     9  state plan for medical assistance, seek waivers from the federal Centers
    10  for Medicare and Medicaid Services,  and  take  such  other  actions  as
    11  reasonably necessary to implement this section.
    12    6.  The  commissioner  shall,  if  necessary,  update  reporting forms
    13  completed by residential health care facilities  under  section  twenty-
    14  eight  hundred  five-e  of this article to include information to ensure
    15  all items referred to in this  section  and  organize  such  information
    16  consistent with the terms of this section.
    17    § 2. Severability. If any provision of this act, or any application of
    18  any  provision of this act, is held to be invalid, that shall not affect
    19  the validity or effectiveness of any other provision of this act or  any
    20  other application of any provision of this act.
    21    § 3. This act shall take effect immediately.
 
    22                                   PART HH
 
    23    Section 1. Subdivision 3 of section 450 of the executive law, as added
    24  by chapter 588 of the laws of 1981, is amended to read as follows:
    25    3.  (a)  The  [membership  of  the developmental disabilities planning
    26  council shall at all times  include  representatives  of  the  principal
    27  state  agencies, higher education training facilities,] following people
    28  shall serve as ex officio members of the council:
    29    (i) the head of any state agency that administers funds provided under
    30  federal laws related to individuals with disabilities, or such  person's
    31  designee;
    32    (ii) the head of any university center for excellence in developmental
    33  disabilities, or such person's designee; and
    34    (iii)  the head of the state's protection and advocacy system, or such
    35  person's designee.
    36    (b) The membership of the developmental disabilities planning  council
    37  shall  also  include  local  agencies, and non-governmental agencies and
    38  groups concerned with services to persons with  developmental  disabili-
    39  ties in New York state[;].
    40    [(b)]  (c)  At  least  [one-half]  sixty  percent  of the [membership]
    41  members appointed by the governor shall consist of[:
    42    (i)] developmentally disabled persons or their parents or guardians or
    43  of immediate relatives or guardians of persons with [mentally impairing]
    44  developmental disabilities[,].
    45    [(ii) these] (i) These members may not be employees of a state  agency
    46  receiving  funds  or  providing services under the federal developmental
    47  disabilities  assistance  act  or  have  a  managerial,  proprietary  or
    48  controlling  interest  in  an  entity  which  receives funds or provides
    49  services under such act,
    50    [(iii) at] (ii) At least one-third of these members shall be  develop-
    51  mentally disabled,
    52    [(iv) at] (iii) At least one-third of these members shall be immediate
    53  relatives  or  guardians  of  persons with [mentally impairing] develop-
    54  mental disabilities, and

        S. 2507--C                         40                         A. 3007--C
 
     1    [(v) at] (iv) At least one member shall be an  immediate  relative  or
     2  guardian of an institutionalized developmentally disabled person[;
     3    (c) The membership may include some or all of the members of the advi-
     4  sory council on mental retardation and developmental disabilities].
     5    § 2. This act shall take effect immediately.
 
     6                                   PART II
 
     7    Section  1.   Paragraph (d-2) of subdivision 3 of section 364-j of the
     8  social services law, as amended by section 10 of part B of chapter 57 of
     9  the laws of 2018, is amended to read as follows:
    10    (d-2) Services provided  pursuant  to  waivers,  granted  pursuant  to
    11  subsection  (c)  of  section 1915 of the federal social security act, to
    12  persons suffering from traumatic brain injuries or qualifying for  nurs-
    13  ing  home  diversion  and  transition services, shall not be provided to
    14  medical assistance recipients through managed  care  programs  until  at
    15  least January first, two thousand [twenty-two] twenty-six.
    16    §  2. This act shall take effect immediately, provided that the amend-
    17  ments to section 364-j of the social services law, made by  section  one
    18  of this act, shall not affect the expiration and repeal of such section,
    19  and shall expire and be deemed repealed therewith.
 
    20                                   PART JJ
 
    21    Section  1.  Subdivision 3 of section 364-j of the social services law
    22  is amended by adding a new paragraph (d-3) to read as follows:
    23    (d-3) Services provided in school-based health centers  shall  not  be
    24  provided  to medical assistance recipients through managed care programs
    25  established pursuant to this section until at  least  April  first,  two
    26  thousand  twenty-three,  and  shall  continue  to be provided outside of
    27  managed care programs.
    28    § 2. This act shall take effect immediately and shall expire April  1,
    29  2023,  when  upon  such  date the provisions of this act shall be deemed
    30  repealed; provided further, the  amendments  to  section  364-j  of  the
    31  social services law made by section one of this act shall not affect the
    32  repeal of such section and shall be deemed repealed therewith.
 
    33                                   PART KK
 
    34    Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
    35  insurance law and the public health law relating to the New  York  state
    36  health  insurance  continuation  assistance  demonstration  project,  as
    37  amended by section 17 of part BB of chapter 56 of the laws of  2020,  is
    38  amended to read as follows:
    39    §  4.  This  act  shall take effect on the sixtieth day after it shall
    40  have become a law; provided, however, that  this  act  shall  remain  in
    41  effect  until  July 1, [2021] 2022 when upon such date the provisions of
    42  this act shall expire and be deemed repealed; provided, further, that  a
    43  displaced  worker shall be eligible for continuation assistance retroac-
    44  tive to July 1, 2004.
    45    § 2. This act shall take effect immediately.
 
    46                                   PART LL

        S. 2507--C                         41                         A. 3007--C
 
     1    Section 1. Subparagraph (vi) of paragraph (b) of  subdivision  4-a  of
     2  section  365-f  of  the  social services law, as amended by section 4 of
     3  part G of chapter 57 of the laws of 2019, is amended to read as follows:
     4    (vi) the commissioner is authorized to either reoffer contracts [under
     5  the  same  terms  of  this  subdivision,  if determined necessary by the
     6  commissioner]  or  utilize  the  previous  offer,  to  ensure  that  all
     7  provisions of this section are met.
     8    §  2.  Subdivision  4-a of section 365-f of the social services law is
     9  amended by adding three new paragraphs (b-1), (b-2) and (b-3) to read as
    10  follows:
    11    (b-1) Following the initial selection of contractors pursuant to  this
    12  subdivision  the  commissioner  is  instructed to survey for information
    13  relating to the additional selection criteria under this  paragraph  and
    14  paragraph  (b-2)  of this subdivision, in writing in a manner determined
    15  by the commissioner, from all applicants  that  were  qualified  by  the
    16  commissioner  as meeting minimum requirements of the procurement process
    17  described in paragraph (b) of this subdivision including those that were
    18  not awarded contracts under that process:
    19    (i) whether the applicant is formed as a charitable corporation  under
    20  article  two  of  the  not-for-profit corporation law or authorized as a
    21  foreign corporation under article thirteen of the not-for-profit  corpo-
    22  ration law;
    23    (ii)  was the applicant performing administrative services as a fiscal
    24  intermediary prior to January first, two  thousand  twelve  and  has  it
    25  continuously provided such services for eligible individuals pursuant to
    26  this section since that date;
    27    (iii)  the address the applicant listed as its primary mailing address
    28  on its most recently filed state corporate tax  return  or  its  Federal
    29  Return of Organization Exempt From Income Tax form (form 990);
    30    (iv)  whether  the applicant is currently authorized, funded, approved
    31  or certified to deliver state plan or home  and  community-based  waiver
    32  supports and services to individuals with intellectual and developmental
    33  disabilities by the office for people with developmental disabilities;
    34    (v)  whether  the  applicant has historically provided fiscal interme-
    35  diary administrative services to racial and ethnic minority residents or
    36  new Americans, as defined in section ninety-four-b of the executive law,
    37  in such consumers' primary language, as  evidenced  by  information  and
    38  materials  provided  to  consumers in the consumers' primary language or
    39  languages; and
    40    (vi) whether the applicant is verified as a  minority  or  woman-owned
    41  business  enterprise  pursuant  to section three hundred fourteen of the
    42  executive law.
    43    (b-2) The commissioner shall give applicants thirty days to respond to
    44  the survey.  The failure of any applicants to respond to the survey  and
    45  provide  the  information  sought  within  such  thirty-day period shall
    46  disqualify such applicants from consideration of any additional  awards.
    47  Following  receipt  of the survey responses from applicants, the commis-
    48  sioner shall make awards to qualified applicants that previously submit-
    49  ted applications, in addition to any awards already announced, as may be
    50  necessary to ensure the commissioner has made awards as follows:
    51    (i) the commissioner shall make awards to one or two additional appli-
    52  cants, to the extent that such  applications  were  received,  that  are
    53  located  in each county with a population of more than two hundred thou-
    54  sand but less than five hundred thousand as  evidenced  by  the  primary
    55  mailing  address  from the information surveyed under subparagraph (iii)
    56  of paragraph (b-1) of this subdivision.

        S. 2507--C                         42                         A. 3007--C

     1    (ii) the commissioner shall make  awards  to  one  or  two  additional
     2  applicants, to the extent that such applications were received, that are
     3  located  in  each  county  with a population of five hundred thousand or
     4  more as evidenced by the primary mailing address  from  the  information
     5  surveyed  under  subparagraph  (iii) of paragraph (b-1) of this subdivi-
     6  sion.
     7    (iii) to provide geographic distribution that would ensure  access  in
     8  different  regions of the state the commissioner shall make awards to at
     9  least two additional applicants, to the extent  that  such  applications
    10  were received, that are currently authorized, funded, approved or certi-
    11  fied  to  deliver state plan or home and community-based waiver supports
    12  and services to individuals with intellectual and developmental disabil-
    13  ities by the office for people with developmental disabilities and  meet
    14  the following criteria:
    15    (A)  are organized as a not-for-profit corporation pursuant to article
    16  two of the not-for-profit corporation law or  authorized  as  a  foreign
    17  corporation  under  article  thirteen  of the not-for-profit corporation
    18  law; or
    19    (B) have been performing administrative services  as  fiscal  interme-
    20  diaries  prior  to  January  first,  two  thousand  twelve and have been
    21  continuously providing such services for eligible  individuals  pursuant
    22  to this section since that date.
    23    (iv)  to  provide  geographic distribution that would ensure access in
    24  different regions of the state the commissioner shall make awards to  at
    25  least  two  additional  applicants, to the extent that such applications
    26  were received, that serve racial and ethnic  minority  residents,  reli-
    27  gious  minority  residents, or new Americans in those consumers' primary
    28  language, as evidenced by information and materials provided to  consum-
    29  ers in the consumers' primary language or languages and meet the follow-
    30  ing criteria:
    31    (A)  are  organized  as  a  not-for-profit corporation pursuant to the
    32  not-for-profit corporation law or authorized as  a  foreign  corporation
    33  under article thirteen of the not-for-profit corporation law; or
    34    (B)  have  been  performing administrative services as fiscal interme-
    35  diaries prior to January  first,  two  thousand  twelve  and  have  been
    36  continuously  providing  such services for eligible individuals pursuant
    37  to this section since that date.
    38    (v) to provide geographic distribution that  would  ensure  access  in
    39  different  regions of the state the commissioner shall make awards to at
    40  least two additional applicants, to the extent  that  such  applications
    41  were  received,  that  have  been  verified as a minority or woman-owned
    42  business enterprise pursuant to section three hundred  fourteen  of  the
    43  executive law.
    44    (vi)  Notwithstanding  the requirements of this paragraph, the commis-
    45  sioner may only make awards to the extent that applicants that meet  the
    46  prescribed  criteria, as evidenced by the results of the survey required
    47  under paragraph (b-1) of this subdivision, submitted qualifying applica-
    48  tions and the commissioner shall not be required to make awards where no
    49  applicant meets the prescribed criteria.
    50    (b-3) In awarding any new contracts pursuant  to  paragraph  (b-2)  of
    51  this subdivision, the commissioner shall not rescore the offers based on
    52  the  results of the survey required under paragraph (b-1) of this subdi-
    53  vision, but shall award such  contracts  to  the  next  highest  scoring
    54  applicant  or applicants that meet the criteria under paragraph (b-2) of
    55  this subdivision.

        S. 2507--C                         43                         A. 3007--C

     1    § 3. Paragraphs (d) and (e) of subdivision 4-d of section 365-f of the
     2  social services law are relettered paragraphs (e)  and  (f)  and  a  new
     3  paragraph (d) is added to read as follows:
     4    (d)  where  a  fiscal  intermediary is acquired by, merges with, sells
     5  assets to, or engages in a transaction of a similar nature with a fiscal
     6  intermediary that was awarded a contract pursuant to subdivision  four-a
     7  of  this section, all the provisions of this subdivision shall apply. In
     8  providing notice under subparagraph (i) of paragraph (a) of this  subdi-
     9  vision,  the  fiscal intermediary may inform the notice recipient of the
    10  applicable transaction and, if applicable, the ability of  the  consumer
    11  to  remain  with  the awarded fiscal intermediary in accordance with any
    12  guidance issued by the commissioner.
    13    § 4. This act shall take effect immediately.
 
    14                                   PART MM
 
    15    Section 1. The public health law is amended by adding  a  new  section
    16  2808-e to read as follows:
    17    §  2808-e. Residential health care for children with medical fragility
    18  in transition to young adults and young adults  with  medical  fragility
    19  demonstration  program.  1. Notwithstanding any law, rule, or regulation
    20  to the contrary, the commissioner shall, within amounts appropriated and
    21  subject to the availability of federal financial  participation,  estab-
    22  lish  a  demonstration  program  for  two eligible pediatric residential
    23  health care facilities, as defined in paragraph (d) of  subdivision  two
    24  of  this  section,  to  construct a new facility or repurpose part of an
    25  existing facility to operate as a young adult  residential  health  care
    26  facility  for  the  purpose  of  improving the quality of care for young
    27  adults with medical fragility.
    28    2. For purposes of this section:
    29    (a) "children with medical fragility" shall mean children up to  twen-
    30  ty-one  years of age who have a chronic debilitating condition or condi-
    31  tions, are at risk of hospitalization, are technology-dependent for life
    32  or health sustaining functions, require complex medication  regimens  or
    33  medical  interventions  to  maintain  or to improve their health status,
    34  and/or are in need of ongoing  assessment  or  intervention  to  prevent
    35  serious  deterioration  of  their health status or medical complications
    36  that place their life, health or development at risk.
    37    (b) "young adults with medical fragility" shall mean  individuals  who
    38  meet the definition of children with medical fragility, but for the fact
    39  such individuals are aged between eighteen and thirty-five years old.
    40    (c) "pediatric residential health care facility" shall mean a residen-
    41  tial  health care facility or discrete unit of a residential health care
    42  facility providing services to children under the age of twenty-one.
    43    (d) "eligible pediatric residential health care facilities" shall mean
    44  pediatric health care facilities that  meet  the  following  eligibility
    45  criteria  for  the demonstration program set forth in subdivision one of
    46  this section: (i) has over one  hundred  and  sixty  licensed  pediatric
    47  beds;  or (ii) is currently licensed for pediatric beds pursuant to this
    48  article, is co-operated by a system of hospitals  licensed  pursuant  to
    49  this  article,  and such hospitals qualify for funds pursuant to a vital
    50  access provider assurance program or a  value  based  payment  incentive
    51  program,  as  administered  by  the  department  in  accordance with all
    52  requirements set forth in the state's federal 1115 Medicaid waiver stan-
    53  dard terms and conditions.

        S. 2507--C                         44                         A. 3007--C

     1    3. Notwithstanding any law, rule, or regulation to the  contrary,  any
     2  child with medical fragility who has resided for at least thirty consec-
     3  utive days in an eligible pediatric residential health care facility and
     4  who  has  reached  the  age of twenty-one while a resident, may continue
     5  residing at such eligible pediatric residential health care facility and
     6  receiving  such  services  from  the  facility, provided that such young
     7  adult with medical fragility remains eligible for nursing home care, and
     8  provided further that the eligible  pediatric  residential  health  care
     9  facility has prepared, applied for, and submitted to the commissioner, a
    10  proposal for a new residential health care facility for the provision of
    11  extensive   nursing,   medical,  psychological  and  counseling  support
    12  services to young adults  with  medical  fragility  in  accordance  with
    13  subdivision  four  of this section. A young adult with medical fragility
    14  may remain in such eligible pediatric residential health  care  facility
    15  until  such time that the young adult with medical fragility attains the
    16  age of thirty-five years or the  young  adult  residential  health  care
    17  facility is constructed and becomes operational, whichever is sooner.
    18    4.  Upon receipt of a certificate of need application from an eligible
    19  pediatric residential health care facility selected by the  commissioner
    20  for the demonstration program authorized under this section, the commis-
    21  sioner is authorized to approve, with the written approval of the public
    22  health  and  health  planning  council  pursuant to section twenty-eight
    23  hundred two of this article,  the  construction  of  a  new  residential
    24  health  care facility to be constructed and operated on a parcel of land
    25  within the same county as that of eligible pediatric residential  health
    26  care facility that is proposing such new facility and over which it will
    27  have  site  control,  or  the  repurposing of a portion of a residential
    28  health care facility that is currently serving  geriatric  residents  or
    29  those  with similar needs for the provision of nursing, medical, psycho-
    30  logical and counseling support services  appropriate  to  the  needs  of
    31  nursing  home-eligible  young adults with medical fragility, referred to
    32  herein below as a young adult facility, provided  that  the  established
    33  operator  of  such  eligible  pediatric residential health care facility
    34  proposing the young adult facility is in good standing and possesses  at
    35  least  thirty  years' prior experience operating as a pediatric residen-
    36  tial health care facility in the state or more than thirty years'  expe-
    37  rience  serving  medically  fragile  pediatric  patients,  and  provided
    38  further that such facility qualifies for the demonstration  program  set
    39  forth in subdivision one of this section.
    40    5.  A young adult facility established pursuant to subdivision four of
    41  this section may admit, from the  community-at-large  or  upon  referral
    42  from  an  unrelated  facility,  young  adults with medical fragility who
    43  prior to reaching age twenty-one were children with  medical  fragility,
    44  and  who  are  eligible  for  nursing home care and in need of extensive
    45  nursing,  medical,  psychological  and  counseling   support   services,
    46  provided  that  the young adult facility, to promote continuity of care,
    47  undertakes to provide priority admission to young  adults  with  medical
    48  fragility  transitioning  from  the  pediatric  residential  health care
    49  facility or unit operated by the entity that proposed  the  young  adult
    50  facility  and  ensure  sufficient capacity to admit such young adults as
    51  they approach or attain twenty-one years of age.
    52    6. (a) For inpatient  services  provided  to  any  young  adults  with
    53  medical  fragility  eligible  for  medical  assistance pursuant to title
    54  eleven of article five of the social services law residing at any eligi-
    55  ble pediatric residential health care facility as authorized in subdivi-
    56  sion three of this section, the commissioner shall establish the operat-

        S. 2507--C                         45                         A. 3007--C
 
     1  ing component of rates of reimbursement  appropriate  for  young  adults
     2  with  medical  fragility residing at a pediatric residential health care
     3  facility, to apply to such young  adults  twenty-one  years  of  age  or
     4  older.  Such methodology shall take into account the methodology used to
     5  establish the operating component of the rates pursuant to section twen-
     6  ty eight hundred eight of this article for pediatric residential  health
     7  care  facilities  with an increase or decrease adjustment as appropriate
     8  to account for any discrete expenses associated with  caring  for  young
     9  adults with medical fragility, including addressing their distinct needs
    10  as young adults for psychological and counseling support services.
    11    (b)  For  inpatient services provided to any young adults with medical
    12  fragility eligible for medical assistance pursuant to  title  eleven  of
    13  article  five  of the social services law at any young adult facility as
    14  authorized in subdivision four of this section, the  commissioner  shall
    15  establish  the operating component of rates of reimbursement appropriate
    16  for young adults with medical fragility.  Such  methodology  shall  take
    17  into  account  the methodology used to establish the operating component
    18  of the rates pursuant to section twenty  eight  hundred  eight  of  this
    19  article  for  pediatric  residential  health  care  facilities  with  an
    20  increase or decrease  adjustment  as  appropriate  to  account  for  any
    21  discrete  expenses  associated with caring for young adults with medical
    22  fragility, including addressing their distinct needs as young adults for
    23  psychological and counseling support services.
    24    7. The commissioner shall have authority to waive any  rule  or  regu-
    25  lation  to  effectuate  the demonstration program authorized pursuant to
    26  subdivision one of this section.
    27    § 2. Within one year of the expiration of  the  demonstration  program
    28  established  pursuant  to  section  twenty-eight  hundred eight-e of the
    29  public health law, the department of health shall submit a report to the
    30  governor, the temporary president of the senate, and the speaker of  the
    31  assembly regarding the results of the demonstration program. Such report
    32  shall  include  a  recommendation  regarding the expansion of the demon-
    33  stration program and other metrics to define the need for  and  cost  of
    34  services  for  the population of young adults with medical fragility, as
    35  determined by the commissioner of health.
    36    § 3. This act shall take effect on the one hundred twentieth day after
    37  it shall have become a law; provided however, that section one  of  this
    38  act  shall  expire and be deemed repealed two years after such effective
    39  date; and provided further, that section two of this  act  shall  expire
    40  and be deemed repealed three years after such effective date.
 
    41                                   PART NN
 
    42    Section  1.  Subdivision 14 of section 366 of the social services law,
    43  as amended by section 71 of part A of chapter 56 of the laws of 2013, is
    44  amended to read as follows:
    45    14. The commissioner of health may make any  available  amendments  to
    46  the  state  plan  for  medical  assistance submitted pursuant to section
    47  three hundred sixty-three-a of this title, or, if an  amendment  is  not
    48  possible,  develop  and submit an application for any waiver or approval
    49  under the federal social security act that may be necessary to disregard
    50  or exempt an amount of income, for the purpose of assisting with housing
    51  costs, for individuals receiving coverage of nursing  facility  services
    52  under this title, other than short-term rehabilitation services, and for
    53  individuals  in receipt of medical assistance while in an adult home, as
    54  defined in subdivision twenty-five of section two of this chapter,  who:

        S. 2507--C                         46                         A. 3007--C
 
     1  are  (i)  discharged to the community; and (ii) if eligible, enrolled or
     2  required to enroll and have initiated the process of enrolling in a plan
     3  certified pursuant to section forty-four hundred three-f of  the  public
     4  health  law;  and  (iii)  do  not  meet the criteria to be considered an
     5  "institutionalized spouse" for purposes of section three hundred  sixty-
     6  six-c of this title.
     7    § 2. This act shall take effect January 1, 2022.
 
     8                                   PART OO
 
     9    Section  1.  Section  10 of part KKK of chapter 56 of the laws of 2020
    10  amending the social services law and other laws relating to managed care
    11  encounter data, authorizing electronic notifications,  and  establishing
    12  regional demonstration projects, is amended to read as follows:
    13    §  10.  Contingent  upon the availability of federal financial partic-
    14  ipation or other federal authorization from the centers of medicare  and
    15  medicaid  services, the commissioner of health, in consultation with the
    16  superintendent of the department of financial services, is authorized to
    17  implement one or more five-year  regional  demonstration  programs  that
    18  would  be  designed to improve health outcomes and reduce costs, using a
    19  value based model that pays providers an actuarially sound global,  pre-
    20  paid and fully capitated amount for individuals in the designated region
    21  who  are enrolled in the state's plan for medical assistance established
    22  pursuant to title XIX, or any successor title,  of  the  federal  social
    23  security  act; the Medicare program established pursuant to title XVIII,
    24  or any successor title, of the federal social security act;  and  insur-
    25  ers,  corporations,  and  health  care  plans authorized pursuant to the
    26  insurance law or public health law. The demonstration program may  offer
    27  funding  and  incentives  designed to improve health outcomes for attri-
    28  buted individual beneficiaries  designed  to  improve  health  outcomes,
    29  develop necessary infrastructure and systems; and connect individuals to
    30  community  based  organizations  that address the social determinants of
    31  health.  At least one regional demonstration program  shall  be  in  the
    32  western,  central,  southern  tier,  or  capital  regions  of the state.
    33  Notwithstanding any provision of law to the contrary,  the  commissioner
    34  or  the superintendent of the department of financial services may waive
    35  any regulatory requirements as are necessary  to  implement  the  demon-
    36  stration  program;  provided  however,  that  regulations  pertaining to
    37  patient safety, patient autonomy, patient privacy, patient  rights,  due
    38  process,   scope  of  practice,  professional  licensure,  environmental
    39  protections, provider reimbursement methodologies, or occupational stan-
    40  dards and employee rights may not be waived, nor shall  any  regulations
    41  be  waived  if  such waiver would risk patient safety.  Participation in
    42  such program shall be voluntary. One year after this section shall  take
    43  effect  and annually thereafter the commissioner of health shall provide
    44  a report detailing the activities and outcomes of such program,  includ-
    45  ing  any  regulatory requirements that are waived, to the speaker of the
    46  assembly and the temporary president of the senate.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART PP
 
    49    Section 1. Subdivision 8 of section 268-a of the public health law, as
    50  added by section 2 of part T of chapter 57  of  the  laws  of  2019,  is
    51  amended to read as follows:

        S. 2507--C                         47                         A. 3007--C
 
     1    8.  "Insurance  affordability  program"  means  Medicaid, child health
     2  plus, the basic health program, post-partum extended  coverage  and  any
     3  other health insurance subsidy program designated as such by the commis-
     4  sioner.
     5    § 2. The social services law is amended by adding a new section 369-hh
     6  to read as follows:
     7    §  369-hh.  Extended  post-partum insurance coverage. 1.  Definitions.
     8  For purposes of this section:
     9    (a) "Qualified individual" shall mean a  person  who  is  eligible  to
    10  enroll  in  a qualified health plan according to the definition found in
    11  subdivision nine of section two  hundred  sixty-eight-a  of  the  public
    12  health law.
    13    (b)  "Qualified  health  plan"  shall mean a health plan as defined in
    14  subdivision seven of section two hundred  sixty-eight-a  of  the  public
    15  health law.
    16    (c) "Silver level qualified health plan" means a qualified health plan
    17  that has an actuarial value in accordance with the levels established by
    18  the  marketplace  for  qualified  individuals with an income between two
    19  hundred and two hundred fifty percent of the federal poverty level.
    20    (d) "Advanced premium tax credits" means payment  of  the  tax  credit
    21  authorized  by 26 U.S.C. 36B and its implementing regulations, which are
    22  provided on an advance basis to  qualified  individuals  enrolled  in  a
    23  qualified health plan through the New York state of health, the official
    24  health  plan  marketplace  in  accordance  with  section  1412(a) of the
    25  Affordable Care Act, 42 U.S.C. § 18082(c)(2).
    26    (e) "Health care services" means the services and supplies as  defined
    27  by the commissioner in consultation with the superintendent of financial
    28  services,  and  shall  be  consistent  with and subject to the essential
    29  health benefits as defined by the commissioner in  accordance  with  the
    30  provisions  of  the  patient  protection  and  affordable care act (P.L.
    31  111-148) and consistent with the benefits provided by the reference plan
    32  selected by the commissioner for purposes of defining such benefits.
    33    2. Authorization.  The commissioner of health is authorized, with  the
    34  approval  of  the director of the budget, to establish a program for the
    35  subsidization of extended post-partum insurance coverage to the individ-
    36  uals eligible under this section.
    37    3. Eligibility. (a) A person  is  eligible  to  receive  coverage  for
    38  health care services pursuant to this title if they:
    39    (i)  Are a qualified individual pursuant to subdivision ten of section
    40  two hundred sixty-eight-a of the public health law;
    41    (ii) Were eligible for medical assistance following a pregnancy pursu-
    42  ant to subparagraph one of paragraph (b) of subdivision four of  section
    43  three hundred sixty-six of this article; and
    44    (iii)  Have  income  which  exceeds  two hundred percent, but does not
    45  exceed two hundred and twenty-three percent, of the federal poverty line
    46  for the applicable family size, which shall be calculated in  accordance
    47  with guidance issued by the secretary of the United States department of
    48  health and human services.
    49    (b)  A  person  eligible under this subdivision remains eligible until
    50  the end of the twelfth month following the end of a pregnancy.
    51    4. Enrollment. (a) On the first day of the month following  disenroll-
    52  ment  from medical assistance, pursuant to subparagraph one of paragraph
    53  (b) of subdivision four of section three hundred sixty-six of this arti-
    54  cle, persons eligible under this section will be enrolled  in  a  state-
    55  subsidized silver level qualified health plan.

        S. 2507--C                         48                         A. 3007--C
 
     1    (b)  Enrollment  shall  be  subject to eligible individuals under this
     2  section applying for and enrolling with the maximum advance premium  tax
     3  credit amount available to them.
     4    5.  Premiums.  The  state shall pay an eligible individual's remaining
     5  premium obligation directly to their qualified health plan after  apply-
     6  ing  the  individual's  maximum premium assistance amount, under section
     7  1401(a) of the Patient Protection and Affordable Care Act, 26  U.S.C.  §
     8  36B(b)(2) and (3).
     9    §  3.  This act shall take effect October 1, 2021. The commissioner of
    10  health shall immediately take all steps necessary  and  shall  use  best
    11  efforts to secure federal financial participation for eligible benefici-
    12  aries  under  title  XIX of the social security act, for the purposes of
    13  this act,  including the prompt submission of appropriate amendments  to
    14  the title XIX state plan.
 
    15                                   PART QQ

    16    Section  1.   The commissioner of health shall provide a report to the
    17  temporary president of the senate, the speaker of the assembly, and  the
    18  chairs of the senate and assembly health committees by December 31, 2021
    19  detailing the statutes, rules, and regulations, as well as other limita-
    20  tions or processes, that apply to and govern the calculation and payment
    21  of prescription drug dispensing fees to retail pharmacies by the state's
    22  medical  assistance  program,  both within the Medicaid managed care and
    23  fee-for-service programs for  the  legislature  to  review,  study,  and
    24  better understand the information provided in such report.
    25    § 2. This act shall take effect immediately.
    26    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    27  sion,  section  or  part  of  this act shall be adjudged by any court of
    28  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    29  impair,  or  invalidate  the remainder thereof, but shall be confined in
    30  its operation to the clause, sentence, paragraph,  subdivision,  section
    31  or part thereof directly involved in the controversy in which such judg-
    32  ment shall have been rendered. It is hereby declared to be the intent of
    33  the  legislature  that  this  act  would  have been enacted even if such
    34  invalid provisions had not been included herein.
    35    § 3. This act shall take effect immediately  provided,  however,  that
    36  the applicable effective date of Parts A through QQ of this act shall be
    37  as specifically set forth in the last section of such Parts.
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