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A03007 Summary:

BILL NOA03007B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; extends provisions of law relating to requiring the director of the budget, in consultation with the commissioner of health, to assess on a quarterly basis known and projected department of health state funds Medicaid expenditures by category of service and by geographic regions (Part A); relates to the effectiveness of certain provisions relating to contracts between plans, insurers, or corporations and hospitals; relates to the effectiveness of certain provisions relating to the amount of income to be applied toward the cost of medical care, services and supplies of institutionalized spouses; relates to the effectiveness of certain provisions expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; relates to the age of eligibility for home and community-based services waivers; relates to the effectiveness of certain provisions relating to body imaging scanning equipment; relates to the effectiveness of certain provisions relating to professional misconduct proceedings; relates to the effectiveness of certain provisions relating to regulating activities of physicians; extends the demonstration period in certain physician committees; relates to the effectiveness of certain provisions relating to the operation of department of health facilities; relates to reimbursement rate promulgation for residential health care facilities; relates to certified home health agency services payments; relates to the effectiveness of certain provisions relating to limiting the method of payment for prescription drugs under the medical assistance program; relates to the effectiveness of certain provisions continuing nursing home upper payment limit payments; relates to the effectiveness of certain provisions encouraging comprehensive health services; relates to the effectiveness of certain provisions relating to increasing information available to patients; makes certain provisions relating to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties permanent; extends the expiration of certain provisions relating to reimbursement to participating provider pharmacies and prescription drug coverage; relates to the effectiveness of certain provisions relating to rates for residential health care facilities; extends the effectiveness of certain provisions relating to medical reimbursement and welfare reform; relates to the effectiveness of certain provisions relating to negotiation of supplemental rebates relating to medication assisted treatment; relates to the effectiveness of certain provisions relating to supplemental rebates; relates to the effectiveness of certain provisions relating to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses; extends the effectiveness of certain provisions relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs; extends the effectiveness of certain provisions relating to authorizing bad debt and charity care allowances for certified home health agencies; relates to the effectiveness of certain provisions relating to medical reimbursement and welfare reform; extends government rates for behavioral services; adds an alternative payment methodology requirement; relates to residential health care facility assessments; repeals certain provisions relating to authorizing certain advanced home health aides to perform certain advanced tasks; extends the effectiveness of certain provisions expanding medical assistance eligibility and the scope of services available to certain persons with disabilities; extends the effectiveness of certain provisions relating to electronic prescriptions (Part B); extends certain provisions relating to the New York Health Care Reform Act of 1996; extends certain provisions relating to the New York Health Care Reform Act of 2000; extends certain provisions relating to the distribution of pool allocations and graduate medical education; extends health care initiative pool distributions; extends payment provisions for general hospitals; extends the assessments on covered lives (Part C); extends provisions of law relating to the general indigent care pool; relates to temporary adjustment to reimbursement rates (Part E); extends certain provisions relating to coverage of physicians and other medical professionals for malpractice liability (Part F); enacts the "1332 state innovation program"; authorizes the commissioner of health to establish a 1332 state innovation program under section 1332 of the patient protection and affordable care act; defines terms; provides for enrollment; authorizes premiums and rates of payments; establishes the 1332 state innovation program fund (Part H); extends provisions relating to certain managed long-term care plans; provides an increase to certain fee-for-service Medicaid rates (Part I); authorizes Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); expands the Medicaid Buy-In program for people with disabilities (Part N); establishes a statewide health care facility transformation program for the purpose of transforming, redesigning, and strengthening quality health care services in alignment with statewide and regional health care needs, and in the ongoing pandemic response (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors, licensed creative arts therapists, and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); expands Medicaid coverage of preventative health care services to certain care provided by nutritionists and dietitians and chronic disease self-management programs (Part R); relates to advice to be provided to the commissioner of health by the state and regional emergency medical services councils; and to recruitment and retention of personnel into the emergency medical system fields (Part S); extends the effectiveness of certain provisions relating to authorizing certain advanced home health aides to perform certain advanced tasks (Part W); provides for the registration of temporary health care services agencies with the department of health (Part X); provides for affidavits for medical debt actions (Subpart A); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); guarantees fund coverage for insurers writing health insurance (Subpart D) (Part Y); requires hepatitis C screening of certain persons and third trimester syphilis testing (Part AA); establishes a cost of living adjustment for designated human services programs (Part DD); extends certain provisions of the health and mental hygiene budget for the 2013-2014 state fiscal year relating to public health and social services (Part EE); provides for certification of community behavioral health clinics; creates a certified community behavioral health clinics indigent care program (Part HH); establishes a task force to study aging in place in mental health housing (Part KK); relates to coverage for services provided by school-based health centers for medical assistance recipients and extends provisions relating to managed care programs (Part LL); relates to the eligibility for health homes (Part MM); repeals provisions relating to prescription drugs under the Medicaid program (Part NN); expands healthcare services provided by telehealth (Part OO).
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A03007 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3007--B
 
                   IN ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
          the Constitution -- read once and referred to the  Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

        AN ACT to amend part H of chapter 59 of the laws of 2011,  amending  the
          public  health  law  and  other  laws  relating  to  general  hospital
          reimbursement for annual rates, in relation  to  known  and  projected
          department  of  health  state  fund medicaid expenditures (Part A); to
          amend chapter 451 of the laws of 2007, amending the public health law,
          the social services law and the insurance law  relating  to  providing
          enhanced  consumer and provider protections, in relation to the effec-
          tiveness of certain provisions relating to  contracts  between  plans,
          insurers, or corporations and hospitals; to amend part C of chapter 58
          of  the  laws of 2007, amending the social services law and other laws
          relating to adjustments of rates, in relation to the effectiveness  of
          certain  provisions  relating  to  the  amount of income to be applied
          toward the cost of medical care, services and supplies of institution-
          alized spouses; to amend chapter 906 of the laws of 1984, amending the
          social services law relating to expanding medical assistance eligibil-
          ity and the scope of services available to certain persons with  disa-
          bilities,  in  relation  to  the  effectiveness  thereof; to amend the
          social services law, in relation to the age of  eligibility  for  home
          and community-based services waivers; to amend chapter 313 of the laws
          of 2018, amending the public health law relating to body imaging scan-
          ning  equipment,  in  relation  to the effectiveness thereof; to amend
          chapter 426 of the laws of 1983, amending the public health law relat-
          ing to professional misconduct proceedings, in relation to the  effec-
          tiveness  of  certain  provisions thereof; to amend chapter 582 of the
          laws of 1984, amending the public health law  relating  to  regulating
          activities  of physicians, in relation to the effectiveness of certain
          provisions thereof; to amend the public health  law,  in  relation  to
          extending the demonstration period in certain physician committees; to
          amend  chapter 505 of the laws of 1995, amending the public health law
          relating to the operation  of  department  of  health  facilities,  in
          relation to the effectiveness thereof; to amend the public health law,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12571-03-3

        A. 3007--B                          2
 
          in  relation to reimbursement rate promulgation for residential health
          care facilities; to amend the public health law, in relation to certi-
          fied home health agency services payments; to amend chapter 19 of  the
          laws  of  1998,  amending the social services law relating to limiting
          the method of payment for prescription drugs under the medical assist-
          ance program, in relation to the effectiveness thereof; to  amend  the
          public  health  law,  in  relation  to  continuing  nursing home upper
          payment limit payments; to amend chapter 904  of  the  laws  of  1984,
          amending the public health law and the social services law relating to
          encouraging  comprehensive  health services, in relation to the effec-
          tiveness thereof; to amend part X2 of chapter 62 of the laws of  2003,
          amending  the  public  health  law relating to allowing for the use of
          funds of the office of professional medical conduct for activities  of
          the patient health information and quality improvement act of 2000, in
          relation  to  the  effectiveness  of  certain  provisions  relating to
          increasing information available to patients; to amend part H of chap-
          ter 59 of the laws of 2011, amending the public health law relating to
          the statewide health information network of New York and the statewide
          planning and  research  cooperative  system  and  general  powers  and
          duties,  in  relation to making certain provisions permanent; to amend
          part A of chapter 58 of the laws of 2008, amending the elder  law  and
          other laws relating to reimbursement to participating provider pharma-
          cies  and  prescription  drug  coverage,  in relation to extending the
          expiration of certain provisions thereof; to amend chapter 474 of  the
          laws  of  1996,  amending the education law and other laws relating to
          rates for residential health care facilities, in relation to extending
          the effectiveness of certain provisions thereof;  to amend chapter  81
          of  the  laws  of  1995, amending the public health law and other laws
          relating to medical reimbursement and welfare reform, in  relation  to
          extending  the  effectiveness  of certain provisions thereof; to amend
          the social services law, in relation to the effectiveness  of  certain
          provisions relating to negotiation of supplemental rebates relating to
          medication  assisted  treatment;  to amend part B of chapter 57 of the
          laws of 2015, amending the social services law and other laws relating
          to supplemental rebates, in relation to the effectiveness thereof;  to
          amend  part  KK of chapter 56 of the laws of 2020, amending the public
          health law relating to the designation of statewide  general  hospital
          quality  and sole community pools and the reduction of capital related
          inpatient expenses, in relation to the effectiveness thereof; to amend
          chapter 779 of the laws of 1986,  amending  the  social  services  law
          relating  to  authorizing  services  for non-residents in adult homes,
          residences for adults and enriched housing programs,  in  relation  to
          extending  the  effectiveness  of certain provisions thereof; to amend
          chapter 884 of the laws of 1990, amending the public health law relat-
          ing to authorizing bad debt and charity care allowances for  certified
          home health agencies, in relation to extending the provisions thereof;
          to  amend  chapter  81 of the laws of 1995, amending the public health
          law and other laws  relating  to  medical  reimbursement  and  welfare
          reform,  in  relation to the effectiveness thereof; to amend part A of
          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 the public health law, in
          relation to residential health care  facility  assessments;  to  amend
          part  MM  of chapter 57 of the laws of 2021 amending the public health

        A. 3007--B                          3
 
          law relating to aiding in the transition  to  adulthood  for  children
          with  medical  fragility  living  in pediatric nursing homes and other
          settings, in relation to the effectiveness thereof; to  amend  chapter
          471  of  the  laws  of  2016 amending the education law and the public
          health law relating to authorizing certain advanced home health  aides
          to  perform  certain  advanced tasks, in relation to providing for the
          repeal of certain provisions thereof; and to amend part R  of  chapter
          59  of the laws of 2016, amending the public health law and the educa-
          tion law relating to electronic  prescriptions,  in  relation  to  the
          effectiveness  thereof (Part B); to amend part A3 of chapter 62 of the
          laws of 2003 amending the general business law and other laws relating
          to enacting major components necessary to implement the  state  fiscal
          plan  for  the 2003-04 state fiscal year, in relation to extending the
          effectiveness of provisions thereof; to amend the New York Health Care
          Reform Act of 1996, in relation to extending certain provisions relat-
          ing thereto; to amend the New York Health Care Reform Act of 2000,  in
          relation  to  extending  the  effectiveness  of provisions thereof; to
          amend  the  public  health  law,  in  relation  to  extending  certain
          provisions relating to the distribution of pool allocations and gradu-
          ate  medical education; to amend the public health law, in relation to
          extending certain provisions relating to health care  initiative  pool
          distributions;  to  amend  the  social  services  law,  in relation to
          extending payment provisions for general hospitals; and to  amend  the
          public  health law, in relation to extending certain provisions relat-
          ing to the assessments on covered lives (Part C); intentionally  omit-
          ted  (Part D); to amend the public health law, in relation to amending
          and extending the voluntary indigent care pool; in relation to  estab-
          lishing the definition of rural emergency hospital; and in relation to
          expanding  eligibility  for  vital  access  provider assurance program
          funding; and to amend Part I of chapter 57 of the laws of 2022  relat-
          ing  to  providing  a one percent across the board payment increase to
          all qualifying fee-for-service Medicaid rates, in relation to Medicaid
          payments made  for  the  operating  component  of  hospital  inpatient
          services  (Part  E); 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
          effectiveness of certain provisions  thereof; to amend part J of chap-
          ter  63  of  the laws of 2001 amending chapter 266 of the laws of 1986
          amending the civil practice law and rules and other laws  relating  to
          malpractice and professional medical conduct, in relation to extending
          certain  provisions concerning the hospital excess 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
          extending certain provisions relating thereto, in relation to  extend-
          ing  provisions  relating  to  excess coverage (Part F); intentionally
          omitted (Part G); to amend the social services  law,  in  relation  to
          enacting  the  1332  state  innovation program; and to amend the state
          finance law, in relation to establishing  the  1332  state  innovation
          program  fund  (Part  H); 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 medical expenditures, in
          relation  to  extending  the  provisions  thereof; to amend the public
          health law, in relation  to  extending  authority  to  enroll  certain
          recipients  in need of more than 120 days of community based-long term
          care in a managed long term care plan; to amend the public health law,
          in relation to extending the moratorium on the processing and approval

        A. 3007--B                          4
 
          of applications seeking a certificate of authority as a  managed  long
          term  care plan; and to amend part I of chapter 57 of the laws of 2022
          providing a one percent across the board payment increase to all qual-
          ifying  fee-for-service  Medicaid  rates,  in relation to providing an
          additional increase to all qualifying fee-for-service  Medicaid  rates
          for  the  operating  component  of  residential health care facilities
          services and an additional increase to all qualifying  fee-for-service
          Medicaid rates for the operating component of assisted living programs
          (Part I); intentionally omitted (Part J); to amend the social services
          law,  in  relation  to  authorizing  Medicaid  eligibility for certain
          services provided to individuals who are in  a  correctional  institu-
          tion,  and  for certain services provided to individuals who are in an
          institution for mental disease (Part K); intentionally  omitted  (Part
          L);  intentionally omitted (Part M); to amend the social services law,
          in relation to expanding the Medicaid Buy-In program for  people  with
          disabilities  (Part  N);  intentionally omitted (Part O); to amend the
          public health law, in relation to establishing a new statewide  health
          care  transformative  program  (Part  P); to amend the social services
          law, in relation to establishing Medicaid reimbursement for  community
          health  workers  (CHWs)  for  high-risk  populations; and to amend the
          public health law, in relation to permitting  licensed  mental  health
          counselors,  licensed  creative arts therapists, and licensed marriage
          and family therapists in community health  centers  to  be  reimbursed
          (Part  Q); to amend the social services law and the public health law,
          in relation to expanding Medicaid coverage of preventative health care
          services (Part R); to amend the public  health  law,  in  relation  to
          functions  of  the state and regional emergency medical services coun-
          cils (Part S); intentionally omitted (Part T);  intentionally  omitted
          (Part  U); intentionally omitted (Part V); to amend chapter 471 of the
          laws of 2016 amending the education law  and  the  public  health  law
          relating  to authorizing certain advanced home health aides to perform
          certain advanced tasks, in relation to the effectiveness thereof (Part
          W); to amend the public health law, in relation to providing  for  the
          registration  of  temporary health care services agencies (Part X); to
          amend the civil practice law and  rules  and  the  judiciary  law,  in
          relation  to  affidavits  for medical debt actions (Subpart A); Inten-
          tionally omitted (Subpart B); to  amend  the  public  health  law,  in
          relation  to requiring hospitals participating in the general hospital
          indigent care pool to use certain forms for the collection of  medical
          debt (Subpart C); and to amend the insurance law, in relation to guar-
          anty  fund  coverage for insurers writing health insurance (Subpart D)
          (Part Y); intentionally omitted (Part Z); to amend the  public  health
          law,  in relation to hepatitis C screening and requiring third trimes-
          ter syphilis testing  (Part  AA);  intentionally  omitted  (Part  BB);
          intentionally omitted (Part CC); in relation to establishing a cost of
          living adjustment for designated human services programs (Part DD); to
          amend  part  A  of chapter 56 of the laws of 2013, amending the social
          services law and other laws relating to enacting the major  components
          of  legislation  necessary  to implement the health and mental hygiene
          budget for the 2013-2014 state fiscal year, in relation to the  effec-
          tiveness  of certain provisions thereof (Part EE); intentionally omit-
          ted (Part FF); intentionally omitted (Part GG); to  amend  the  mental
          hygiene  law,  in  relation  to  certified community behavioral health
          clinics (Part HH);  intentionally  omitted  (Part  II);  intentionally
          omitted  (Part  JJ); in relation to establishing a task force to study
          aging in place in mental health housing; and providing for the  repeal

        A. 3007--B                          5
 
          of  such  provisions  upon  expiration thereof (Part KK); to amend the
          social services law, in relation to coverage for services provided  by
          school-based  health centers for medical assistance recipients; and to
          amend  part  JJ  of chapter 57 of the laws of 2021 amending the social
          services law relating to managed care programs,  in  relation  to  the
          effectiveness  thereof (Part LL); to amend the social services law, in
          relation to eligibility criteria for health homes (Part MM); to repeal
          sections 1 and 1-a of part FFF of chapter  56  of  the  laws  of  2020
          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,  relating  to  prescription  drugs
          under  the  Medicaid program (Part NN); and to amend the public health
          law, in relation to expanding health care services provided  by  tele-
          health (Part OO)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  necessary  to  implement  the state health and mental hygiene budget for
     3  the 2023-2024 state fiscal year.  Each  component  is  wholly  contained
     4  within  a  Part identified as Parts A through OO. The effective date for
     5  each particular provision contained within such Part is set forth in the
     6  last section of such Part. Any provision in any section contained within
     7  a Part, including the effective date of the Part, which makes  a  refer-
     8  ence  to  a  section  "of  this  act", when used in connection with that
     9  particular component, shall be deemed to mean and refer  to  the  corre-
    10  sponding section of the Part in which it is found. Section three of this
    11  act sets forth the general effective date of this act.
 
    12                                   PART A
 
    13    Section  1.  Paragraph (a) of subdivision 1 of section 92 of part H of
    14  chapter 59 of the laws of 2011, amending the public health law and other
    15  laws relating to general hospital reimbursement  for  annual  rates,  as
    16  amended  by  section  2  of part H of chapter 57 of the laws of 2022, is
    17  amended to read as follows:
    18    (a) For state fiscal years  2011-12  through  [2023-24]  2024-25,  the
    19  director  of the budget, in consultation with the commissioner of health
    20  referenced as "commissioner" for purposes of this section, shall  assess
    21  on  a  quarterly  basis,  as  reflected in quarterly reports pursuant to
    22  subdivision five of this  section  known  and  projected  department  of
    23  health  state  funds medicaid expenditures by category of service and by
    24  geographic regions, as defined by the commissioner.
    25    § 2. This act shall take effect immediately and  shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2023.
 
    27                                   PART B
 
    28    Section  1.  Subdivision 1 of section 20 of chapter 451 of the laws of
    29  2007 amending the public health law, the social  services  law  and  the
    30  insurance  law  relating  to  providing  enhanced  consumer and provider
    31  protections, as amended by chapter 181 of the laws of 2021,  is  amended
    32  to read as follows:

        A. 3007--B                          6

     1    1.  sections  four, eleven and thirteen  of this act shall take effect
     2  immediately and shall expire and be  deemed  repealed  June  30,  [2023]
     3  2025;
     4    § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
     5  of  2007,  amending  the  social services law and other laws relating to
     6  adjustments of rates, as amended by section 2 of part T of chapter 57 of
     7  the laws of 2018, is amended to read as follows:
     8    6-a. section fifty-seven of  this  act  shall  expire  and  be  deemed
     9  repealed  [on  March  31, 2023] March 31, 2028; provided that the amend-
    10  ments made by such section to subdivision 4  of  section  366-c  of  the
    11  social  services law shall apply with respect to determining initial and
    12  continuing eligibility for medical assistance, including  the  continued
    13  eligibility  of  recipients  originally determined eligible prior to the
    14  effective date of this act, and provided further  that  such  amendments
    15  shall  not apply to any person or group of persons if it is subsequently
    16  determined by the Centers for Medicare and Medicaid  services  or  by  a
    17  court  of  competent  jurisdiction  that medical assistance with federal
    18  financial participation is available for the costs of services  provided
    19  to  such  person  or  persons  under  the provisions of subdivision 4 of
    20  section 366-c of the social services law in effect immediately prior  to
    21  the effective date of this act.
    22    § 3. Section 3 of chapter 906 of the laws of 1984, amending the social
    23  services  law  relating  to expanding medical assistance eligibility and
    24  the scope of services available to certain persons with disabilities, as
    25  amended by section 4 of part T of chapter 57 of the  laws  of  2018,  is
    26  amended to read as follows:
    27    §  3.  This  act shall take effect on the thirtieth day after it shall
    28  have become a law and shall be of no  further  force  and  effect  after
    29  [March  31,  2023]  March 31, 2028, at which time the provisions of this
    30  act shall be deemed to be repealed.
    31    § 4. Subparagraph (i) of paragraph b of subdivision 6 of  section  366
    32  of  the  social  services  law, as amended by chapter 389 of the laws of
    33  2008, is amended to read as follows:
    34    (i) be [eighteen] twenty-one years of age or under;
    35    § 5. Subparagraph (i) of paragraph b of subdivision 7 of  section  366
    36  of  the  social  services  law, as amended by chapter 324 of the laws of
    37  2004, is amended to read as follows:
    38    (i) be [eighteen] twenty-one years of age or under;
    39    § 6. Subparagraph (i) of paragraph b of subdivision 9 of  section  366
    40  of the social services law, as added by chapter 170 of the laws of 1994,
    41  is amended to read as follows:
    42    (i) be under [eighteen] twenty-one years of age;
    43    § 7. Section 2 of chapter 313 of the laws of 2018, amending the public
    44  health  law  relating  to body imaging scanning equipment, is amended to
    45  read as follows:
    46    § 2. This act shall take effect on the one hundred twentieth day after
    47  it shall have become a law; provided,  however,  that,  effective  imme-
    48  diately,  the  addition, amendment, and/or repeal of any rules and regu-
    49  lations necessary to implement the provisions of this act on its  effec-
    50  tive date are directed to be completed on or before such effective date;
    51  and  provided further, that this act shall expire and be deemed repealed
    52  [five years after such effective date] January 30, 2029.
    53    § 8. Section 5 of chapter 426 of the laws of 1983, amending the public
    54  health law relating to professional misconduct proceedings,  as  amended
    55  by chapter 106 of the laws of 2018, is amended to read as follows:

        A. 3007--B                          7
 
     1    §  5. This act shall take effect June 1, 1983 and shall remain in full
     2  force and effect until July 1, [2023] 2028.
     3    § 9. Section 5 of chapter 582 of the laws of 1984, amending the public
     4  health  law  relating to regulating activities of physicians, as amended
     5  by chapter 106 of the laws of 2018, is amended to read as follows:
     6    § 5. This act shall take effect immediately, provided however that the
     7  provisions of this act shall remain in full force and effect until  July
     8  1,  [2023] 2028 at which time the provisions of this act shall be deemed
     9  to be repealed.
    10    § 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of  section
    11  230  of  the public health law, as amended by chapter 106 of the laws of
    12  2018, is amended to read as follows:
    13    (ii) Participation and membership during a  three  year  demonstration
    14  period  in  a physician committee of the Medical Society of the State of
    15  New York or the New York State Osteopathic Society whose purpose  is  to
    16  confront and refer to treatment physicians who are thought to be suffer-
    17  ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
    18  period shall commence on April first, nineteen hundred eighty and termi-
    19  nate on May thirty-first, nineteen hundred eighty-three.  An  additional
    20  demonstration  period  shall  commence  on  June first, nineteen hundred
    21  eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
    22  eighty-six.  An  additional demonstration period shall commence on April
    23  first, nineteen hundred eighty-six and terminate on March  thirty-first,
    24  nineteen  hundred  eighty-nine. An additional demonstration period shall
    25  commence April first, nineteen hundred eighty-nine and  terminate  March
    26  thirty-first,  nineteen  hundred ninety-two. An additional demonstration
    27  period shall commence  April  first,  nineteen  hundred  ninety-two  and
    28  terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
    29  tional demonstration period shall  commence  on  April  first,  nineteen
    30  hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
    31  hundred ninety-eight. An additional demonstration period shall  commence
    32  on  April  first,  nineteen  hundred ninety-eight and terminate on March
    33  thirty-first, two thousand three.  An  additional  demonstration  period
    34  shall commence on April first, two thousand three and terminate on March
    35  thirty-first,  two thousand thirteen. An additional demonstration period
    36  shall commence April first, two thousand thirteen and terminate on March
    37  thirty-first, two thousand eighteen. An additional demonstration  period
    38  shall  commence April first, two thousand eighteen and terminate on July
    39  first, two thousand [twenty-three] twenty-eight provided, however,  that
    40  the commissioner may prescribe requirements for the continuation of such
    41  demonstration  program,  including periodic reviews of such programs and
    42  submission of any reports and data necessary  to  permit  such  reviews.
    43  During  these  additional  periods,  the provisions of this subparagraph
    44  shall also apply to a physician committee of a county medical society.
    45    § 11. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
    46  public  health  law  relating  to  the operation of department of health
    47  facilities, as amended by section 1 of part E of chapter 57 of the  laws
    48  of 2019, is amended to read as follows:
    49    §  4.  This act shall take effect immediately; provided, however, that
    50  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
    51  public health law, as added by section three of  this  act,  shall  take
    52  effect  January 1, 1996 and shall expire and be deemed repealed [twenty-
    53  eight years from the effective date thereof] March 31, 2027.
    54    § 12. Paragraph (b) of subdivision 17 of section 2808  of  the  public
    55  health law, as amended by section 15 of part E of chapter 57 of the laws
    56  of 2019, is amended to read as follows:

        A. 3007--B                          8
 
     1    (b) Notwithstanding any inconsistent provision of law or regulation to
     2  the  contrary,  for  the  state  fiscal years beginning April first, two
     3  thousand ten and ending March thirty-first, two thousand  [twenty-three]
     4  twenty-four,  the commissioner shall not be required to revise certified
     5  rates  of  payment established pursuant to this article for rate periods
     6  prior to April first, two thousand [twenty-three] twenty-seven, based on
     7  consideration of rate appeals filed by residential health  care  facili-
     8  ties or based upon adjustments to capital cost reimbursement as a result
     9  of approval by the commissioner of an application for construction under
    10  section twenty-eight hundred two of this article, in excess of an aggre-
    11  gate  annual amount of eighty million dollars for each such state fiscal
    12  year provided, however, that for the period April  first,  two  thousand
    13  eleven  through  March  thirty-first, two thousand twelve such aggregate
    14  annual amount shall be fifty million dollars.  In  revising  such  rates
    15  within  such  fiscal limit, the commissioner shall, in prioritizing such
    16  rate appeals, include consideration of which facilities the commissioner
    17  determines are facing significant financial hardship  as  well  as  such
    18  other considerations as the commissioner deems appropriate and, further,
    19  the commissioner is authorized to enter into agreements with such facil-
    20  ities  or  any  other  facility to resolve multiple pending rate appeals
    21  based upon a negotiated aggregate amount and may offset such  negotiated
    22  aggregate  amounts  against  any  amounts  owed  by  the facility to the
    23  department, including, but not limited  to,  amounts  owed  pursuant  to
    24  section twenty-eight hundred seven-d of this article; provided, however,
    25  that the commissioner's authority to negotiate such agreements resolving
    26  multiple  pending  rate appeals as hereinbefore described shall continue
    27  on and after April first, two thousand [twenty-three] twenty-seven. Rate
    28  adjustments made pursuant to this  paragraph  remain  fully  subject  to
    29  approval by the director of the budget in accordance with the provisions
    30  of  subdivision  two of section twenty-eight hundred seven of this arti-
    31  cle.
    32    § 13. Paragraph (a) of subdivision 13 of section 3614  of  the  public
    33  health law, as amended by section 16 of part E of chapter 57 of the laws
    34  of 2019, is amended to read as follows:
    35    (a)  Notwithstanding  any  inconsistent provision of law or regulation
    36  and subject to the  availability  of  federal  financial  participation,
    37  effective  April  first, two thousand twelve through March thirty-first,
    38  two thousand [twenty-three] twenty-four, payments by government agencies
    39  for services provided by certified home health agencies, except for such
    40  services provided to children under eighteen  years  of  age  and  other
    41  discreet  groups  as  may  be determined by the commissioner pursuant to
    42  regulations, shall be based on episodic payments. In  establishing  such
    43  payments, a statewide base price shall be established for each sixty day
    44  episode  of  care  and  adjusted  by a regional wage index factor and an
    45  individual patient case mix index. Such episodic payments may be further
    46  adjusted for low utilization cases and to reflect a  percentage  limita-
    47  tion  of the cost for high-utilization cases that exceed outlier thresh-
    48  olds of such payments.
    49    § 14. Section 4 of chapter 19 of the laws of 1998, amending the social
    50  services law relating to limiting the method of payment for prescription
    51  drugs under the medical assistance program, as amended by section  2  of
    52  part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
    53  follows:
    54    § 4. This act shall take effect 120 days after it shall have become  a
    55  law and shall expire and be deemed repealed March 31, [2023] 2024.

        A. 3007--B                          9
 
     1    §  15. Paragraph (e-1) of subdivision 12 of section 2808 of the public
     2  health law, as amended by section 3 of part BB of chapter 56 of the laws
     3  of 2020, is amended to read as follows:
     4    (e-1) Notwithstanding any inconsistent provision of law or regulation,
     5  the  commissioner  shall  provide,  in  addition to payments established
     6  pursuant to this article prior to application  of  this  section,  addi-
     7  tional  payments  under the medical assistance program pursuant to title
     8  eleven of article five of the social services law for non-state operated
     9  public residential health care facilities, including public  residential
    10  health  care  facilities  located in the county of Nassau, the county of
    11  Westchester and the county of Erie,  but  excluding  public  residential
    12  health  care  facilities  operated by a town or city within a county, in
    13  aggregate annual amounts of up to one hundred fifty million  dollars  in
    14  additional payments for the state fiscal year beginning April first, two
    15  thousand  six  and  for the state fiscal year beginning April first, two
    16  thousand seven and for the state fiscal year beginning April first,  two
    17  thousand eight and of up to three hundred million dollars in such aggre-
    18  gate  annual  additional  payments  for  the state fiscal year beginning
    19  April first, two thousand nine, and for the state fiscal year  beginning
    20  April  first,  two  thousand ten and for the state fiscal year beginning
    21  April first, two thousand eleven, and for the state fiscal years  begin-
    22  ning  April  first,  two  thousand  twelve and April first, two thousand
    23  thirteen, and of up to five hundred million dollars  in  such  aggregate
    24  annual  additional  payments  for the state fiscal years beginning April
    25  first, two thousand fourteen, April  first,  two  thousand  fifteen  and
    26  April  first,  two  thousand  sixteen  and of up to five hundred million
    27  dollars in such aggregate  annual  additional  payments  for  the  state
    28  fiscal years beginning April first, two thousand seventeen, April first,
    29  two thousand eighteen, and April first, two thousand nineteen, and of up
    30  to  five  hundred  million  dollars  in such aggregate annual additional
    31  payments for the state fiscal years beginning April first, two  thousand
    32  twenty, April first, two thousand twenty-one, and April first, two thou-
    33  sand  twenty-two,  and  of  up  to  five hundred million dollars in such
    34  aggregate annual additional payments for the state fiscal  years  begin-
    35  ning  April  first, two thousand twenty-three, April first, two thousand
    36  twenty-four, and April first, two thousand twenty-five. The amount allo-
    37  cated to each eligible public residential health care facility for  this
    38  period  shall be computed in accordance with the provisions of paragraph
    39  (f) of this subdivision, provided, however, that patient days  shall  be
    40  utilized  for  such  computation reflecting actual reported data for two
    41  thousand three and each representative succeeding  year  as  applicable,
    42  and  provided  further,  however,  that,  in  consultation with impacted
    43  providers, of the funds allocated for distribution in the  state  fiscal
    44  year  beginning  April  first,  two  thousand thirteen, up to thirty-two
    45  million dollars may be allocated in accordance with paragraph  (f-1)  of
    46  this subdivision.
    47    §  16.  Section  18  of  chapter 904 of the laws of 1984, amending the
    48  public health law and the social services law  relating  to  encouraging
    49  comprehensive  health  services,  as  amended by section 4 of part BB of
    50  chapter 56 of the laws of 2020, is amended to read as follows:
    51    § 18. This act shall take effect  immediately,  except  that  sections
    52  six,  nine, ten and eleven of this act shall take effect on the sixtieth
    53  day after it shall have become a law, sections two, three, four and nine
    54  of this act shall expire and be of no further  force  or  effect  on  or
    55  after  March  31, [2023] 2026, section two of this act shall take effect
    56  on April 1, 1985 or seventy-five days following the  submission  of  the

        A. 3007--B                         10
 
     1  report  required  by  section  one  of this act, whichever is later, and
     2  sections eleven and thirteen of this act  shall  expire  and  be  of  no
     3  further force or effect on or after March 31, 1988.
     4    § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
     5  the  public  health law relating to allowing for the use of funds of the
     6  office of professional medical conduct for  activities  of  the  patient
     7  health  information  and  quality improvement act of 2000, as amended by
     8  section 5 of part BB of chapter 56 of the laws of 2020,  is  amended  to
     9  read as follows:
    10    §  4.  This  act  shall  take  effect  immediately  provided  that the
    11  provisions of section one of this act shall be deemed to  have  been  in
    12  full force and effect on and after April 1, 2003, and shall expire March
    13  31, [2023] 2026 when upon such date the provisions of such section shall
    14  be deemed repealed.
    15    §  18.  Subdivision  (o) of section 111 of part H of chapter 59 of the
    16  laws of 2011, amending the public health law relating to  the  statewide
    17  health  information  network  of New York and the statewide planning and
    18  research cooperative system and general powers and duties, as amended by
    19  section 6 of part BB of chapter 56 of the laws of 2020,  is  amended  to
    20  read as follows:
    21    (o)  sections thirty-eight and thirty-eight-a of this act shall expire
    22  and be deemed repealed March 31, [2023] 2026;
    23    § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
    24  the elder law and other laws relating to reimbursement to  participating
    25  provider  pharmacies  and  prescription  drug  coverage,  as  amended by
    26  section 7 of part BB of chapter 56 of the laws of 2020,  is  amended  to
    27  read as follows:
    28    §  32.  This  act shall take effect immediately and shall be deemed to
    29  have been in full force and effect on and after April 1, 2008;  provided
    30  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    31  twenty-five of this act shall take effect July 1, 2008; provided however
    32  that sections sixteen, seventeen and eighteen of this act  shall  expire
    33  April  1,  [2023]  2026;  provided, however, that the amendments made by
    34  section twenty-eight of this act shall take effect on the same  date  as
    35  section  1  of  chapter  281  of the laws of 2007 takes effect; provided
    36  further, that sections twenty-nine, thirty, and thirty-one of  this  act
    37  shall  take effect October 1, 2008; provided further, that section twen-
    38  ty-seven of this act shall take effect January  1,  2009;  and  provided
    39  further,  that  section  twenty-seven  of  this  act shall expire and be
    40  deemed repealed March 31, [2023] 2026; and provided,  further,  however,
    41  that the amendments to subdivision 1 of section 241 of the education law
    42  made  by section twenty-nine of this act shall not affect the expiration
    43  of such subdivision and shall be deemed to expire therewith and provided
    44  that the amendments to section 272 of the  public  health  law  made  by
    45  section  thirty  of this act shall not affect the repeal of such section
    46  and shall be deemed repealed therewith.
    47    § 20. Section 228 of chapter 474 of the laws  of  1996,  amending  the
    48  education  law  and  other laws relating to rates for residential health
    49  care facilities, as amended by section 12 of part BB of  chapter  56  of
    50  the laws of 2020, is amended to read as follows:
    51    §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
    52  shall mean a downstate region to consist of Kings, New  York,  Richmond,
    53  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
    54  consist of all other New York state counties. A  certified  home  health
    55  agency  or  long  term  home health care program shall be located in the

        A. 3007--B                         11
 
     1  same county utilized by the commissioner of health for the establishment
     2  of rates pursuant to article 36 of the public health law.
     3    (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
     4  defined in section 3602 of the public health law.
     5    (c) Long term home health care program (LTHHCP) shall mean  such  term
     6  as defined in subdivision 8 of section 3602 of the public health law.
     7    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
     8  ly, located within a region.
     9    (e)  Medicaid  revenue percentage, for purposes of this section, shall
    10  mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
    11  persons  eligible  for payments pursuant to title 11 of article 5 of the
    12  social services law divided by such revenues plus CHHA and LTHHCP reven-
    13  ues attributable to services provided to beneficiaries of Title XVIII of
    14  the federal social security act (medicare).
    15    (f) Base period, for purposes of this  section,  shall  mean  calendar
    16  year 1995.
    17    (g) Target period. For purposes of this section, the 1996 target peri-
    18  od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
    19  period shall mean January 1, 1997 through November 30,  1997,  the  1998
    20  target  period shall mean January 1, 1998 through November 30, 1998, the
    21  1999 target period shall mean January 1, 1999 through November 30, 1999,
    22  the 2000 target period shall mean January 1, 2000 through  November  30,
    23  2000, the 2001 target period shall mean January 1, 2001 through November
    24  30,  2001,  the  2002  target  period shall mean January 1, 2002 through
    25  November 30, 2002, the 2003 target period shall  mean  January  1,  2003
    26  through  November 30, 2003, the 2004 target period shall mean January 1,
    27  2004 through November 30, 2004, and the 2005 target  period  shall  mean
    28  January  1, 2005 through November 30, 2005, the 2006 target period shall
    29  mean January 1, 2006 through November 30,  2006,  and  the  2007  target
    30  period shall mean January 1, 2007 through November 30, 2007 and the 2008
    31  target  period shall mean January 1, 2008 through November 30, 2008, and
    32  the 2009 target period shall mean January 1, 2009 through  November  30,
    33  2009  and  the  2010  target  period  shall mean January 1, 2010 through
    34  November 30, 2010 and the 2011 target period shall mean January 1,  2011
    35  through  November 30, 2011 and the 2012 target period shall mean January
    36  1, 2012 through November 30, 2012 and the 2013 target period shall  mean
    37  January  1,  2013  through November 30, 2013, and the 2014 target period
    38  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    39  period shall mean January 1, 2015 through November 30, 2015 and the 2016
    40  target period shall mean January 1, 2016 through November 30,  2016  and
    41  the  2017  target period shall mean January 1, 2017 through November 30,
    42  2017 and the 2018 target period  shall  mean  January  1,  2018  through
    43  November  30, 2018 and the 2019 target period shall mean January 1, 2019
    44  through November 30, 2019 and the 2020 target period shall mean  January
    45  1,  2020  through  November 30, 2020[,] and the 2021 target period shall
    46  mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
    47  od shall mean January 1, 2022 through November 30,  2022  and  the  2023
    48  target  period  shall mean January 1, 2023 through November 30, 2023 and
    49  the 2024 target period shall mean January 1, 2024 through  November  30,
    50  2024  and  the  2025  target  period  shall mean January 1, 2025 through
    51  November 30, 2025 and the 2026 target period shall mean January 1,  2026
    52  through  November 30, 2026 and the 2027 target period shall mean January
    53  1, 2027 through November 30, 2027.
    54    2. (a) Prior to February 1, 1997, for each regional group the  commis-
    55  sioner  of  health shall calculate the 1996 medicaid revenue percentages

        A. 3007--B                         12
 
     1  for the period commencing August 1, 1996 to the last date for which such
     2  data is available and reasonably accurate.
     3    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
     4  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
     5  prior  to February 1, 2003, prior to February 1, 2004, prior to February
     6  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
     7  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
     8  prior to February 1, 2011, prior to February 1, 2012, prior to  February
     9  1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to
    10  February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
    11  prior  to February 1, 2019, prior to February 1, 2020, prior to February
    12  1, 2021, prior to February 1, 2022, [and] prior  to  February  1,  2023,
    13  prior  to February 1, 2024, prior to February 1, 2025, prior to February
    14  1, 2026 and prior to February  1,  2027  for  each  regional  group  the
    15  commissioner of health shall calculate the prior year's medicaid revenue
    16  percentages  for  the period commencing January 1 through November 30 of
    17  such prior year.
    18    3. By September 15, 1996, for each regional group the commissioner  of
    19  health shall calculate the base period medicaid revenue percentage.
    20    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
    21  percentage shall be calculated by subtracting the 1996 medicaid  revenue
    22  reduction percentages from the base period medicaid revenue percentages.
    23  The  1996  medicaid  revenue  reduction  percentage, taking into account
    24  regional and program differences in utilization of medicaid and medicare
    25  services, for the following regional groups shall be equal to:
    26    (i) one and one-tenth percentage points for CHHAs located  within  the
    27  downstate region;
    28    (ii)  six-tenths  of one percentage point for CHHAs located within the
    29  upstate region;
    30    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    31  in the downstate region; and
    32    (iv) one and seven-tenths percentage points for LTHHCPs located within
    33  the upstate region.
    34    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    35  2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
    36  2020, 2021, 2022 [and],  2023,  2024,  2025,  2026  and  2027  for  each
    37  regional  group,  the target medicaid revenue percentage for the respec-
    38  tive year shall be calculated by subtracting the respective year's medi-
    39  caid revenue reduction percentage from the base period medicaid  revenue
    40  percentage.  The  medicaid revenue reduction percentages for 1997, 1998,
    41  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
    42  2012,  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],
    43  2023, 2024, 2025, 2026  and  2027,  taking  into  account  regional  and
    44  program  differences  in  utilization of medicaid and medicare services,
    45  for the following regional groups shall be equal to for each such year:
    46    (i) one and one-tenth percentage points for CHHAs located  within  the
    47  downstate region;
    48    (ii)  six-tenths  of one percentage point for CHHAs located within the
    49  upstate region;
    50    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    51  in the downstate region; and
    52    (iv) one and seven-tenths percentage points for LTHHCPs located within
    53  the upstate region.
    54    (c) For each regional group, the 1999 target medicaid revenue percent-
    55  age shall  be  calculated  by  subtracting  the  1999  medicaid  revenue
    56  reduction  percentage  from the base period medicaid revenue percentage.

        A. 3007--B                         13
 
     1  The 1999 medicaid revenue reduction  percentages,  taking  into  account
     2  regional and program differences in utilization of medicaid and medicare
     3  services, for the following regional groups shall be equal to:
     4    (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
     5  point for CHHAs located within the downstate region;
     6    (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
     7  located within the upstate region;
     8    (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
     9  LTHHCPs located within the downstate region; and
    10    (iv) one and two hundred seventy-five  thousandths  percentage  points
    11  (1.275) for LTHHCPs located within the upstate region.
    12    5.  (a) For each regional group, if the 1996 medicaid revenue percent-
    13  age is not equal to or  less  than  the  1996  target  medicaid  revenue
    14  percentage,  the  commissioner of health shall compare the 1996 medicaid
    15  revenue percentage to the 1996 target  medicaid  revenue  percentage  to
    16  determine  the  amount  of the shortfall which, when divided by the 1996
    17  medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
    18  reduction  factor.  These  amounts, expressed as a percentage, shall not
    19  exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
    20  equal  to  or less than the 1996 target medicaid revenue percentage, the
    21  1996 reduction factor shall be zero.
    22    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
    23  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    24  2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 and 2027, for  each
    25  regional  group,  if  the medicaid revenue percentage for the respective
    26  year is not equal to or less than the target medicaid revenue percentage
    27  for such respective year, the commissioner of health shall compare  such
    28  respective  year's medicaid revenue percentage to such respective year's
    29  target medicaid revenue percentage to determine the amount of the short-
    30  fall which, when divided  by  the  respective  year's  medicaid  revenue
    31  reduction  percentage,  shall  be  called  the reduction factor for such
    32  respective year. These amounts, expressed as  a  percentage,  shall  not
    33  exceed  one  hundred  percent.  If the medicaid revenue percentage for a
    34  particular year is equal to or less than  the  target  medicaid  revenue
    35  percentage  for  that  year, the reduction factor for that year shall be
    36  zero.
    37    6. (a) For each regional group, the 1996  reduction  factor  shall  be
    38  multiplied  by  the following amounts to determine each regional group's
    39  applicable 1996 state share reduction amount:
    40    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    41  CHHAs located within the downstate region;
    42    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    43  within the upstate region;
    44    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
    45  for LTHHCPs located within the downstate region; and
    46    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
    47  located within the upstate region.
    48    For each regional group reduction, if the 1996 reduction factor  shall
    49  be zero, there shall be no 1996 state share reduction amount.
    50    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    51  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019,
    52  2020,  2021,  2022  [and],  2023,  2024,  2025,  2026 and 2027, for each
    53  regional group, the reduction factor for the respective  year  shall  be
    54  multiplied  by  the following amounts to determine each regional group's
    55  applicable state share reduction amount for such respective year:

        A. 3007--B                         14
 
     1    (i) two million three hundred ninety thousand dollars ($2,390,000) for
     2  CHHAs located within the downstate region;
     3    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
     4  within the upstate region;
     5    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
     6  for LTHHCPs located within the downstate region; and
     7    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
     8  located within the upstate region.
     9    For  each  regional  group  reduction,  if  the reduction factor for a
    10  particular year shall be zero, there shall be no state  share  reduction
    11  amount for such year.
    12    (c) For each regional group, the 1999 reduction factor shall be multi-
    13  plied by the following amounts to determine each regional group's appli-
    14  cable 1999 state share reduction amount:
    15    (i) one million seven hundred ninety-two thousand five hundred dollars
    16  ($1,792,500) for CHHAs located within the downstate region;
    17    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
    18  for CHHAs located within the upstate region;
    19    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
    20  for LTHHCPs located within the downstate region; and
    21    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
    22  for LTHHCPs located within the upstate region.
    23    For each regional group reduction, if the 1999 reduction factor  shall
    24  be zero, there shall be no 1999 state share reduction amount.
    25    7.  (a) For each regional group, the 1996 state share reduction amount
    26  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
    27  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
    28  achieve  the  1996  target  medicaid revenue percentage, calculated on a
    29  provider specific basis utilizing revenues for this  purpose,  expressed
    30  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
    31  achieve the 1996 target medicaid revenue percentage within the  applica-
    32  ble  regional group. This proportion shall be multiplied by the applica-
    33  ble 1996 state share reduction amount calculation pursuant to  paragraph
    34  (a)  of  subdivision  6 of this section. This amount shall be called the
    35  1996 provider specific state share reduction amount.
    36    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
    37  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    38  2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 and 2027  for  each
    39  regional group, the state share reduction amount for the respective year
    40  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
    41  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
    42  achieve the target medicaid revenue percentage for the applicable  year,
    43  calculated  on  a  provider  specific  basis utilizing revenues for this
    44  purpose, expressed as a proportion of  the  total  of  each  CHHA's  and
    45  LTHHCP's  failure  to achieve the target medicaid revenue percentage for
    46  the applicable year within the applicable regional group.  This  propor-
    47  tion  shall be multiplied by the applicable year's state share reduction
    48  amount calculation pursuant to paragraph (b) or (c) of subdivision 6  of
    49  this  section.  This  amount shall be called the provider specific state
    50  share reduction amount for the applicable year.
    51    8. (a) The 1996 provider specific state share reduction  amount  shall
    52  be due to the state from each CHHA and LTHHCP and may be recouped by the
    53  state  by  March  31, 1997 in a lump sum amount or amounts from payments
    54  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
    55  social services law.

        A. 3007--B                         15
 
     1    (b) The provider specific state share reduction amount for 1997, 1998,
     2  1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
     3  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,  2021,  2022
     4  [and], 2023, 2024, 2025, 2026 and 2027 respectively, shall be due to the
     5  state  from  each  CHHA and LTHHCP and each year the amount due for such
     6  year may be recouped by the state by March 31 of the following year in a
     7  lump sum amount or amounts from payments due  to  the  CHHA  and  LTHHCP
     8  pursuant to title 11 of article 5 of the social services law.
     9    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
    10  times as the commissioner of health may require  for  purposes  of  this
    11  section.  The  commissioner of health may use data available from third-
    12  party payors.
    13    10. On or about June 1, 1997, for each regional group the commissioner
    14  of health shall calculate for the period August 1,  1996  through  March
    15  31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
    16  share reduction amount, and a provider specific  state  share  reduction
    17  amount  in  accordance with the methodology provided in paragraph (a) of
    18  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    19  sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
    20  specific state share reduction amount calculated in accordance with this
    21  subdivision  shall be compared to the 1996 provider specific state share
    22  reduction amount calculated in accordance with paragraph (a) of subdivi-
    23  sion 7 of this section. Any amount in excess of the amount determined in
    24  accordance with paragraph (a) of subdivision 7 of this section shall  be
    25  due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
    26  accordance with paragraph (a) of subdivision 8 of this section.  If  the
    27  amount  is  less than the amount determined in accordance with paragraph
    28  (a) of subdivision 7 of this section, the difference shall  be  refunded
    29  to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
    30  and LTHHCPs shall submit data for the  period  August  1,  1996  through
    31  March 31, 1997 to the commissioner of health by April 15, 1997.
    32    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
    33  required for purposes of this section:
    34    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    35  caid revenue percentage between  the  applicable  base  period  and  the
    36  applicable  target  period  for purposes of the calculations pursuant to
    37  this section; and
    38    (b) the commissioner of health shall reduce the current rate  paid  to
    39  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
    40  article 36 of the public health law by one percent for a  period  begin-
    41  ning on the first day of the calendar month following the applicable due
    42  date  as  established by the commissioner of health and continuing until
    43  the last day of the calendar month in which the required data and infor-
    44  mation are submitted.
    45    12. The commissioner of health shall inform in writing the director of
    46  the budget and the chair of the senate finance committee and  the  chair
    47  of  the  assembly  ways and means committee of the results of the calcu-
    48  lations pursuant to this section.
    49    § 21. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
    50  the laws of 1995, amending the public health law and other laws relating
    51  to medical reimbursement and welfare reform, as amended by section 13 of
    52  part  BB  of  chapter  56  of  the  laws  of 2020, is amended to read as
    53  follows:
    54    (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
    55  February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
    56  February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,

        A. 3007--B                         16
 
     1  February  1, 2012, February 1, 2013, February 1, 2014, February 1, 2015,
     2  February 1, 2016, February 1, 2017, February 1, 2018, February 1,  2019,
     3  February  1, 2020, February 1, 2021, February 1, 2022 [and], February 1,
     4  2023,  February  1,  2024,  February  1,  2025 and February 1, 2026, the
     5  commissioner of health shall calculate the result of the statewide total
     6  of residential health care facility days of care provided  to  benefici-
     7  aries  of  title  XVIII  of  the federal social security act (medicare),
     8  divided by the sum of such days of care plus days of  care  provided  to
     9  residents eligible for payments pursuant to title 11 of article 5 of the
    10  social  services  law  minus  the  number  of days provided to residents
    11  receiving hospice care,  expressed  as  a  percentage,  for  the  period
    12  commencing January 1, through November 30, of the prior year respective-
    13  ly,  based  on such data for such period. This value shall be called the
    14  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
    15  2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019, 2020, 2021, 2022 [and],
    16  2023, 2024, 2025 and 2026 statewide target percentage respectively.
    17    §  22.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
    18  64 of chapter 81 of the laws of 1995, amending the public health law and
    19  other laws relating to medical  reimbursement  and  welfare  reform,  as
    20  amended  by  section 14 of part BB of chapter 56 of the laws of 2020, is
    21  amended to read as follows:
    22    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
    23  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    24  2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 and 2026 statewide target
    25  percentages are not for each year at least three percentage points high-
    26  er than the statewide base percentage, the commissioner of health  shall
    27  determine  the  percentage  by which the statewide target percentage for
    28  each year is not at least three percentage points higher than the state-
    29  wide base percentage. The percentage calculated pursuant to  this  para-
    30  graph  shall  be  called  the  1997, 1998, 2000, 2001, 2002, 2003, 2004,
    31  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
    32  2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 and 2026
    33  statewide reduction percentage respectively. If the  1997,  1998,  2000,
    34  2001,  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
    35  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,
    36  2024,  2025 and 2026 statewide target percentage for the respective year
    37  is at least three percentage  points  higher  than  the  statewide  base
    38  percentage,  the  statewide reduction percentage for the respective year
    39  shall be zero.
    40    § 23. Subparagraph (iii) of paragraph (b) of subdivision 4 of  section
    41  64 of chapter 81 of the laws of 1995, amending the public health law and
    42  other  laws  relating  to  medical  reimbursement and welfare reform, as
    43  amended by section 15 of part BB of chapter 56 of the laws of  2020,  is
    44  amended to read as follows:
    45    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
    46  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,  2020,
    47  2021, 2022 [and], 2023, 2024, 2025 and 2026 statewide reduction percent-
    48  age  shall be multiplied by one hundred two million dollars respectively
    49  to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005,  2006,  2007,
    50  2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
    51  2020, 2021, 2022 [and], 2023, 2024, 2025 and  2026  statewide  aggregate
    52  reduction  amount.  If  the  1998  and the 2000, 2001, 2002, 2003, 2004,
    53  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
    54  2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 and 2026
    55  statewide reduction percentage shall be zero respectively,  there  shall
    56  be  no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,

        A. 3007--B                         17
 
     1  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019  2020,  2021,
     2  2022 [and], 2023, 2024, 2025 and 2026 reduction amount.
     3    §  24.    The  opening  paragraph of paragraph (e) of subdivision 7 of
     4  section 367-a of the social services law, as amended  by  section  1  of
     5  part  GG  of  chapter  56  of  the  laws  of 2020, is amended to read as
     6  follows:
     7    During the period from April first, two thousand fifteen through March
     8  thirty-first, two thousand [twenty-three] twenty-six,  the  commissioner
     9  may,  in  lieu  of  a managed care provider or pharmacy benefit manager,
    10  negotiate directly and enter into an arrangement with  a  pharmaceutical
    11  manufacturer for the provision of supplemental rebates relating to phar-
    12  maceutical  utilization  by enrollees of managed care providers pursuant
    13  to section three hundred sixty-four-j of this title and may also negoti-
    14  ate directly and enter into such an agreement relating to pharmaceutical
    15  utilization by medical  assistance  recipients  not  so  enrolled.  Such
    16  rebate  arrangements  shall be limited to the following: antiretrovirals
    17  approved by the FDA for the treatment  of  HIV/AIDS,  opioid  dependence
    18  agents  and  opioid  antagonists  listed in a statewide formulary estab-
    19  lished pursuant to subparagraph (vii) of  this  paragraph,  hepatitis  C
    20  agents,  high  cost drugs as provided for in subparagraph (viii) of this
    21  paragraph, gene therapies as provided for in subparagraph (ix)  of  this
    22  paragraph,  and  any  other class or drug designated by the commissioner
    23  for which  the  pharmaceutical  manufacturer  has  in  effect  a  rebate
    24  arrangement  with  the  federal  secretary  of health and human services
    25  pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
    26  standard clinical criteria. No agreement entered into pursuant  to  this
    27  paragraph  shall  have an initial term or be extended beyond the expira-
    28  tion or repeal of this paragraph.
    29    § 25. Subdivision 1 of section 60 of part B of chapter 57 of the  laws
    30  of  2015,  amending  the  social services law and other laws relating to
    31  supplemental rebates, as amended by section 8 of part GG of  chapter  56
    32  of the laws of 2020, is amended to read as follows:
    33    1.  section  one of this act shall expire and be deemed repealed March
    34  31, [2026] 2029;
    35    § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
    36  the public health law relating to the designation of  statewide  general
    37  hospital  quality  and sole community pools and the reduction of capital
    38  related inpatient expenses, is amended to read as follows:
    39    § 8. This act shall take effect immediately and  shall  be  deemed  to
    40  have been in full force and effect on and after April 1, 2020, provided,
    41  further  that  sections  [three]  four  through [nine] seven of this act
    42  shall expire and be deemed repealed  March  31,  [2023]  2026;  provided
    43  further,  however,  that the director of the budget may, in consultation
    44  with the commissioner of health, delay the  effective  dates  prescribed
    45  herein for a period of time which shall not exceed ninety days following
    46  the  conclusion  or termination of an executive order issued pursuant to
    47  section 28 of the executive law declaring a state disaster emergency for
    48  the entire state of New York, upon such delay  the  director  of  budget
    49  shall  notify  the  chairs  of the assembly ways and means committee and
    50  senate finance committee and the  chairs  of  the  assembly  and  senate
    51  health  committee;  provided  further, however, that the director of the
    52  budget shall notify the legislative bill drafting  commission  upon  the
    53  occurrence  of  a  delay in the effective date of this act in order that
    54  the commission may maintain an accurate and timely effective  data  base
    55  of the official text of the laws of the state of New York in furtherance

        A. 3007--B                         18
 
     1  of  effectuating the provisions of section 44 of the legislative law and
     2  section 70-b of the public officers law.
     3    § 27. Intentionally omitted.
     4    §  28.  Section  4  of  chapter  779 of the laws of 1986, amending the
     5  social services law relating to authorizing services  for  non-residents
     6  in  adult homes, residences for adults and enriched housing programs, as
     7  amended by section 1 of item PP of subpart B of part XXX of  chapter  58
     8  of the laws of 2020, is amended to read as follows:
     9    § 4. This act shall take effect on the one hundred twentieth day after
    10  it  shall  have  become  a law and shall remain in full force and effect
    11  until July 1, [2023] 2026, provided however, that effective immediately,
    12  the addition, amendment and/or repeal of any rules or regulations neces-
    13  sary for the implementation of the foregoing sections of this act on its
    14  effective date are authorized and directed to be made and  completed  on
    15  or before such effective date.
    16    §  29.  Section  11  of  chapter 884 of the laws of 1990, amending the
    17  public health law relating to authorizing  bad  debt  and  charity  care
    18  allowances  for  certified home health agencies, as amended by section 1
    19  of part S of chapter 57 of the laws of  2021,  is  amended  to  read  as
    20  follows:
    21    § 11. This act shall take effect immediately and:
    22    (a) sections one and three shall expire on December 31, 1996,
    23    (b)  sections  four  through ten shall expire on June 30, [2023] 2025,
    24  and
    25    (c) provided that the amendment to section 2807-b of the public health
    26  law by section two of this act shall not affect the expiration  of  such
    27  section  2807-b  as  otherwise  provided  by  law and shall be deemed to
    28  expire therewith.
    29    § 30. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
    30  1995,  amending the public health law and other laws relating to medical
    31  reimbursement and welfare reform, as amended by section 3 of part  S  of
    32  chapter 57 of the laws of 2021, is amended to read as follows:
    33    5-a.  Section sixty-four-a of this act shall be deemed to have been in
    34  full force and effect on and after April 1, 1995 through March 31,  1999
    35  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
    36  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
    37  through March 31, 2007, and on and after April 1, 2007 through March 31,
    38  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
    39  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
    40  2013  through  March  31,  2015,  and on and after April 1, 2015 through
    41  March 31, 2017 and on and after April 1, 2017 through  March  31,  2019,
    42  and  on and after April 1, 2019 through March 31, 2021, and on and after
    43  April 1, 2021 through March 31, 2023, and on and  after  April  1,  2023
    44  through March 31, 2025;
    45    §  31.  Section  64-b  of chapter 81 of the laws of 1995, amending the
    46  public health law and other laws relating to medical  reimbursement  and
    47  welfare  reform,  as amended by section 4 of part S of chapter 57 of the
    48  laws of 2021, is amended to read as follows:
    49    §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
    50  provisions of subdivision 7 of section 3614 of the public health law, as
    51  amended,  shall  remain and be in full force and effect on April 1, 1995
    52  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
    53  and after April 1, 2000 through March 31, 2003 and on and after April 1,
    54  2003 through March 31, 2007, and on and  after  April  1,  2007  through
    55  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
    56  and on and after April 1, 2011 through March 31, 2013, and on and  after

        A. 3007--B                         19
 
     1  April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
     2  through March 31, 2017 and on and after April 1, 2017 through March  31,
     3  2019,  and on and after April 1, 2019 through March 31, 2021, and on and
     4  after  April  1,  2021 through March 31, 2023, and on and after April 1,
     5  2023 through March 31, 2025.
     6    § 32. Section 4-a of part A of chapter 56 of the laws of 2013,  amend-
     7  ing  chapter  59  of the laws of 2011 amending the public health law and
     8  other laws relating to general hospital reimbursement for annual  rates,
     9  as  amended by section 5 of part S of chapter 57 of the laws of 2021, is
    10  amended to read as follows:
    11    § 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
    12  2807-c  of the public health law, section 21 of chapter 1 of the laws of
    13  1999, or any other contrary provision of law, in  determining  rates  of
    14  payments  by state governmental agencies effective for services provided
    15  on and after January 1, 2017 through March 31, [2023]  2025,  for  inpa-
    16  tient  and  outpatient services provided by general hospitals, for inpa-
    17  tient services and adult day health care outpatient services provided by
    18  residential health care facilities pursuant to article 28 of the  public
    19  health  law,  except  for residential health care facilities or units of
    20  such facilities providing services primarily to children  under  twenty-
    21  one  years  of  age,  for home health care services provided pursuant to
    22  article 36 of the public health law by certified home  health  agencies,
    23  long term home health care programs and AIDS home care programs, and for
    24  personal  care services provided pursuant to section 365-a of the social
    25  services law, the commissioner of health shall  apply  no  greater  than
    26  zero  trend  factors  attributable  to the 2017, 2018, 2019, 2020, 2021,
    27  2022 [and], 2023, 2024 and 2025 calendar years in accordance with  para-
    28  graph  (c) of subdivision 10 of section 2807-c of the public health law,
    29  provided, however, that such no greater than zero trend factors  attrib-
    30  utable  to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 and
    31  2025 calendar years shall also be applied to rates of  payment  provided
    32  on  and after January 1, 2017 through March 31, [2023] 2025 for personal
    33  care services provided in those local social services districts, includ-
    34  ing New York city, whose rates of payment for such services  are  estab-
    35  lished  by  such local social services districts pursuant to a rate-set-
    36  ting exemption issued by the commissioner of health to such local social
    37  services  districts  in  accordance  with  applicable  regulations;  and
    38  provided further, however, that for rates of payment for assisted living
    39  program services provided on and after January 1, 2017 through March 31,
    40  [2023]  2025,  such  trend factors attributable to the 2017, 2018, 2019,
    41  2020, 2021, 2022 [and], 2023, 2024 and  2025  calendar  years  shall  be
    42  established at no greater than zero percent.
    43    §  33. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
    44  amending the public health  law  and  other  laws  relating  to  medical
    45  reimbursement  and  welfare reform, as amended by section 6 of part S of
    46  chapter 57 of the laws of 2021, is amended to read as follows:
    47    2. Sections five, seven through nine,  twelve  through  fourteen,  and
    48  eighteen  of  this  act  shall  be deemed to have been in full force and
    49  effect on and after April 1, 1995 through March  31,  1999  and  on  and
    50  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
    51  through  March 31, 2003 and on and after April 1, 2003 through March 31,
    52  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
    53  after  April  1,  2007  through March 31, 2009 and on and after April 1,
    54  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
    55  of  this act shall be deemed to be in full force and effect on and after
    56  April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015

        A. 3007--B                         20
 
     1  through  March 31, 2017 and on and after April 1, 2017 through March 31,
     2  2019, and on and after April 1, 2019 through March 31, 2021, and on  and
     3  after  April  1,  2021 through March 31, 2023, and on and after April 1,
     4  2023 through March 31, 2025;
     5    §  34.  Subparagraph (vi) of paragraph (b) of subdivision 2 of section
     6  2807-d of the public health law, as amended by section 11 of part  S  of
     7  chapter 57 of the laws of 2021, is amended to read as follows:
     8    (vi)  Notwithstanding  any contrary provision of this paragraph or any
     9  other provision of law or regulation to the  contrary,  for  residential
    10  health care facilities the assessment shall be six percent of each resi-
    11  dential  health care facility's gross receipts received from all patient
    12  care services and other operating income on a cash basis for the  period
    13  April  first,  two thousand two through March thirty-first, two thousand
    14  three for hospital  or  health-related  services,  including  adult  day
    15  services;  provided,  however,  that residential health care facilities'
    16  gross receipts attributable to payments received pursuant to title XVIII
    17  of the federal social security act (medicare) shall be excluded from the
    18  assessment; provided, however, that for all such gross receipts received
    19  on or after April first, two thousand three through March  thirty-first,
    20  two  thousand  five,  such assessment shall be five percent, and further
    21  provided that for all such gross receipts received  on  or  after  April
    22  first,  two thousand five through March thirty-first, two thousand nine,
    23  and on or after April first, two thousand  nine  through  March  thirty-
    24  first,  two  thousand  eleven  such assessment shall be six percent, and
    25  further provided that for all such gross receipts received on  or  after
    26  April  first,  two thousand eleven through March thirty-first, two thou-
    27  sand thirteen such assessment shall be six percent, and further provided
    28  that for all such gross receipts received on or after April  first,  two
    29  thousand  thirteen through March thirty-first, two thousand fifteen such
    30  assessment shall be six percent, and further provided that for all  such
    31  gross  receipts  received  on or after April first, two thousand fifteen
    32  through March thirty-first, two thousand seventeen such assessment shall
    33  be six percent, and further provided that for all  such  gross  receipts
    34  received  on  or after April first, two thousand seventeen through March
    35  thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
    36  percent,  and further provided that for all such gross receipts received
    37  on or after April first, two thousand  nineteen  through  March  thirty-
    38  first, two thousand twenty-one such assessment shall be six percent, and
    39  further  provided  that for all such gross receipts received on or after
    40  April first, two thousand twenty-one  through  March  thirty-first,  two
    41  thousand  twenty-three such assessment shall be six percent, and further
    42  provided that for all such gross receipts received  on  or  after  April
    43  first,  two  thousand twenty-three through March thirty-first, two thou-
    44  sand twenty-five such assessment shall be six percent.
    45    § 35. Section 3 of part MM of chapter 57 of the laws of 2021  amending
    46  the  public health law relating to aiding in the transition to adulthood
    47  for children with medical fragility living in  pediatric  nursing  homes
    48  and other settings is amended to read as follows:
    49    § 3. This act shall take effect on the one hundred twentieth day after
    50  it  shall  have become a law; provided however, that section one of this
    51  act shall expire and be deemed repealed  [two]  four  years  after  such
    52  effective date; and provided further, that section two of this act shall
    53  expire  and  be  deemed repealed [three] five years after such effective
    54  date.
    55    § 35-a. Subdivision b of section 12 of chapter 471 of the laws of 2016
    56  amending the education law and the public health law relating to author-

        A. 3007--B                         21
 
     1  izing  certain advanced home health aides to  perform  certain  advanced
     2  tasks, is amended to read as follows:
     3    b.  this  act  shall  expire  and  be  deemed repealed March 31, 2023;
     4  provided, however, that section eight of this act shall  expire  and  be
     5  deemed repealed March 31, 2032.
     6    §  35-b. Section 9 of part R of chapter 59 of the laws of 2016, amend-
     7  ing the public health law and the education law relating  to  electronic
     8  prescriptions,  as  amended by section 1 of part BB of chapter 56 of the
     9  laws of 2020, is amended to read as follows:
    10    § 9. This act shall take effect immediately;  provided  however,  that
    11  sections  one and two of this act shall take effect on the first of June
    12  next succeeding the date on which it shall have become a law  and  shall
    13  expire and be deemed repealed June 1, [2023] 2027.
    14    §  36.  This  act shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after April 1, 2023; provided,
    16  however, that the amendments to subdivision 6  of  section  366  of  the
    17  social  services  law  made by section four of this act shall not affect
    18  the repeal of such subdivision and shall be deemed  repealed  therewith;
    19  provided  further,  however, that the amendments to subparagraph (ii) of
    20  paragraph (c) of subdivision 11 of section 230 of the public health  law
    21  made  by section ten of this act shall not affect the expiration of such
    22  subparagraph and shall be  deemed  to  expire  therewith;  and  provided
    23  further,  however, that the amendments to the opening paragraph of para-
    24  graph (e) of subdivision 7 of section 367-a of the social  services  law
    25  made  by  section twenty-four of this act shall not affect the repeal of
    26  such paragraph and shall be deemed repealed therewith.
 
    27                                   PART C
 
    28    Section 1.  Section 34 of part A3 of chapter 62 of the  laws  of  2003
    29  amending  the  general  business law and other laws relating to enacting
    30  major components necessary to implement the state fiscal  plan  for  the
    31  2003-04  state fiscal year, as amended by section 1 of part Y of chapter
    32  56 of the laws of 2020, is amended to read as follows:
    33    § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
    34  regulation  and  effective  April 1, 2008 through March 31, [2023] 2026,
    35  the commissioner of health is authorized to transfer and the state comp-
    36  troller is authorized and directed to receive for deposit to the  credit
    37  of  the department of health's special revenue fund - other, health care
    38  reform act (HCRA) resources fund - 061, provider  collection  monitoring
    39  account,  within  amounts  appropriated each year, those funds collected
    40  and accumulated pursuant to section 2807-v of  the  public  health  law,
    41  including  income  from  invested  funds, for the purpose of payment for
    42  administrative costs of the department of  health  related  to  adminis-
    43  tration  of  statutory  duties  for  the  collections  and distributions
    44  authorized by section 2807-v of the public health law.
    45    (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
    46  lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
    47  commissioner of health is authorized to transfer  and  the  state  comp-
    48  troller  is authorized and directed to receive for deposit to the credit
    49  of the department of health's special revenue fund - other, health  care
    50  reform  act  (HCRA) resources fund - 061, provider collection monitoring
    51  account, within amounts appropriated each year,  those  funds  collected
    52  and  accumulated  and interest earned through surcharges on payments for
    53  health care services pursuant to section 2807-s of the public health law
    54  and from assessments pursuant to section 2807-t of the public health law

        A. 3007--B                         22

     1  for the purpose of payment for administrative costs of the department of
     2  health related to administration of statutory duties for the collections
     3  and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
     4  the public health law.
     5    (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
     6  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
     7  commissioner  of health is authorized to transfer and the comptroller is
     8  authorized to deposit, within  amounts  appropriated  each  year,  those
     9  funds  authorized  for distribution in accordance with the provisions of
    10  paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
    11  law  for the purposes of payment for administrative costs of the depart-
    12  ment of health related  to  the  child  health  insurance  plan  program
    13  authorized  pursuant to title 1-A of article 25 of the public health law
    14  into the special revenue funds - other, health care  reform  act  (HCRA)
    15  resources fund - 061, child health insurance account, established within
    16  the department of health.
    17    (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
    18  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    19  commissioner  of health is authorized to transfer and the comptroller is
    20  authorized to deposit, within  amounts  appropriated  each  year,  those
    21  funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
    22  2807-v of the public health law for the purpose of payment for  adminis-
    23  trative  costs  of the department of health related to administration of
    24  the state's tobacco control programs and cancer services provided pursu-
    25  ant to sections 2807-r and 1399-ii of the public health  law  into  such
    26  accounts established within the department of health for such purposes.
    27    (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
    28  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    29  commissioner  of health is authorized to transfer and the comptroller is
    30  authorized to deposit, within amounts appropriated each year, the  funds
    31  authorized for distribution in accordance with the provisions of section
    32  2807-l of the public health law for the purposes of payment for adminis-
    33  trative costs of the department of health related to the programs funded
    34  pursuant  to  section  2807-l  of the public health law into the special
    35  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    36  061,  pilot  health insurance account, established within the department
    37  of health.
    38    (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
    39  lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
    40  commissioner of health is authorized to transfer and the comptroller  is
    41  authorized  to  deposit,  within  amounts  appropriated each year, those
    42  funds authorized for distribution in accordance with the  provisions  of
    43  subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
    44  of the public health law from monies accumulated and interest earned  in
    45  the  bad  debt  and  charity care and capital statewide pools through an
    46  assessment charged to general hospitals pursuant to  the  provisions  of
    47  subdivision  18  of  section  2807-c  of the public health law and those
    48  funds authorized for distribution in accordance with the  provisions  of
    49  section  2807-l of the public health law for the purposes of payment for
    50  administrative costs of the department of  health  related  to  programs
    51  funded  under  section  2807-l of the public health law into the special
    52  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    53  061, primary care initiatives account, established within the department
    54  of health.
    55    (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
    56  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the

        A. 3007--B                         23
 
     1  commissioner  of health is authorized to transfer and the comptroller is
     2  authorized to deposit, within  amounts  appropriated  each  year,  those
     3  funds  authorized  for distribution in accordance with section 2807-l of
     4  the  public  health  law  for the purposes of payment for administrative
     5  costs of the department of  health  related  to  programs  funded  under
     6  section 2807-l of the public health law into the special revenue funds -
     7  other,  health  care reform act (HCRA) resources fund - 061, health care
     8  delivery administration account, established within  the  department  of
     9  health.
    10    (9)  Notwithstanding  any inconsistent provision of law, rule or regu-
    11  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    12  commissioner  of health is authorized to transfer and the comptroller is
    13  authorized to deposit, within  amounts  appropriated  each  year,  those
    14  funds  authorized  pursuant to sections 2807-d, 3614-a and 3614-b of the
    15  public health law and section 367-i of the social services law  and  for
    16  distribution  in  accordance  with  the  provisions  of subdivision 9 of
    17  section 2807-j of the public health law for the purpose of  payment  for
    18  administration of statutory duties for the collections and distributions
    19  authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
    20  and 3614-b of the public health law and  section  367-i  of  the  social
    21  services  law into the special revenue funds - other, health care reform
    22  act (HCRA) resources fund - 061, provider collection monitoring account,
    23  established within the department of health.
    24    § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  9  of
    25  section 2807-j of the public health law, as amended by section 2 of part
    26  Y of chapter 56 of the laws of 2020, are amended to read as follows:
    27    (iv)  seven  hundred  sixty-five million dollars annually of the funds
    28  accumulated for the periods January first, two thousand through December
    29  thirty-first, two thousand [twenty-two] twenty five, and
    30    (v) one hundred ninety-one million two hundred fifty thousand  dollars
    31  of  the  funds  accumulated  for  the period January first, two thousand
    32  [twenty-three]  twenty-six  through  March  thirty-first,  two  thousand
    33  [twenty-three] twenty-six.
    34    §  3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996,
    35  constituting the New York Health Care Reform Act of 1996, as amended  by
    36  section  3  of  part  Y of chapter 56 of the laws of 2020, is amended to
    37  read as follows:
    38    5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
    39  law,  as  amended  or as added by this act, shall expire on December 31,
    40  [2023] 2026, and shall be thereafter effective only in  respect  to  any
    41  act  done  on or before such date or action or proceeding arising out of
    42  such act including continued collections of funds from  assessments  and
    43  allowances  and  surcharges  established  pursuant  to  sections 2807-c,
    44  2807-j, 2807-s and 2807-t of the public health law,  and  administration
    45  and  distributions  of funds from pools established pursuant to sections
    46  2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
    47  health  law  related  to  patient  services provided before December 31,
    48  [2023] 2026, and continued expenditure of funds authorized for  programs
    49  and grants until the exhaustion of funds therefor;
    50    §  4.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
    51  constituting the New York Health Care Reform Act of 2000, as amended  by
    52  section  4  of  part  Y of chapter 56 of the laws of 2020, is amended to
    53  read as follows:
    54    1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
    55  law,  as  amended by this act, shall expire on December 31, [2023] 2026,
    56  and shall be thereafter effective only in respect to any act done before

        A. 3007--B                         24
 
     1  such date or action or proceeding arising  out  of  such  act  including
     2  continued  collections  of  funds  from  assessments  and allowances and
     3  surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
     4  2807-t of the public health law, and administration and distributions of
     5  funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
     6  2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
     7  health law, as amended or added by this act, related to patient services
     8  provided  before  December 31, [2023] 2026, and continued expenditure of
     9  funds authorized for programs and grants until the exhaustion  of  funds
    10  therefor;
    11    §  5. Section 2807-l of the public health law, as amended by section 5
    12  of part Y of chapter 56 of the laws of  2020,  is  amended  to  read  as
    13  follows:
    14    § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
    15  lated  in the health care initiatives pools pursuant to paragraph (b) of
    16  subdivision nine of section twenty-eight hundred seven-j of  this  arti-
    17  cle,  or  the  health  care reform act (HCRA) resources fund established
    18  pursuant to section ninety-two-dd of the state finance law, whichever is
    19  applicable, including income from invested funds, shall  be  distributed
    20  or retained by the commissioner or by the state comptroller, as applica-
    21  ble, in accordance with the following.
    22    (a)  Funds  shall  be  reserved  and accumulated from year to year and
    23  shall be available, including income from invested funds,  for  purposes
    24  of  distributions  to programs to provide health care coverage for unin-
    25  sured or underinsured children pursuant to sections twenty-five  hundred
    26  ten  and  twenty-five hundred eleven of this chapter from the respective
    27  health care initiatives pools established for the following  periods  in
    28  the following amounts:
    29    (i) from the pool for the period January first, nineteen hundred nine-
    30  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    31  up to one hundred twenty million six hundred thousand dollars;
    32    (ii) from the pool for the  period  January  first,  nineteen  hundred
    33  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    34  eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
    35  dollars;
    36    (iii)  from  the  pool  for the period January first, nineteen hundred
    37  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    38  up to one hundred eighty-one million dollars;
    39    (iv) from the pool for the period January first, two thousand  through
    40  December thirty-first, two thousand, two hundred seven million dollars;
    41    (v)  from  the  pool  for  the  period January first, two thousand one
    42  through December thirty-first, two thousand one, two hundred thirty-five
    43  million dollars;
    44    (vi) from the pool for the period  January  first,  two  thousand  two
    45  through  December  thirty-first, two thousand two, three hundred twenty-
    46  four million dollars;
    47    (vii) from the pool for the period January first, two  thousand  three
    48  through  December  thirty-first,  two thousand three, up to four hundred
    49  fifty million three hundred thousand dollars;
    50    (viii) from the pool for the period January first, two  thousand  four
    51  through  December  thirty-first,  two  thousand four, up to four hundred
    52  sixty million nine hundred thousand dollars;
    53    (ix) from the pool or the health  care  reform  act  (HCRA)  resources
    54  fund,  whichever  is applicable, for the period January first, two thou-
    55  sand five through December thirty-first, two thousand five,  up  to  one
    56  hundred fifty-three million eight hundred thousand dollars;

        A. 3007--B                         25
 
     1    (x)  from  the  health  care  reform act (HCRA) resources fund for the
     2  period January first, two thousand six  through  December  thirty-first,
     3  two  thousand  six, up to three hundred twenty-five million four hundred
     4  thousand dollars;
     5    (xi)  from  the  health  care reform act (HCRA) resources fund for the
     6  period January first, two thousand seven through December  thirty-first,
     7  two  thousand  seven, up to four hundred twenty-eight million fifty-nine
     8  thousand dollars;
     9    (xii) from the health care reform act (HCRA) resources  fund  for  the
    10  period  January first, two thousand eight through December thirty-first,
    11  two thousand ten, up to four hundred  fifty-three  million  six  hundred
    12  seventy-four thousand dollars annually;
    13    (xiii)  from  the health care reform act (HCRA) resources fund for the
    14  period January first, two thousand eleven, through  March  thirty-first,
    15  two  thousand  eleven,  up  to one hundred thirteen million four hundred
    16  eighteen thousand dollars;
    17    (xiv) from the health care reform act (HCRA) resources  fund  for  the
    18  period April first, two thousand eleven, through March thirty-first, two
    19  thousand  twelve,  up to three hundred twenty-four million seven hundred
    20  forty-four thousand dollars;
    21    (xv) from the health care reform act (HCRA)  resources  fund  for  the
    22  period April first, two thousand twelve, through March thirty-first, two
    23  thousand  thirteen,  up  to three hundred forty-six million four hundred
    24  forty-four thousand dollars;
    25    (xvi) from the health care reform act (HCRA) resources  fund  for  the
    26  period  April  first, two thousand thirteen, through March thirty-first,
    27  two thousand fourteen, up to three hundred seventy million  six  hundred
    28  ninety-five thousand dollars; and
    29    (xvii)  from the health care reform act (HCRA) resources fund for each
    30  state fiscal year for periods on and after  April  first,  two  thousand
    31  fourteen, within amounts appropriated.
    32    (b)  Funds  shall  be  reserved  and accumulated from year to year and
    33  shall be available, including income from invested funds,  for  purposes
    34  of  distributions  for  health  insurance  programs under the individual
    35  subsidy programs established pursuant to the expanded health care cover-
    36  age act of nineteen hundred eighty-eight as amended, and for  evaluation
    37  of  such  programs  from the respective health care initiatives pools or
    38  the health care reform act (HCRA) resources fund, whichever is  applica-
    39  ble, established for the following periods in the following amounts:
    40    (i)  (A)  an amount not to exceed six million dollars on an annualized
    41  basis for the  periods  January  first,  nineteen  hundred  ninety-seven
    42  through  December  thirty-first, nineteen hundred ninety-nine; up to six
    43  million dollars for the  period  January  first,  two  thousand  through
    44  December  thirty-first, two thousand; up to five million dollars for the
    45  period January first, two thousand one  through  December  thirty-first,
    46  two  thousand  one;  up  to  four million dollars for the period January
    47  first, two thousand two through December thirty-first, two thousand two;
    48  up to two million six hundred thousand dollars for  the  period  January
    49  first,  two  thousand  three through December thirty-first, two thousand
    50  three; up to one million three hundred thousand dollars for  the  period
    51  January  first,  two  thousand  four  through December thirty-first, two
    52  thousand four; up to six hundred seventy thousand dollars for the period
    53  January first, two thousand five through June  thirtieth,  two  thousand
    54  five;  up  to  one million three hundred thousand dollars for the period
    55  April first, two thousand six through March thirty-first,  two  thousand
    56  seven; and up to one million three hundred thousand dollars annually for

        A. 3007--B                         26
 
     1  the  period  April first, two thousand seven through March thirty-first,
     2  two thousand nine, shall be allocated to  individual  subsidy  programs;
     3  and
     4    (B)  an  amount  not  to exceed seven million dollars on an annualized
     5  basis for the periods during the period January first, nineteen  hundred
     6  ninety-seven through December thirty-first, nineteen hundred ninety-nine
     7  and  four  million  dollars  annually for the periods January first, two
     8  thousand through December thirty-first,  two  thousand  two,  and  three
     9  million dollars for the period January first, two thousand three through
    10  December  thirty-first,  two thousand three, and two million dollars for
    11  the period January first, two thousand  four  through  December  thirty-
    12  first, two thousand four, and two million dollars for the period January
    13  first, two thousand five through June thirtieth, two thousand five shall
    14  be allocated to the catastrophic health care expense program.
    15    (ii) Notwithstanding any law to the contrary, the characterizations of
    16  the  New  York state small business health insurance partnership program
    17  as in effect prior  to  June  thirtieth,  two  thousand  three,  voucher
    18  program  as  in effect prior to December thirty-first, two thousand one,
    19  individual subsidy program as in effect prior  to  June  thirtieth,  two
    20  thousand  five,  and  catastrophic  health  care  expense program, as in
    21  effect prior to June thirtieth, two thousand five, may, for the purposes
    22  of identifying matching funds for the community health  care  conversion
    23  demonstration  project  described in a waiver of the provisions of title
    24  XIX of the federal social security act granted to the state of New  York
    25  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
    26  be used to characterize the insurance programs in sections four thousand
    27  three  hundred  twenty-one-a,  four thousand three hundred twenty-two-a,
    28  four thousand three hundred twenty-six and four thousand  three  hundred
    29  twenty-seven of the insurance law, which are successor programs to these
    30  programs.
    31    (c)  Up to seventy-eight million dollars shall be reserved and accumu-
    32  lated from year to year from the pool  for  the  period  January  first,
    33  nineteen  hundred  ninety-seven  through December thirty-first, nineteen
    34  hundred ninety-seven, for purposes of  public  health  programs,  up  to
    35  seventy-six  million dollars shall be reserved and accumulated from year
    36  to year from the pools for the periods January first,  nineteen  hundred
    37  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    38  eight and January first, nineteen hundred ninety-nine  through  December
    39  thirty-first,  nineteen  hundred  ninety-nine, up to eighty-four million
    40  dollars shall be reserved and accumulated from year  to  year  from  the
    41  pools  for the period January first, two thousand through December thir-
    42  ty-first, two thousand, up  to  eighty-five  million  dollars  shall  be
    43  reserved and accumulated from year to year from the pools for the period
    44  January first, two thousand one through December thirty-first, two thou-
    45  sand one, up to eighty-six million dollars shall be reserved and accumu-
    46  lated from year to year from the pools for the period January first, two
    47  thousand  two  through  December  thirty-first,  two thousand two, up to
    48  eighty-six million one hundred fifty thousand dollars shall be  reserved
    49  and  accumulated from year to year from the pools for the period January
    50  first, two thousand three through December  thirty-first,  two  thousand
    51  three,  up  to fifty-eight million seven hundred eighty thousand dollars
    52  shall be reserved and accumulated from year to year from the  pools  for
    53  the  period  January  first,  two thousand four through December thirty-
    54  first, two thousand four, up to sixty-eight million seven hundred thirty
    55  thousand dollars shall be reserved and accumulated  from  year  to  year
    56  from  the  pools  or  the  health care reform act (HCRA) resources fund,

        A. 3007--B                         27
 
     1  whichever is applicable, for the period January first, two thousand five
     2  through December thirty-first, two  thousand  five,  up  to  ninety-four
     3  million three hundred fifty thousand dollars shall be reserved and accu-
     4  mulated  from  year  to  year  from  the  health  care reform act (HCRA)
     5  resources fund for the period January first, two  thousand  six  through
     6  December  thirty-first,  two  thousand  six,  up to seventy million nine
     7  hundred thirty-nine thousand dollars shall be reserved  and  accumulated
     8  from  year to year from the health care reform act (HCRA) resources fund
     9  for the period January first, two thousand seven through December  thir-
    10  ty-first,  two  thousand  seven,  up  to  fifty-five million six hundred
    11  eighty-nine thousand dollars annually shall be reserved and  accumulated
    12  from  year to year from the health care reform act (HCRA) resources fund
    13  for the period January first, two thousand eight through December  thir-
    14  ty-first,  two thousand ten, up to thirteen million nine hundred twenty-
    15  two thousand dollars shall be reserved and accumulated from year to year
    16  from the health care reform act (HCRA) resources  fund  for  the  period
    17  January first, two thousand eleven through March thirty-first, two thou-
    18  sand  eleven,  and  for  periods  on and after April first, two thousand
    19  eleven, up to funding amounts specified below and  shall  be  available,
    20  including income from invested funds, for:
    21    (i)  deposit by the commissioner, within amounts appropriated, and the
    22  state comptroller is hereby  authorized  and  directed  to  receive  for
    23  deposit  to, to the credit of the department of health's special revenue
    24  fund - other, hospital based grants program account or the  health  care
    25  reform  act (HCRA) resources fund, whichever is applicable, for purposes
    26  of services  and  expenses  related  to  general  hospital  based  grant
    27  programs,  up  to  twenty-two million dollars annually from the nineteen
    28  hundred ninety-seven pool, nineteen hundred ninety-eight pool,  nineteen
    29  hundred  ninety-nine  pool, two thousand pool, two thousand one pool and
    30  two thousand two pool, respectively, up to  twenty-two  million  dollars
    31  from  the  two  thousand  three  pool, up to ten million dollars for the
    32  period January first, two thousand four through  December  thirty-first,
    33  two  thousand  four, up to eleven million dollars for the period January
    34  first, two thousand five through  December  thirty-first,  two  thousand
    35  five, up to twenty-two million dollars for the period January first, two
    36  thousand  six  through  December  thirty-first,  two thousand six, up to
    37  twenty-two million ninety-seven thousand dollars annually for the period
    38  January first, two thousand seven  through  December  thirty-first,  two
    39  thousand  ten,  up  to  five  million  five hundred twenty-four thousand
    40  dollars for the period January first, two thousand eleven through  March
    41  thirty-first,  two  thousand eleven, up to thirteen million four hundred
    42  forty-five thousand dollars for the period  April  first,  two  thousand
    43  eleven  through March thirty-first, two thousand twelve, and up to thir-
    44  teen million three hundred  seventy-five  thousand  dollars  each  state
    45  fiscal  year  for  the  period  April first, two thousand twelve through
    46  March thirty-first, two thousand fourteen;
    47    (ii) deposit by the commissioner, within amounts appropriated, and the
    48  state comptroller is hereby  authorized  and  directed  to  receive  for
    49  deposit  to,  to  the  credit of the emergency medical services training
    50  account established in section ninety-seven-q of the state  finance  law
    51  or the health care reform act (HCRA) resources fund, whichever is appli-
    52  cable,  up  to  sixteen  million  dollars on an annualized basis for the
    53  periods January first, nineteen hundred  ninety-seven  through  December
    54  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
    55  for  the  period  January  first,  two thousand through December thirty-
    56  first, two thousand, up to twenty-one million  dollars  for  the  period

        A. 3007--B                         28
 
     1  January first, two thousand one through December thirty-first, two thou-
     2  sand one, up to twenty-two million dollars for the period January first,
     3  two  thousand two through December thirty-first, two thousand two, up to
     4  twenty-two  million  five  hundred fifty thousand dollars for the period
     5  January first, two thousand three  through  December  thirty-first,  two
     6  thousand  three,  up to nine million six hundred eighty thousand dollars
     7  for the period January first, two thousand four through  December  thir-
     8  ty-first,  two  thousand  four,  up to twelve million one hundred thirty
     9  thousand dollars for the period January first, two thousand five through
    10  December thirty-first, two thousand five, up to twenty-four million  two
    11  hundred  fifty  thousand dollars for the period January first, two thou-
    12  sand six through December thirty-first, two thousand six, up  to  twenty
    13  million four hundred ninety-two thousand dollars annually for the period
    14  January  first,  two  thousand  seven through December thirty-first, two
    15  thousand ten, up to  five  million  one  hundred  twenty-three  thousand
    16  dollars  for the period January first, two thousand eleven through March
    17  thirty-first, two thousand eleven, up to eighteen million three  hundred
    18  fifty  thousand  dollars for the period April first, two thousand eleven
    19  through March thirty-first, two thousand twelve, up to eighteen  million
    20  nine  hundred  fifty  thousand  dollars  for the period April first, two
    21  thousand twelve through March thirty-first, two thousand thirteen, up to
    22  nineteen million four hundred nineteen thousand dollars for  the  period
    23  April first, two thousand thirteen through March thirty-first, two thou-
    24  sand  fourteen,  and up to nineteen million six hundred fifty-nine thou-
    25  sand seven hundred dollars each state fiscal  year  for  the  period  of
    26  April first, two thousand fourteen through March thirty-first, two thou-
    27  sand [twenty-three] twenty-six;
    28    (iii)  priority  distributions  by  the  commissioner up to thirty-two
    29  million dollars on an annualized basis for the period January first, two
    30  thousand through December thirty-first, two thousand four, up  to  thir-
    31  ty-eight  million  dollars on an annualized basis for the period January
    32  first, two thousand five through  December  thirty-first,  two  thousand
    33  six,  up  to eighteen million two hundred fifty thousand dollars for the
    34  period January first, two thousand seven through December  thirty-first,
    35  two  thousand seven, up to three million dollars annually for the period
    36  January first, two thousand eight  through  December  thirty-first,  two
    37  thousand  ten, up to seven hundred fifty thousand dollars for the period
    38  January first, two thousand eleven through March thirty-first, two thou-
    39  sand eleven, up to two million nine hundred thousand dollars each  state
    40  fiscal  year  for  the  period  April first, two thousand eleven through
    41  March thirty-first, two thousand fourteen, and up to  two  million  nine
    42  hundred  thousand  dollars  each  state fiscal year for the period April
    43  first, two thousand fourteen through March  thirty-first,  two  thousand
    44  [twenty-three]  twenty-six  to  be allocated (A) for the purposes estab-
    45  lished pursuant to subparagraph (ii) of  paragraph  (f)  of  subdivision
    46  nineteen  of  section twenty-eight hundred seven-c of this article as in
    47  effect on December thirty-first, nineteen hundred ninety-six and as  may
    48  thereafter  be  amended,  up to fifteen million dollars annually for the
    49  periods January first, two thousand through December  thirty-first,  two
    50  thousand  four, up to twenty-one million dollars annually for the period
    51  January first, two thousand  five  through  December  thirty-first,  two
    52  thousand  six, and up to seven million five hundred thousand dollars for
    53  the period January first, two thousand seven through March thirty-first,
    54  two thousand seven;
    55    (B) pursuant to a memorandum of  understanding  entered  into  by  the
    56  commissioner,  the  majority leader of the senate and the speaker of the

        A. 3007--B                         29
 
     1  assembly, for the purposes outlined in such memorandum upon  the  recom-
     2  mendation  of  the  majority  leader  of the senate, up to eight million
     3  five hundred thousand dollars annually for the period January first, two
     4  thousand through December thirty-first, two thousand six, and up to four
     5  million two hundred fifty thousand dollars for the period January first,
     6  two  thousand  seven through June thirtieth, two thousand seven, and for
     7  the purposes outlined in such memorandum upon the recommendation of  the
     8  speaker  of  the  assembly,  up  to  eight million five hundred thousand
     9  dollars annually for the periods January  first,  two  thousand  through
    10  December  thirty-first,  two  thousand  six,  and up to four million two
    11  hundred fifty thousand dollars for the period January first,  two  thou-
    12  sand seven through June thirtieth, two thousand seven; and
    13    (C)  for services and expenses, including grants, related to emergency
    14  assistance distributions as designated by the  commissioner.    Notwith-
    15  standing  section  one  hundred twelve or one hundred sixty-three of the
    16  state finance law or any other contrary provision of law, such  distrib-
    17  utions shall be limited to providers or programs where, as determined by
    18  the  commissioner,  emergency assistance is vital to protect the life or
    19  safety of patients, to ensure the retention of  facility  caregivers  or
    20  other  staff, or in instances where health facility operations are jeop-
    21  ardized, or where the public health is jeopardized  or  other  emergency
    22  situations  exist,  up  to three million dollars annually for the period
    23  April first, two thousand seven through March thirty-first, two thousand
    24  eleven, up to two million  nine  hundred  thousand  dollars  each  state
    25  fiscal  year  for  the  period  April first, two thousand eleven through
    26  March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
    27  hundred  thousand  dollars  each  state fiscal year for the period April
    28  first, two thousand fourteen through March  thirty-first,  two  thousand
    29  seventeen,  up  to  two million nine hundred thousand dollars each state
    30  fiscal year for the period April first, two thousand  seventeen  through
    31  March  thirty-first,  two  thousand twenty, [and] up to two million nine
    32  hundred thousand dollars each state fiscal year  for  the  period  April
    33  first,  two  thousand  twenty  through  March thirty-first, two thousand
    34  twenty-three, and up to two million nine hundred thousand  dollars  each
    35  state  fiscal year for the period April first, two thousand twenty-three
    36  through March thirty-first, two thousand twenty-six. Upon  any  distrib-
    37  ution of such funds, the commissioner shall immediately notify the chair
    38  and  ranking minority member of the senate finance committee, the assem-
    39  bly ways and means committee, the senate committee on  health,  and  the
    40  assembly committee on health;
    41    (iv)  distributions  by  the  commissioner  related  to poison control
    42  centers pursuant to subdivision seven of section  twenty-five  hundred-d
    43  of  this  chapter,  up  to  five  million dollars for the period January
    44  first, nineteen  hundred  ninety-seven  through  December  thirty-first,
    45  nineteen hundred ninety-seven, up to three million dollars on an annual-
    46  ized  basis  for  the  periods during the period January first, nineteen
    47  hundred ninety-eight through  December  thirty-first,  nineteen  hundred
    48  ninety-nine, up to five million dollars annually for the periods January
    49  first,  two thousand through December thirty-first, two thousand two, up
    50  to four million six hundred thousand dollars annually  for  the  periods
    51  January  first,  two  thousand  three through December thirty-first, two
    52  thousand four, up to five million one hundred thousand dollars  for  the
    53  period  January  first, two thousand five through December thirty-first,
    54  two thousand six annually, up  to  five  million  one  hundred  thousand
    55  dollars  annually  for  the  period  January  first,  two thousand seven
    56  through December thirty-first, two thousand nine, up  to  three  million

        A. 3007--B                         30
 
     1  six  hundred thousand dollars for the period January first, two thousand
     2  ten through December thirty-first, two thousand ten, up to seven hundred
     3  seventy-five thousand dollars for the period January first, two thousand
     4  eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
     5  million five hundred thousand dollars each state  fiscal  year  for  the
     6  period  April first, two thousand eleven through March thirty-first, two
     7  thousand fourteen, up to three million dollars each  state  fiscal  year
     8  for  the period April first, two thousand fourteen through March thirty-
     9  first, two thousand seventeen, up to three million  dollars  each  state
    10  fiscal  year  for the period April first, two thousand seventeen through
    11  March thirty-first, two thousand  twenty,  [and]  up  to  three  million
    12  dollars  each state fiscal year for the period April first, two thousand
    13  twenty through March thirty-first, two thousand twenty-three, and up  to
    14  three million dollars each state fiscal year for the period April first,
    15  two thousand twenty-three through March thirty-first, two thousand twen-
    16  ty-six; and
    17    (v)  deposit by the commissioner, within amounts appropriated, and the
    18  state comptroller is hereby  authorized  and  directed  to  receive  for
    19  deposit  to, to the credit of the department of health's special revenue
    20  fund - other, miscellaneous special revenue  fund  -  339  maternal  and
    21  child  HIV  services  account  or  the  health  care  reform  act (HCRA)
    22  resources fund, whichever is  applicable,  for  purposes  of  a  special
    23  program  for  HIV services for women and children, including adolescents
    24  pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
    25  five  million  dollars annually for the periods January first, two thou-
    26  sand through December thirty-first, two thousand two, up to five million
    27  dollars for the period January first, two thousand three through  Decem-
    28  ber  thirty-first,  two  thousand  three, up to two million five hundred
    29  thousand dollars for the period January first, two thousand four through
    30  December thirty-first, two thousand four, up to two million five hundred
    31  thousand dollars for the period January first, two thousand five through
    32  December thirty-first, two thousand five, up to five million dollars for
    33  the period January first, two  thousand  six  through  December  thirty-
    34  first,  two  thousand  six,  up to five million dollars annually for the
    35  period January first, two thousand seven through December  thirty-first,
    36  two  thousand  ten, up to one million two hundred fifty thousand dollars
    37  for the period January first, two thousand eleven through March  thirty-
    38  first,  two  thousand  eleven, and up to five million dollars each state
    39  fiscal year for the period April  first,  two  thousand  eleven  through
    40  March thirty-first, two thousand fourteen;
    41    (d)  (i)  An  amount  of up to twenty million dollars annually for the
    42  period January first, two thousand through  December  thirty-first,  two
    43  thousand  six,  up  to ten million dollars for the period January first,
    44  two thousand seven through June thirtieth, two  thousand  seven,  up  to
    45  twenty  million dollars annually for the period January first, two thou-
    46  sand eight through December thirty-first, two thousand ten, up  to  five
    47  million  dollars  for  the  period  January  first,  two thousand eleven
    48  through March thirty-first, two thousand eleven, up to nineteen  million
    49  six hundred thousand dollars each state fiscal year for the period April
    50  first,  two  thousand  eleven  through  March thirty-first, two thousand
    51  fourteen, up to nineteen million six hundred thousand dollars each state
    52  fiscal year for the period April first, two  thousand  fourteen  through
    53  March  thirty-first,  two thousand seventeen, up to nineteen million six
    54  hundred thousand dollars each state fiscal year for the period of  April
    55  first,  two  thousand seventeen through March thirty-first, two thousand
    56  twenty, [and] up to nineteen million six hundred thousand  dollars  each

        A. 3007--B                         31
 
     1  state  fiscal  year  for  the period of April first, two thousand twenty
     2  through March thirty-first, two thousand twenty-three, and up  to  nine-
     3  teen million six hundred thousand dollars each state fiscal year for the
     4  period  of  April first, two thousand twenty-three through March thirty-
     5  first, two thousand twenty-six,  shall  be  transferred  to  the  health
     6  facility restructuring pool established pursuant to section twenty-eight
     7  hundred fifteen of this article;
     8    (ii)  provided,  however, amounts transferred pursuant to subparagraph
     9  (i) of this paragraph may be reduced in an amount to be approved by  the
    10  director  of  the budget to reflect the amount received from the federal
    11  government under the state's 1115 waiver which  is  directed  under  its
    12  terms and conditions to the health facility restructuring program.
    13    (f) Funds shall be accumulated and transferred from as follows:
    14    (i) from the pool for the period January first, nineteen hundred nine-
    15  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    16  (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
    17  ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
    18  subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
    19  article,  and  (B)  eighty-two  million dollars shall be transferred and
    20  deposited and credited to the credit of the state general  fund  medical
    21  assistance local assistance account;
    22    (ii)  from  the  pool  for  the period January first, nineteen hundred
    23  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    24  eight, eighty-two million dollars shall be transferred and deposited and
    25  credited  to  the  credit  of  the state general fund medical assistance
    26  local assistance account;
    27    (iii) from the pool for the period  January  first,  nineteen  hundred
    28  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    29  eighty-two  million dollars shall be transferred and deposited and cred-
    30  ited to the credit of the state general fund  medical  assistance  local
    31  assistance account;
    32    (iv)  from  the  pool  or  the health care reform act (HCRA) resources
    33  fund, whichever is applicable, for the period January first,  two  thou-
    34  sand  through  December  thirty-first,  two  thousand  four,  eighty-two
    35  million dollars annually, and for the period January first, two thousand
    36  five  through  December  thirty-first,  two  thousand  five,  eighty-two
    37  million  dollars,  and  for  the  period January first, two thousand six
    38  through December thirty-first,  two  thousand  six,  eighty-two  million
    39  dollars,  and  for  the period January first, two thousand seven through
    40  December thirty-first, two thousand seven, eighty-two  million  dollars,
    41  and  for  the  period January first, two thousand eight through December
    42  thirty-first, two thousand eight, ninety million seven hundred  thousand
    43  dollars  shall  be  deposited  by  the commissioner, and the state comp-
    44  troller is hereby authorized and directed to receive for deposit to  the
    45  credit  of  the  state special revenue fund - other, HCRA transfer fund,
    46  medical assistance account;
    47    (v) from the health care reform act  (HCRA)  resources  fund  for  the
    48  period  January  first, two thousand nine through December thirty-first,
    49  two thousand nine, one hundred eight million nine  hundred  seventy-five
    50  thousand  dollars,  and  for  the period January first, two thousand ten
    51  through December thirty-first, two thousand ten, one hundred  twenty-six
    52  million  one hundred thousand dollars, for the period January first, two
    53  thousand eleven through March thirty-first, two thousand eleven,  twenty
    54  million  five  hundred  thousand dollars, and for each state fiscal year
    55  for the period April first, two thousand eleven  through  March  thirty-
    56  first, two thousand fourteen, one hundred forty-six million four hundred

        A. 3007--B                         32
 
     1  thousand  dollars, shall be deposited by the commissioner, and the state
     2  comptroller is hereby authorized and directed to receive for deposit, to
     3  the credit of the state special revenue  fund  -  other,  HCRA  transfer
     4  fund, medical assistance account.
     5    (g)  Funds  shall be transferred to primary health care services pools
     6  created by the commissioner, and shall be  available,  including  income
     7  from invested funds, for distributions in accordance with former section
     8  twenty-eight hundred seven-bb of this article from the respective health
     9  care  initiatives  pools  for  the  following  periods  in the following
    10  percentage amounts of funds remaining after  allocations  in  accordance
    11  with paragraphs (a) through (f) of this subdivision:
    12    (i) from the pool for the period January first, nineteen hundred nine-
    13  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    14  fifteen and eighty-seven-hundredths percent;
    15    (ii) from the pool for the  period  January  first,  nineteen  hundred
    16  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    17  eight, fifteen and eighty-seven-hundredths percent; and
    18    (iii) from the pool for the period  January  first,  nineteen  hundred
    19  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    20  sixteen and thirteen-hundredths percent.
    21    (h)  Funds  shall be reserved and accumulated from year to year by the
    22  commissioner and shall be  available,  including  income  from  invested
    23  funds,  for  purposes of primary care education and training pursuant to
    24  article nine of this chapter from the respective health care initiatives
    25  pools established for the following periods in the following  percentage
    26  amounts  of  funds  remaining after allocations in accordance with para-
    27  graphs (a) through (f) of this subdivision and shall  be  available  for
    28  distributions as follows:
    29    (i) funds shall be reserved and accumulated:
    30    (A) from the pool for the period January first, nineteen hundred nine-
    31  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    32  six and thirty-five-hundredths percent;
    33    (B) from the pool for the period January first, nineteen hundred nine-
    34  ty-eight through December thirty-first, nineteen  hundred  ninety-eight,
    35  six and thirty-five-hundredths percent; and
    36    (C) from the pool for the period January first, nineteen hundred nine-
    37  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
    38  and forty-five-hundredths percent;
    39    (ii)  funds shall be available for distributions including income from
    40  invested funds as follows:
    41    (A) for purposes of the primary care physician loan repayment  program
    42  in  accordance  with  section  nine hundred three of this chapter, up to
    43  five million dollars on an annualized basis;
    44    (B) for purposes of the primary care practitioner scholarship  program
    45  in  accordance with section nine hundred four of this chapter, up to two
    46  million dollars on an annualized basis;
    47    (C) for purposes of minority participation in medical education grants
    48  in accordance with section nine hundred six of this chapter, up  to  one
    49  million dollars on an annualized basis; and
    50    (D)  provided, however, that the commissioner may reallocate any funds
    51  remaining or unallocated for distributions for the primary care  practi-
    52  tioner  scholarship program in accordance with section nine hundred four
    53  of this chapter.
    54    (i) Funds shall be reserved and accumulated  from  year  to  year  and
    55  shall  be  available, including income from invested funds, for distrib-
    56  utions in accordance with  section  twenty-nine  hundred  fifty-two  and

        A. 3007--B                         33
 
     1  section twenty-nine hundred fifty-eight of this chapter for rural health
     2  care  delivery  development  and  rural  health care access development,
     3  respectively, from the respective health care initiatives pools  or  the
     4  health  care  reform act (HCRA) resources fund, whichever is applicable,
     5  for the following periods in the following percentage amounts  of  funds
     6  remaining  after  allocations  in accordance with paragraphs (a) through
     7  (f) of this subdivision, and for periods on and after January first, two
     8  thousand, in the following amounts:
     9    (i) from the pool for the period January first, nineteen hundred nine-
    10  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    11  thirteen and forty-nine-hundredths percent;
    12    (ii)  from  the  pool  for  the period January first, nineteen hundred
    13  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    14  eight, thirteen and forty-nine-hundredths percent;
    15    (iii)  from  the  pool  for the period January first, nineteen hundred
    16  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    17  thirteen and seventy-one-hundredths percent;
    18    (iv) from the pool for the periods January first, two thousand through
    19  December thirty-first, two thousand two, seventeen million dollars annu-
    20  ally, and for the period  January  first,  two  thousand  three  through
    21  December  thirty-first,  two thousand three, up to fifteen million eight
    22  hundred fifty thousand dollars;
    23    (v) from the pool or the health care reform act (HCRA) resources fund,
    24  whichever is applicable, for the period January first, two thousand four
    25  through December thirty-first, two thousand four, up to fifteen  million
    26  eight  hundred fifty thousand dollars, for the period January first, two
    27  thousand five through December thirty-first, two thousand  five,  up  to
    28  nineteen  million  two  hundred thousand dollars, for the period January
    29  first, two thousand six through December thirty-first, two thousand six,
    30  up to nineteen million two hundred  thousand  dollars,  for  the  period
    31  January  first,  two  thousand  seven through December thirty-first, two
    32  thousand ten, up to eighteen million one hundred fifty thousand  dollars
    33  annually,  for  the  period  January  first, two thousand eleven through
    34  March thirty-first, two thousand eleven, up to four million five hundred
    35  thirty-eight thousand dollars, for each state fiscal year for the period
    36  April first, two thousand eleven through March thirty-first,  two  thou-
    37  sand fourteen, up to sixteen million two hundred thousand dollars, up to
    38  sixteen  million two hundred thousand dollars each state fiscal year for
    39  the period April first, two  thousand  fourteen  through  March  thirty-
    40  first,  two  thousand seventeen, up to sixteen million two hundred thou-
    41  sand dollars each state fiscal year for  the  period  April  first,  two
    42  thousand  seventeen  through  March  thirty-first,  two thousand twenty,
    43  [and] up to sixteen million two  hundred  thousand  dollars  each  state
    44  fiscal  year  for  the  period  April first, two thousand twenty through
    45  March thirty-first, two thousand twenty-three, and up to sixteen million
    46  two hundred thousand dollars each state fiscal year for the period April
    47  first, two thousand twenty-three through March thirty-first,  two  thou-
    48  sand twenty-six.
    49    (j)  Funds  shall  be  reserved  and accumulated from year to year and
    50  shall be available, including income from invested funds,  for  purposes
    51  of  distributions  related to health information and health care quality
    52  improvement pursuant to former section twenty-eight hundred  seven-n  of
    53  this  article  from  the respective health care initiatives pools estab-
    54  lished for the following periods in the following percentage amounts  of
    55  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    56  through (f) of this subdivision:

        A. 3007--B                         34
 
     1    (i) from the pool for the period January first, nineteen hundred nine-
     2  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
     3  six and thirty-five-hundredths percent;
     4    (ii)  from  the  pool  for  the period January first, nineteen hundred
     5  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
     6  eight, six and thirty-five-hundredths percent; and
     7    (iii)  from  the  pool  for the period January first, nineteen hundred
     8  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
     9  six and forty-five-hundredths percent.
    10    (k) Funds shall be reserved and accumulated  from  year  to  year  and
    11  shall  be  available,  including  income  from invested funds, for allo-
    12  cations  and  distributions  in  accordance  with  section  twenty-eight
    13  hundred  seven-p  of  this  article  for diagnostic and treatment center
    14  uncompensated care from the respective health care initiatives pools  or
    15  the  health care reform act (HCRA) resources fund, whichever is applica-
    16  ble, for the following periods in the following percentage   amounts  of
    17  funds  remaining  after  allocations  in  accordance with paragraphs (a)
    18  through (f) of this subdivision, and for periods on  and  after  January
    19  first, two thousand, in the following amounts:
    20    (i) from the pool for the period January first, nineteen hundred nine-
    21  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    22  thirty-eight and one-tenth percent;
    23    (ii) from the pool for the  period  January  first,  nineteen  hundred
    24  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    25  eight, thirty-eight and one-tenth percent;
    26    (iii) from the pool for the period  January  first,  nineteen  hundred
    27  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    28  thirty-eight and seventy-one-hundredths percent;
    29    (iv) from the pool for the periods January first, two thousand through
    30  December  thirty-first,  two  thousand  two, forty-eight million dollars
    31  annually, and for the period January first, two thousand  three  through
    32  June thirtieth, two thousand three, twenty-four million dollars;
    33    (v)  (A)  from the pool or the health care reform act (HCRA) resources
    34  fund, whichever is applicable, for the period July first,  two  thousand
    35  three  through  December  thirty-first,  two  thousand  three, up to six
    36  million dollars, for the period January first, two thousand four through
    37  December thirty-first, two thousand six, up to  twelve  million  dollars
    38  annually,  for  the  period  January  first,  two thousand seven through
    39  December thirty-first, two thousand thirteen, up to forty-eight  million
    40  dollars  annually,  for  the period January first, two thousand fourteen
    41  through March thirty-first, two thousand fourteen, up to twelve  million
    42  dollars  for the period April first, two thousand fourteen through March
    43  thirty-first, two thousand seventeen, up to forty-eight million  dollars
    44  annually,  for  the  period  April first, two thousand seventeen through
    45  March thirty-first, two  thousand  twenty,  up  to  forty-eight  million
    46  dollars  annually, [and] for the period April first, two thousand twenty
    47  through March thirty-first, two thousand twenty-three, up to forty-eight
    48  million dollars annually, and for the period April first,  two  thousand
    49  twenty-three  through March thirty-first, two thousand twenty-six, up to
    50  forty-eight million dollars annually;
    51    (B) from the health care reform act  (HCRA)  resources  fund  for  the
    52  period  January  first,  two thousand six through December thirty-first,
    53  two thousand six, an additional  seven  million  five  hundred  thousand
    54  dollars, for the period January first, two thousand seven through Decem-
    55  ber  thirty-first,  two  thousand  thirteen, an additional seven million
    56  five hundred thousand dollars annually, for the  period  January  first,

        A. 3007--B                         35
 
     1  two thousand fourteen through March thirty-first, two thousand fourteen,
     2  an  additional  one million eight hundred seventy-five thousand dollars,
     3  for the period April first, two thousand fourteen through March  thirty-
     4  first,  two thousand seventeen, an additional seven million five hundred
     5  thousand dollars annually, for the  period  April  first,  two  thousand
     6  seventeen through March thirty-first, two thousand twenty, an additional
     7  seven  million  five  hundred  thousand  dollars annually, [and] for the
     8  period April first, two thousand twenty through March thirty-first,  two
     9  thousand twenty-three, an additional seven million five hundred thousand
    10  dollars  annually,  and for the period April first, two thousand twenty-
    11  three through March thirty-first, two thousand twenty-six, an additional
    12  seven million five hundred thousand dollars annually for voluntary  non-
    13  profit  diagnostic and treatment center uncompensated care in accordance
    14  with subdivision four-c of section twenty-eight hundred seven-p of  this
    15  article; and
    16    (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
    17  periods on and after July first, two thousand three, shall be  deposited
    18  by  the  commissioner,  within amounts appropriated, and the state comp-
    19  troller is hereby authorized and directed to receive for deposit to  the
    20  credit  of  the state special revenue funds - other, HCRA transfer fund,
    21  medical assistance account, for purposes of funding the state  share  of
    22  rate  adjustments  made pursuant to section twenty-eight hundred seven-p
    23  of this article, provided, however, that in the event federal  financial
    24  participation  is  not  available  for rate adjustments made pursuant to
    25  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
    26  of this article, funds shall be distributed pursuant to paragraph (a) of
    27  subdivision one of section twenty-eight hundred seven-p of this  article
    28  from  the  respective  health  care initiatives pools or the health care
    29  reform act (HCRA) resources fund, whichever is applicable.
    30    (l) Funds shall be reserved and accumulated from year to year  by  the
    31  commissioner  and  shall  be  available,  including income from invested
    32  funds, for transfer to and allocation  for services and expenses for the
    33  payment of benefits to recipients of  drugs under the AIDS drug  assist-
    34  ance  program  (ADAP)  -  HIV  uninsured care program as administered by
    35  Health Research Incorporated from the  respective   health  care  initi-
    36  atives pools or the health care reform act (HCRA) resources fund, which-
    37  ever is applicable, established for the following periods in the follow-
    38  ing   percentage   amounts  of  funds  remaining  after  allocations  in
    39  accordance with paragraphs (a) through (f) of this subdivision, and  for
    40  periods  on  and  after  January  first,  two thousand, in the following
    41  amounts:
    42    (i) from the pool for the period January first, nineteen hundred nine-
    43  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    44  nine and fifty-two-hundredths percent;
    45    (ii)  from  the  pool  for  the period January first, nineteen hundred
    46  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    47  eight, nine and fifty-two-hundredths percent;
    48    (iii)  from  the  pool  for the period January first, nineteen hundred
    49  ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
    50  nine and sixty-eight-hundredths percent;
    51    (iv) from the pool for the periods January first, two thousand through
    52  December  thirty-first,  two  thousand two, up to twelve million dollars
    53  annually, and for the period January first, two thousand  three  through
    54  December  thirty-first, two thousand three, up to forty million dollars;
    55  and

        A. 3007--B                         36
 
     1    (v) from the pool or the health care reform act (HCRA) resources fund,
     2  whichever is applicable, for the periods  January  first,  two  thousand
     3  four  through  December thirty-first, two thousand four, up to fifty-six
     4  million dollars, for the period January first, two thousand five through
     5  December  thirty-first,  two  thousand  six, up to sixty million dollars
     6  annually, for the period  January  first,  two  thousand  seven  through
     7  December  thirty-first,  two  thousand  ten, up to sixty million dollars
     8  annually, for the period January  first,  two  thousand  eleven  through
     9  March  thirty-first, two thousand eleven, up to fifteen million dollars,
    10  each state fiscal year for the period April first, two  thousand  eleven
    11  through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
    12  million three hundred thousand dollars and up to forty-one million fifty
    13  thousand dollars each state fiscal year for the period April first,  two
    14  thousand  fourteen  through  March  thirty-first,  two thousand [twenty-
    15  three] twenty-six.
    16    (m) Funds shall be reserved and accumulated  from  year  to  year  and
    17  shall  be  available, including income from invested funds, for purposes
    18  of distributions pursuant to section  twenty-eight  hundred  seven-r  of
    19  this article for cancer related services from the respective health care
    20  initiatives  pools  or the health care reform act (HCRA) resources fund,
    21  whichever is applicable, established for the following  periods  in  the
    22  following  percentage  amounts  of  funds remaining after allocations in
    23  accordance with paragraphs (a) through (f) of this subdivision, and  for
    24  periods  on  and  after  January  first,  two thousand, in the following
    25  amounts:
    26    (i) from the pool for the period January first, nineteen hundred nine-
    27  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    28  seven and ninety-four-hundredths percent;
    29    (ii)  from  the  pool  for  the period January first, nineteen hundred
    30  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    31  eight, seven and ninety-four-hundredths percent;
    32    (iii)  from  the  pool  for the period January first, nineteen hundred
    33  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
    34  and forty-five-hundredths percent;
    35    (iv) from the pool for the period January first, two thousand  through
    36  December thirty-first, two thousand two, up to ten million dollars on an
    37  annual basis;
    38    (v)  from  the  pool  for the period January first, two thousand three
    39  through December thirty-first, two thousand four, up  to  eight  million
    40  nine hundred fifty thousand dollars on an annual basis;
    41    (vi)  from  the  pool  or  the health care reform act (HCRA) resources
    42  fund, whichever is applicable, for the period January first,  two  thou-
    43  sand  five  through  December  thirty-first, two thousand six, up to ten
    44  million fifty thousand dollars on an annual basis, for the period  Janu-
    45  ary  first,  two thousand seven through December thirty-first, two thou-
    46  sand ten, up to nineteen million dollars annually, and  for  the  period
    47  January first, two thousand eleven through March thirty-first, two thou-
    48  sand eleven, up to four million seven hundred fifty thousand dollars.
    49    (n)  Funds  shall  be accumulated and transferred from the health care
    50  reform act (HCRA) resources fund as follows: for the period April first,
    51  two thousand seven through March thirty-first, two thousand  eight,  and
    52  on  an  annual  basis  for  the  periods April first, two thousand eight
    53  through November thirtieth, two  thousand  nine,  funds  within  amounts
    54  appropriated  shall  be  transferred  and  deposited and credited to the
    55  credit of the state special revenue funds - other, HCRA  transfer  fund,
    56  medical  assistance  account, for purposes of funding the state share of

        A. 3007--B                         37
 
     1  rate adjustments made to public and voluntary  hospitals  in  accordance
     2  with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
     3  hundred seven-c of this article.
     4    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
     5  lation, any funds accumulated  in  the  health  care  initiatives  pools
     6  pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
     7  hundred seven-j of this article, as a result of surcharges,  assessments
     8  or  other obligations during the periods January first, nineteen hundred
     9  ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
    10  nine, which are unused or uncommitted for distributions pursuant to this
    11  section  shall  be  reserved  and  accumulated  from year to year by the
    12  commissioner and, within amounts appropriated, transferred and deposited
    13  into the special revenue funds - other,  miscellaneous  special  revenue
    14  fund  -  339,  child  health  insurance account or any successor fund or
    15  account, for purposes of distributions to  implement  the  child  health
    16  insurance  program  established pursuant to sections twenty-five hundred
    17  ten and twenty-five hundred eleven of this chapter for  periods  on  and
    18  after January first, two thousand one; provided, however, funds reserved
    19  and  accumulated  for  priority  distributions  pursuant to subparagraph
    20  (iii) of paragraph (c) of subdivision one of this section shall  not  be
    21  transferred  and  deposited  into such account pursuant to this subdivi-
    22  sion; and provided further, however, that any unused or uncommitted pool
    23  funds accumulated and allocated pursuant to paragraph (j) of subdivision
    24  one of this section shall be distributed  for  purposes  of  the  health
    25  information and quality improvement act of 2000.
    26    3.  Revenue  from  distributions pursuant to this section shall not be
    27  included in gross revenue  received  for  purposes  of  the  assessments
    28  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
    29  of  this article, subject to the provisions of paragraph (e) of subdivi-
    30  sion eighteen of section twenty-eight hundred seven-c of  this  article,
    31  and  shall not be included in gross revenue received for purposes of the
    32  assessments pursuant to section twenty-eight  hundred  seven-d  of  this
    33  article,  subject  to  the  provisions  of subdivision twelve of section
    34  twenty-eight hundred seven-d of this article.
    35    § 6. Subdivision 5-a of section 2807-m of the public  health  law,  as
    36  amended  by  section  6  of part Y of chapter 56 of the laws of 2020, is
    37  amended to read as follows:
    38    5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
    39  distributions.  (i)  Thirty-one  million  dollars for the period January
    40  first, two thousand eight through December  thirty-first,  two  thousand
    41  eight,  shall  be  set  aside  and reserved by the commissioner from the
    42  regional pools established pursuant to subdivision two of  this  section
    43  and shall be available for distributions pursuant to subdivision five of
    44  this  section  and in accordance with section 86-1.89 of title 10 of the
    45  codes, rules and regulations of the state of New York as  in  effect  on
    46  January  first,  two  thousand eight; provided, however, for purposes of
    47  funding the empire clinical research investigation  program  (ECRIP)  in
    48  accordance  with paragraph eight of subdivision (e) and paragraph two of
    49  subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
    50  regulations  of the state of New York, distributions shall be made using
    51  two regions defined as New York city and the rest of the state  and  the
    52  dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
    53  sion  (f)  of  section 86-1.89 of title 10 of the codes, rules and regu-
    54  lations of the state of New York shall be increased from sixty  thousand
    55  dollars to seventy-five thousand dollars.

        A. 3007--B                         38
 
     1    (ii)  For  periods  on  and  after  January  first, two thousand nine,
     2  supplemental distributions pursuant to subdivision five of this  section
     3  and  in  accordance with section 86-1.89 of title 10 of the codes, rules
     4  and regulations of the state of New York shall no longer be made and the
     5  provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
     6  lations of the state of New York shall be null and void.
     7    (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
     8  million  one  hundred  twenty  thousand  dollars annually for the period
     9  January first, two thousand  nine  through  December  thirty-first,  two
    10  thousand  ten,  and  two million two hundred eighty thousand dollars for
    11  the period January first, two thousand  eleven,  through  March  thirty-
    12  first,  two  thousand  eleven,  nine million one hundred twenty thousand
    13  dollars each state fiscal year for the period April first, two  thousand
    14  eleven  through  March  thirty-first, two thousand fourteen, up to eight
    15  million six hundred twelve thousand dollars each state fiscal  year  for
    16  the  period  April  first,  two  thousand fourteen through March thirty-
    17  first, two thousand seventeen, up to eight million  six  hundred  twelve
    18  thousand  dollars each state fiscal year for the period April first, two
    19  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
    20  [and] up to eight million six hundred twelve thousand dollars each state
    21  fiscal  year  for  the  period  April first, two thousand twenty through
    22  March thirty-first, two thousand twenty-three, and up to  eight  million
    23  six hundred twelve thousand dollars each state fiscal year for the peri-
    24  od  April  first,  two thousand twenty-three through March thirty-first,
    25  two thousand twenty-six, shall be set aside and reserved by the  commis-
    26  sioner  from  the regional pools established pursuant to subdivision two
    27  of this section to be allocated regionally with two-thirds of the avail-
    28  able funding going to New York city and one-third of the available fund-
    29  ing going to the rest of the state and shall be available  for  distrib-
    30  ution as follows:
    31    Distributions  shall  first  be made to consortia and teaching general
    32  hospitals for the empire clinical research investigator program  (ECRIP)
    33  to  help  secure federal funding for biomedical research, train clinical
    34  researchers, recruit national leaders as faculty to act as mentors,  and
    35  train  residents  and  fellows  in  biomedical  research skills based on
    36  hospital-specific data submitted to the commissioner  by  consortia  and
    37  teaching general hospitals in accordance with clause (G) of this subpar-
    38  agraph.  Such distributions shall be made in accordance with the follow-
    39  ing methodology:
    40    (A) The greatest number of clinical research  positions  for  which  a
    41  consortium  or  teaching general hospital may be funded pursuant to this
    42  subparagraph shall be one percent  of  the  total  number  of  residents
    43  training  at  the consortium or teaching general hospital on July first,
    44  two thousand eight for the  period  January  first,  two  thousand  nine
    45  through December thirty-first, two thousand nine rounded up to the near-
    46  est one position.
    47    (B)  Distributions  made  to a consortium or teaching general hospital
    48  shall equal the product of the total number of clinical  research  posi-
    49  tions  submitted  by  a  consortium  or  teaching  general  hospital and
    50  accepted by the commissioner as meeting the criteria set forth in  para-
    51  graph  (b)  of subdivision one of this section, subject to the reduction
    52  calculation set forth in clause (C)  of  this  subparagraph,  times  one
    53  hundred ten thousand dollars.
    54    (C)  If  the  dollar  amount for the total number of clinical research
    55  positions in the region  calculated  pursuant  to  clause  (B)  of  this
    56  subparagraph  exceeds the total amount appropriated for purposes of this

        A. 3007--B                         39
 
     1  paragraph, including clinical research positions that continue from  and
     2  were funded in prior distribution periods, the commissioner shall elimi-
     3  nate  one-half  of  the  clinical  research  positions submitted by each
     4  consortium  or teaching general hospital rounded down to the nearest one
     5  position. Such reduction shall be repeated until the dollar  amount  for
     6  the  total  number of clinical research positions in the region does not
     7  exceed the total amount appropriated for purposes of this paragraph.  If
     8  the  repeated  reduction  of the total number of clinical research posi-
     9  tions in the region by one-half does not render a total  funding  amount
    10  that  is equal to or less than the total amount reserved for that region
    11  within the appropriation, the funding for each clinical  research  posi-
    12  tion  in  that  region  shall  be reduced proportionally in one thousand
    13  dollar increments until the total dollar amount for the total number  of
    14  clinical  research  positions  in  that region does not exceed the total
    15  amount reserved for that region within the appropriation. Any  reduction
    16  in  funding will be effective for the duration of the award. No clinical
    17  research positions that continue from and were funded in prior  distrib-
    18  ution periods shall be eliminated or reduced by such methodology.
    19    (D)  Each  consortium  or  teaching general hospital shall receive its
    20  annual distribution amount in accordance with the following:
    21    (I) Each consortium or teaching general hospital with a one-year ECRIP
    22  award  shall  receive  its  annual  distribution  amount  in  full  upon
    23  completion of the requirements set forth in items (I) and (II) of clause
    24  (G)  of  this subparagraph. The requirements set forth in items (IV) and
    25  (V) of clause (G) of this subparagraph must be completed by the  consor-
    26  tium  or teaching general hospital in order for the consortium or teach-
    27  ing general hospital to be eligible to apply for ECRIP  funding  in  any
    28  subsequent funding cycle.
    29    (II)  Each  consortium  or  teaching  general hospital with a two-year
    30  ECRIP award shall receive its first annual distribution amount  in  full
    31  upon  completion  of the requirements set forth in items (I) and (II) of
    32  clause (G) of this subparagraph. Each  consortium  or  teaching  general
    33  hospital will receive its second annual distribution amount in full upon
    34  completion  of the requirements set forth in item (III) of clause (G) of
    35  this subparagraph. The requirements set forth in items (IV) and  (V)  of
    36  clause  (G)  of this subparagraph must be completed by the consortium or
    37  teaching general hospital in order for the consortium or teaching gener-
    38  al hospital to be eligible to apply for ECRIP funding in any  subsequent
    39  funding cycle.
    40    (E)  Each  consortium  or teaching general hospital receiving distrib-
    41  utions pursuant to this subparagraph shall reserve seventy-five thousand
    42  dollars to primarily fund salary and fringe  benefits  of  the  clinical
    43  research  position  with  the remainder going to fund the development of
    44  faculty who are involved in biomedical research, training  and  clinical
    45  care.
    46    (F)  Undistributed  or  returned  funds  available  to  fund  clinical
    47  research positions pursuant to this paragraph for a distribution  period
    48  shall  be  available to fund clinical research positions in a subsequent
    49  distribution period.
    50    (G) In order to be eligible for distributions pursuant to this subpar-
    51  agraph, each consortium and teaching general hospital shall  provide  to
    52  the  commissioner by July first of each distribution period, the follow-
    53  ing data and information on a hospital-specific  basis.  Such  data  and
    54  information  shall  be  certified as to accuracy and completeness by the
    55  chief executive officer, chief financial officer or chair of the consor-
    56  tium governing body of each consortium or teaching general hospital  and

        A. 3007--B                         40
 
     1  shall be maintained by each consortium and teaching general hospital for
     2  five years from the date of submission:
     3    (I)  For  each  clinical  research  position, information on the type,
     4  scope, training objectives,  institutional  support,  clinical  research
     5  experience of the sponsor-mentor, plans for submitting research outcomes
     6  to  peer reviewed journals and at scientific meetings, including a meet-
     7  ing sponsored by the department, the name of a principal contact  person
     8  responsible for tracking the career development of researchers placed in
     9  clinical  research positions, as defined in paragraph (c) of subdivision
    10  one of this section, and who is authorized to certify to the commission-
    11  er that all the requirements of the clinical  research  training  objec-
    12  tives  set  forth  in this subparagraph shall be met. Such certification
    13  shall be provided by July first of each distribution period;
    14    (II) For each clinical research position,  information  on  the  name,
    15  citizenship  status, medical education and training, and medical license
    16  number of the researcher, if applicable, shall be provided  by  December
    17  thirty-first of the calendar year following the distribution period;
    18    (III)  Information on the status of the clinical research plan, accom-
    19  plishments, changes in research activities, progress, and performance of
    20  the researcher shall be provided upon  completion  of  one-half  of  the
    21  award term;
    22    (IV)  A  final report detailing training experiences, accomplishments,
    23  activities and performance of the clinical researcher, and  data,  meth-
    24  ods,  results  and  analyses  of  the  clinical  research  plan shall be
    25  provided three months after the clinical research position ends; and
    26    (V) Tracking information concerning past  researchers,  including  but
    27  not  limited  to (A) background information, (B) employment history, (C)
    28  research status, (D) current research activities, (E)  publications  and
    29  presentations,  (F)  research  support,  and  (G)  any other information
    30  necessary to track the researcher; and
    31    (VI) Any other data or information required  by  the  commissioner  to
    32  implement this subparagraph.
    33    (H)  Notwithstanding  any  inconsistent provision of this subdivision,
    34  for periods on and after April first, two thousand thirteen, ECRIP grant
    35  awards shall be made in accordance with rules and regulations promulgat-
    36  ed by the commissioner. Such regulations shall, at a minimum:
    37    (1) provide that ECRIP grant awards shall be made with  the  objective
    38  of  securing  federal funding for biomedical research, training clinical
    39  researchers, recruiting national leaders as faculty to act  as  mentors,
    40  and training residents and fellows in biomedical research skills;
    41    (2)  provide that ECRIP grant applicants may include interdisciplinary
    42  research teams comprised of teaching general hospitals acting in collab-
    43  oration with entities including but  not  limited  to  medical  centers,
    44  hospitals, universities and local health departments;
    45    (3) provide that applications for ECRIP grant awards shall be based on
    46  such  information requested by the commissioner, which shall include but
    47  not be limited to hospital-specific data;
    48    (4) establish the qualifications for  investigators  and  other  staff
    49  required for grant projects eligible for ECRIP grant awards; and
    50    (5)  establish a methodology for the distribution of funds under ECRIP
    51  grant awards.
    52    (c) Physician loan repayment program. One million nine  hundred  sixty
    53  thousand  dollars  for  the  period  January  first,  two thousand eight
    54  through December thirty-first, two  thousand  eight,  one  million  nine
    55  hundred  sixty  thousand dollars for the period January first, two thou-
    56  sand nine through December thirty-first, two thousand nine, one  million

        A. 3007--B                         41

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

        A. 3007--B                         42
 
     1    (d) Physician practice support. Four  million  nine  hundred  thousand
     2  dollars  for the period January first, two thousand eight through Decem-
     3  ber thirty-first, two thousand eight, four million nine hundred thousand
     4  dollars annually for the period January first, two thousand nine through
     5  December  thirty-first,  two thousand ten, one million two hundred twen-
     6  ty-five thousand dollars for the  period  January  first,  two  thousand
     7  eleven  through  March  thirty-first,  two thousand eleven, four million
     8  three hundred thousand dollars each state fiscal  year  for  the  period
     9  April  first,  two thousand eleven through March thirty-first, two thou-
    10  sand fourteen, up to four million three hundred sixty  thousand  dollars
    11  each state fiscal year for the period April first, two thousand fourteen
    12  through  March  thirty-first, two thousand seventeen, up to four million
    13  three hundred sixty thousand dollars for each state fiscal year for  the
    14  period  April  first, two thousand seventeen through March thirty-first,
    15  two thousand twenty, [and] up to four million three hundred sixty  thou-
    16  sand  dollars for each fiscal year for the period April first, two thou-
    17  sand twenty through March thirty-first, two thousand  twenty-three,  and
    18  up  to four million three hundred sixty thousand dollars for each fiscal
    19  year for the period April first, two thousand twenty-three through March
    20  thirty-first, two thousand twenty-six, shall be set aside  and  reserved
    21  by  the  commissioner  from  the  regional pools established pursuant to
    22  subdivision two of this section and shall be available for  purposes  of
    23  physician  practice  support.  Notwithstanding any contrary provision of
    24  this section, sections one hundred twelve and one hundred sixty-three of
    25  the state finance law, or any other  contrary  provision  of  law,  such
    26  funding  shall be allocated regionally with one-third of available funds
    27  going to New York city and two-thirds of available funds  going  to  the
    28  rest  of the state and shall be distributed in a manner to be determined
    29  by the commissioner without a competitive bid or  request  for  proposal
    30  process as follows:
    31    (i)  Preference in funding shall first be accorded to teaching general
    32  hospitals for up to twenty-five awards, to  support  costs  incurred  by
    33  physicians  trained in primary or specialty tracks who thereafter estab-
    34  lish or join practices in underserved communities, as determined by  the
    35  commissioner.
    36    (ii)  After  distributions in accordance with subparagraph (i) of this
    37  paragraph, all remaining funds shall be awarded to physicians to support
    38  the cost of establishing or joining practices  in  underserved  communi-
    39  ties,  as  determined  by  the  commissioner, and to hospitals and other
    40  health care providers to recruit new physicians to provide  services  in
    41  underserved communities, as determined by the commissioner.
    42    (iii)  In no case shall less than fifty percent of the funds available
    43  pursuant to this  paragraph  be  distributed  to  general  hospitals  in
    44  accordance with subparagraphs (i) and (ii) of this paragraph.
    45    (e)  Work  group.  For  funding  available  pursuant to paragraphs (c)
    46  [and], (d) and (e) of this subdivision:
    47    (i) The department shall appoint a  work  group  from  recommendations
    48  made  by  associations  representing  physicians,  general hospitals and
    49  other health care facilities to develop a streamlined application  proc-
    50  ess by June first, two thousand twelve.
    51    (ii) Subject to available funding, applications shall be accepted on a
    52  continuous  basis.  The department shall provide technical assistance to
    53  applicants to facilitate their completion of applications. An  applicant
    54  shall  be  notified  in  writing  by  the  department within ten days of
    55  receipt of an application as to whether the application is complete  and
    56  if  the  application is incomplete, what information is outstanding. The

        A. 3007--B                         43
 
     1  department shall act on an application within thirty days of receipt  of
     2  a complete application.
     3    (f) Study on physician workforce. Five hundred ninety thousand dollars
     4  annually for the period January first, two thousand eight through Decem-
     5  ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
     6  dollars for the period January first, two thousand eleven through  March
     7  thirty-first, two thousand eleven, five hundred sixteen thousand dollars
     8  each  state  fiscal year for the period April first, two thousand eleven
     9  through March thirty-first, two thousand fourteen, up  to  four  hundred
    10  eighty-seven  thousand  dollars  each  state  fiscal year for the period
    11  April first, two thousand fourteen through March thirty-first, two thou-
    12  sand seventeen, up to four hundred  eighty-seven  thousand  dollars  for
    13  each  state  fiscal year for the period April first, two thousand seven-
    14  teen through March thirty-first, two thousand twenty, [and] up  to  four
    15  hundred  eighty-seven  thousand  dollars  each state fiscal year for the
    16  period April first, two thousand twenty through March thirty-first,  two
    17  thousand  twenty-three,  and  up  to  four hundred eighty-seven thousand
    18  dollars each state fiscal year for the period April first, two  thousand
    19  twenty-three  through March thirty-first, two thousand twenty-six, shall
    20  be set aside and reserved by the commissioner from  the  regional  pools
    21  established  pursuant  to  subdivision  two of this section and shall be
    22  available to fund a study of physician  workforce  needs  and  solutions
    23  including,  but  not  limited  to, an analysis of residency programs and
    24  projected physician workforce  and  community  needs.  The  commissioner
    25  shall  enter  into  agreements with one or more organizations to conduct
    26  such study based on a request for proposal process.
    27    (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
    28  any  inconsistent provision of section one hundred twelve or one hundred
    29  sixty-three of the state finance law or any other law, one million  nine
    30  hundred  sixty  thousand  dollars annually for the period January first,
    31  two thousand eight through December thirty-first, two thousand ten, four
    32  hundred ninety thousand dollars for the period January first, two  thou-
    33  sand eleven through March thirty-first, two thousand eleven, one million
    34  seven  hundred  thousand  dollars  each state fiscal year for the period
    35  April first, two thousand eleven through March thirty-first,  two  thou-
    36  sand  fourteen, up to one million six hundred five thousand dollars each
    37  state fiscal year for the period  April  first,  two  thousand  fourteen
    38  through  March  thirty-first,  two thousand seventeen, up to one million
    39  six hundred five thousand dollars each state fiscal year for the  period
    40  April  first,  two  thousand  seventeen  through March thirty-first, two
    41  thousand twenty, [and] up to  one  million  six  hundred  five  thousand
    42  dollars  each state fiscal year for the period April first, two thousand
    43  twenty through March thirty-first, two thousand twenty-three, and up  to
    44  one million six hundred five thousand dollars each state fiscal year for
    45  the  period April first, two thousand twenty-three through March thirty-
    46  first, two thousand twenty-six, shall be set aside and reserved  by  the
    47  commissioner from the regional pools established pursuant to subdivision
    48  two  of  this  section  and  shall be available for distributions to the
    49  Associated Medical Schools of New York to  fund  its  diversity  program
    50  including  existing and new post-baccalaureate programs for minority and
    51  economically disadvantaged students and encourage participation from all
    52  medical schools in New York. The associated medical schools of New  York
    53  shall report to the commissioner on an annual basis regarding the use of
    54  funds  for  such  purpose  in  such  form and manner as specified by the
    55  commissioner.

        A. 3007--B                         44
 
     1    (h) In the event there are undistributed  funds  within  amounts  made
     2  available for distributions pursuant to this subdivision, such funds may
     3  be  reallocated  and  distributed  in current or subsequent distribution
     4  periods in a manner determined by the commissioner for any  purpose  set
     5  forth in this subdivision.
     6    §  7.  Subdivision  4-c of section 2807-p of the public health law, as
     7  amended by section 10 of part Y of chapter 56 of the laws  of  2020,  is
     8  amended to read as follows:
     9    4-c. Notwithstanding any provision of law to the contrary, the commis-
    10  sioner  shall  make additional payments for uncompensated care to volun-
    11  tary non-profit diagnostic and treatment centers that are  eligible  for
    12  distributions  under  subdivision  four of this section in the following
    13  amounts: for the period June first, two thousand  six  through  December
    14  thirty-first,  two  thousand  six,  in  the amount of seven million five
    15  hundred thousand dollars, for the period  January  first,  two  thousand
    16  seven  through  December thirty-first, two thousand seven, seven million
    17  five hundred thousand dollars, for the period January first,  two  thou-
    18  sand  eight  through  December  thirty-first,  two thousand eight, seven
    19  million five hundred thousand dollars, for the period January first, two
    20  thousand nine through December thirty-first, two thousand nine,  fifteen
    21  million five hundred thousand dollars, for the period January first, two
    22  thousand  ten  through  December  thirty-first,  two thousand ten, seven
    23  million five hundred thousand dollars, for the period January first, two
    24  thousand eleven though December thirty-first, two thousand eleven, seven
    25  million five hundred thousand dollars, for the period January first, two
    26  thousand twelve through  December  thirty-first,  two  thousand  twelve,
    27  seven  million  five  hundred  thousand  dollars, for the period January
    28  first, two thousand thirteen through December thirty-first, two thousand
    29  thirteen, seven million five hundred thousand dollars,  for  the  period
    30  January  first, two thousand fourteen through December thirty-first, two
    31  thousand fourteen, seven million five hundred thousand dollars, for  the
    32  period  January  first,  two  thousand  fifteen through December thirty-
    33  first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
    34  dollars,  for  the  period  January  first  two thousand sixteen through
    35  December thirty-first, two thousand sixteen, seven million five  hundred
    36  thousand  dollars,  for the period January first, two thousand seventeen
    37  through December thirty-first, two  thousand  seventeen,  seven  million
    38  five  hundred  thousand dollars, for the period January first, two thou-
    39  sand eighteen through  December  thirty-first,  two  thousand  eighteen,
    40  seven  million  five  hundred  thousand  dollars, for the period January
    41  first, two thousand nineteen through December thirty-first, two thousand
    42  nineteen, seven million five hundred thousand dollars,  for  the  period
    43  January  first,  two  thousand twenty through December thirty-first, two
    44  thousand twenty, seven million five hundred thousand  dollars,  for  the
    45  period  January  first, two thousand twenty-one through December thirty-
    46  first, two thousand twenty-one,  seven  million  five  hundred  thousand
    47  dollars,  for  the period January first, two thousand twenty-two through
    48  December thirty-first,  two  thousand  twenty-two,  seven  million  five
    49  hundred  thousand  dollars,  for  the period January first, two thousand
    50  twenty-three through December thirty-first, two  thousand  twenty-three,
    51  seven  million  five  hundred  thousand  dollars, for the period January
    52  first, two thousand twenty-four through December thirty-first, two thou-
    53  sand twenty-four, seven million five hundred thousand dollars,  for  the
    54  period  January first, two thousand twenty-five through December thirty-
    55  first, two thousand twenty-five, seven  million  five  hundred  thousand
    56  dollars,  and  for the period January first, two thousand [twenty-three]

        A. 3007--B                         45
 
     1  twenty-six through March thirty-first, two thousand [twenty-three] twen-
     2  ty-six, in the amount of  one  million  six  hundred  thousand  dollars,
     3  provided,  however,  that  for  periods  on and after January first, two
     4  thousand  eight, such additional payments shall be distributed to volun-
     5  tary, non-profit diagnostic and treatment centers and to public diagnos-
     6  tic and treatment centers in accordance with paragraph (g)  of  subdivi-
     7  sion  four  of  this  section.  In  the  event  that  federal  financial
     8  participation  is  available  for  rate  adjustments  pursuant  to  this
     9  section, the commissioner shall make such payments as additional adjust-
    10  ments to rates of payment for voluntary non-profit diagnostic and treat-
    11  ment  centers  that  are  eligible  for  distributions under subdivision
    12  four-a of this section in the following amounts:  for  the  period  June
    13  first, two thousand six through December thirty-first, two thousand six,
    14  fifteen  million  dollars  in  the aggregate, and for the period January
    15  first, two thousand seven through June thirtieth,  two  thousand  seven,
    16  seven  million  five  hundred  thousand  dollars  in  the aggregate. The
    17  amounts allocated pursuant to this paragraph shall  be  aggregated  with
    18  and  distributed  pursuant  to  the  same  methodology applicable to the
    19  amounts allocated to such diagnostic  and  treatment  centers  for  such
    20  periods  pursuant  to subdivision four of this section if federal finan-
    21  cial participation is not available, or pursuant to  subdivision  four-a
    22  of  this  section  if  federal  financial  participation  is  available.
    23  Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
    24  services  law,  there  shall  be  no local share in a medical assistance
    25  payment adjustment under this subdivision.
    26    § 8. Subparagraph (xv) of paragraph (a) of subdivision  6  of  section
    27  2807-s  of  the public health law, as amended by section 11 of part Y of
    28  chapter 56 of the laws of 2020, is amended and a new subparagraph  (xvi)
    29  is added to read as follows:
    30    (xv) A gross annual statewide amount for the period January first, two
    31  thousand  fifteen  through  December thirty-first, two thousand [twenty-
    32  three] twenty-two, shall be one billion forty-five million dollars.
    33    (xvi) A gross annual statewide amount for the  period  January  first,
    34  two  thousand  twenty-three to December thirty-first, two thousand twen-
    35  ty-six shall be one billion eighty-five million dollars,  forty  million
    36  dollars  annually of which shall be allocated under section twenty-eight
    37  hundred seven-o of this article among  the  municipalities  of  and  the
    38  state  of  New  York  based on each municipality's share and the state's
    39  share of early intervention program expenditures not reimbursable by the
    40  medical assistance program for the latest twelve month period for  which
    41  such data is available.
    42    §  9.  Paragraph  (g) of subdivision 6 of section 2807-s of the public
    43  health law, as added by chapter 820 of the laws of 2021, is  amended  to
    44  read as follows:
    45    (g)  A  further  gross  statewide amount for the state fiscal year two
    46  thousand twenty-two [and each state fiscal  year  thereafter]  shall  be
    47  forty million dollars.
    48    § 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
    49  2807-s  of  the public health law, as amended by section 12 of part Y of
    50  chapter 56 of the laws of 2020, is amended to read as follows:
    51    (xiii) twenty-three million eight hundred thirty-six thousand  dollars
    52  each  state  fiscal year for the period April first, two thousand twelve
    53  through March thirty-first, two thousand [twenty-three] twenty-six;
    54    § 11. Subdivision 6 of section 2807-t of the  public  health  law,  as
    55  amended  by  section  13 of part Y of chapter 56 of the laws of 2020, is
    56  amended to read as follows:

        A. 3007--B                         46
 
     1    6. Prospective adjustments. (a) The commissioner shall annually recon-
     2  cile the sum of the actual payments made  to  the  commissioner  or  the
     3  commissioner's designee for each region pursuant to section twenty-eight
     4  hundred  seven-s  of  this  article and pursuant to this section for the
     5  prior  year  with  the regional allocation of the gross annual statewide
     6  amount specified in subdivision  six  of  section  twenty-eight  hundred
     7  seven-s  of this article for such prior year. The difference between the
     8  actual amount raised for a region and the  regional  allocation  of  the
     9  specified  gross annual amount for such prior year shall be applied as a
    10  prospective adjustment to the regional allocation of the specified gross
    11  annual payment amount for such region for the year  next  following  the
    12  calculation  of  the  reconciliation. The authorized dollar value of the
    13  adjustments shall be the same as if calculated retrospectively.
    14    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    15  sion,  for  covered  lives  assessment rate periods on and after January
    16  first, two thousand fifteen through December thirty-first, two  thousand
    17  [twenty-three]  twenty-one,  for  amounts  collected in the aggregate in
    18  excess of one billion forty-five million dollars on an annual basis, and
    19  for the period January first, two thousand twenty-two to December  thir-
    20  ty-first, two thousand twenty-six for amounts collected in the aggregate
    21  in excess of one billion eighty-five million dollars on an annual basis,
    22  prospective  adjustments shall be suspended if the annual reconciliation
    23  calculation from the prior year would otherwise result in a decrease  to
    24  the regional allocation of the specified gross annual payment amount for
    25  that  region,  provided,  however,  that such suspension shall be lifted
    26  upon a determination by  the  commissioner,  in  consultation  with  the
    27  director  of  the  budget,  that sixty-five million dollars in aggregate
    28  collections on an annual basis over and  above  one  billion  forty-five
    29  million  dollars  on an annual basis for the period on and after January
    30  first, two thousand fifteen through December thirty-first, two  thousand
    31  twenty-one  and for the period January first, two thousand twenty-two to
    32  December thirty-first, two thousand twenty-six for amounts collected  in
    33  the aggregate in excess of one billion eighty-five million dollars on an
    34  annual  basis  have  been reserved and set aside for deposit in the HCRA
    35  resources fund. Any amounts collected in the aggregate at or  below  one
    36  billion  forty-five million dollars on an annual basis for the period on
    37  and after January first, two thousand fifteen through  December  thirty-
    38  first,  two  thousand twenty-two,  and for the period January first, two
    39  thousand twenty-three to December thirty-first, two thousand  twenty-six
    40  for  amounts collected in the aggregate in excess of one billion eighty-
    41  five million dollars on an annual basis, shall be  subject  to  regional
    42  adjustments reconciling any decreases or increases to the regional allo-
    43  cation in accordance with paragraph (a) of this subdivision.
    44    §  12.  Section 2807-v of the public health law, as amended by section
    45  14 of part Y of chapter 56 of the laws of 2020, is amended  to  read  as
    46  follows:
    47    § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
    48  utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
    49  initiatives  pool or in the health care reform act (HCRA) resources fund
    50  established pursuant to section ninety-two-dd of the state finance  law,
    51  whichever  is applicable, including income from invested funds, shall be
    52  distributed or retained by the commissioner or by the state comptroller,
    53  as applicable, in accordance with the following:
    54    (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed to receive for deposit to  the  credit  of  the  state  special

        A. 3007--B                         47
 
     1  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
     2  medicaid administration account, or any successor fund or  account,  for
     3  purposes  of  services  and  expenses  related to the toll-free medicaid
     4  fraud hotline established pursuant to section one hundred eight of chap-
     5  ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
     6  control and insurance initiatives pool  established  for  the  following
     7  periods in the following amounts: four hundred thousand dollars annually
     8  for  the  periods  January  first, two thousand through December thirty-
     9  first, two thousand two, up to four hundred  thousand  dollars  for  the
    10  period  January first, two thousand three through December thirty-first,
    11  two thousand three, up to four hundred thousand dollars for  the  period
    12  January  first,  two  thousand  four  through December thirty-first, two
    13  thousand four, up to four hundred thousand dollars for the period  Janu-
    14  ary first, two thousand five through December thirty-first, two thousand
    15  five,  up to four hundred thousand dollars for the period January first,
    16  two thousand six through December thirty-first, two thousand six, up  to
    17  four hundred thousand dollars for the period January first, two thousand
    18  seven  through  December  thirty-first,  two  thousand seven, up to four
    19  hundred thousand dollars for the  period  January  first,  two  thousand
    20  eight  through  December  thirty-first,  two  thousand eight, up to four
    21  hundred thousand dollars for the period January first, two thousand nine
    22  through December thirty-first, two thousand nine,  up  to  four  hundred
    23  thousand  dollars for the period January first, two thousand ten through
    24  December thirty-first, two thousand ten,  up  to  one  hundred  thousand
    25  dollars  for the period January first, two thousand eleven through March
    26  thirty-first, two thousand eleven and within amounts appropriated on and
    27  after April first, two thousand eleven.
    28    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    29  shall  be  available, including income from invested funds, for purposes
    30  of payment of audits or audit contracts necessary to determine payor and
    31  provider compliance with requirements set forth in sections twenty-eight
    32  hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
    33  seven-t  of  this  article from the tobacco control and insurance initi-
    34  atives pool established for  the  following  periods  in  the  following
    35  amounts:  five  million  six  hundred  thousand dollars annually for the
    36  periods January first, two thousand through December  thirty-first,  two
    37  thousand  two,  up to five million dollars for the period January first,
    38  two thousand three through December thirty-first, two thousand three, up
    39  to five million dollars for the period January first, two thousand  four
    40  through  December  thirty-first,  two  thousand four, up to five million
    41  dollars for the period January first, two thousand five through December
    42  thirty-first, two thousand five, up to  five  million  dollars  for  the
    43  period  January  first,  two thousand six through December thirty-first,
    44  two thousand six, up to seven million eight hundred thousand dollars for
    45  the period January first, two thousand seven  through  December  thirty-
    46  first,  two  thousand seven, and up to eight million three hundred twen-
    47  ty-five thousand dollars for the  period  January  first,  two  thousand
    48  eight  through  December  thirty-first,  two thousand eight, up to eight
    49  million five hundred thousand dollars for the period January first,  two
    50  thousand  nine  through  December thirty-first, two thousand nine, up to
    51  eight million five hundred  thousand  dollars  for  the  period  January
    52  first, two thousand ten through December thirty-first, two thousand ten,
    53  up to two million one hundred twenty-five thousand dollars for the peri-
    54  od  January  first,  two thousand eleven through March thirty-first, two
    55  thousand eleven, up to fourteen million seven hundred  thousand  dollars
    56  each  state  fiscal year for the period April first, two thousand eleven

        A. 3007--B                         48
 
     1  through March thirty-first, two thousand fourteen, up to eleven  million
     2  one hundred thousand dollars each state fiscal year for the period April
     3  first,  two  thousand  fourteen through March thirty-first, two thousand
     4  seventeen,  up to eleven million one hundred thousand dollars each state
     5  fiscal year for the period April first, two thousand  seventeen  through
     6  March  thirty-first, two thousand twenty, [and] up to eleven million one
     7  hundred thousand dollars each state fiscal year  for  the  period  April
     8  first,  two  thousand  twenty  through  March thirty-first, two thousand
     9  twenty-three, and up to eleven million one hundred thousand dollars each
    10  state fiscal year for the period April first, two thousand  twenty-three
    11  through March thirty-first, two thousand twenty-six.
    12    (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
    13  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    14  directed  to  receive  for  deposit  to  the credit of the state special
    15  revenue funds - other, HCRA transfer fund, enhanced  community  services
    16  account,  or  any  successor fund or account, for mental health services
    17  programs for case management services for adults and children; supported
    18  housing; home and community based waiver services; family  based  treat-
    19  ment;  family support services; mobile mental health teams; transitional
    20  housing; and community oversight, established pursuant to articles seven
    21  and forty-one of the mental hygiene law and subdivision nine of  section
    22  three  hundred  sixty-six of the social services law; and for comprehen-
    23  sive care centers for eating disorders pursuant to  the  former  section
    24  twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
    25  that, for such centers, funds in the amount  of  five  hundred  thousand
    26  dollars  on  an  annualized basis shall be transferred from the enhanced
    27  community services account, or any successor fund or account, and depos-
    28  ited into the fund established by section  ninety-five-e  of  the  state
    29  finance  law;  from  the  tobacco control and insurance initiatives pool
    30  established for the following periods in the following amounts:
    31    (i) forty-eight million dollars to be reserved, to be retained or  for
    32  distribution  pursuant to a chapter of the laws of two thousand, for the
    33  period January first, two thousand through  December  thirty-first,  two
    34  thousand;
    35    (ii)  eighty-seven  million  dollars to be reserved, to be retained or
    36  for distribution pursuant to a chapter of the laws of two thousand  one,
    37  for  the period January first, two thousand one through December thirty-
    38  first, two thousand one;
    39    (iii) eighty-seven million dollars to be reserved, to be  retained  or
    40  for  distribution pursuant to a chapter of the laws of two thousand two,
    41  for the period January first, two thousand two through December  thirty-
    42  first, two thousand two;
    43    (iv)  eighty-eight  million  dollars to be reserved, to be retained or
    44  for distribution pursuant to a chapter  of  the  laws  of  two  thousand
    45  three, for the period January first, two thousand three through December
    46  thirty-first, two thousand three;
    47    (v)  eighty-eight million dollars, plus five hundred thousand dollars,
    48  to be reserved, to be retained or for distribution pursuant to a chapter
    49  of the laws of two thousand four, and pursuant  to  the  former  section
    50  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    51  ary first, two thousand four through December thirty-first, two thousand
    52  four;
    53    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
    54  to be reserved, to be retained or for distribution pursuant to a chapter
    55  of  the  laws  of  two thousand five, and pursuant to the former section
    56  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-

        A. 3007--B                         49
 
     1  ary first, two thousand five through December thirty-first, two thousand
     2  five;
     3    (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
     4  dollars, to be reserved, to be retained or for distribution pursuant  to
     5  a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
     6  section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
     7  period  January  first,  two thousand six through December thirty-first,
     8  two thousand six;
     9    (viii) eighty-six million four hundred  thousand  dollars,  plus  five
    10  hundred thousand dollars, to be reserved, to be retained or for distrib-
    11  ution pursuant to a chapter of the laws of two thousand seven and pursu-
    12  ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
    13  chapter, for the period January first, two thousand seven through Decem-
    14  ber thirty-first, two thousand seven; and
    15    (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
    16  one hundred twenty-five thousand dollars, to be reserved, to be retained
    17  or  for  distribution  pursuant to a chapter of the laws of two thousand
    18  eight and pursuant to the former section  twenty-seven  hundred  ninety-
    19  nine-l of this chapter, for the period January first, two thousand eight
    20  through March thirty-first, two thousand eight.
    21    (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
    22  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    23  directed  to  receive  for  deposit  to  the credit of the state special
    24  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    25  or  any  successor  fund  or  account, for purposes of funding the state
    26  share of services and expenses related to the family health plus program
    27  including up to two and one-half million dollars annually for the period
    28  January first, two thousand through December thirty-first, two  thousand
    29  two, for administration and marketing costs associated with such program
    30  established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
    31  of subdivision two of section three hundred sixty-nine-ee of the  social
    32  services  law  from  the  tobacco control and insurance initiatives pool
    33  established for the following periods in the following amounts:
    34    (i) three million five hundred thousand dollars for the period January
    35  first, two thousand through December thirty-first, two thousand;
    36    (ii) twenty-seven million dollars for the period  January  first,  two
    37  thousand one through December thirty-first, two thousand one; and
    38    (iii)  fifty-seven  million  dollars for the period January first, two
    39  thousand two through December thirty-first, two thousand two.
    40    (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed to receive for deposit to  the  credit  of  the  state  special
    43  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    44  or any successor fund or account, for  purposes  of  funding  the  state
    45  share of services and expenses related to the family health plus program
    46  including up to two and one-half million dollars annually for the period
    47  January  first, two thousand through December thirty-first, two thousand
    48  two for administration and marketing costs associated with such  program
    49  established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
    50  of subdivision two of section three hundred sixty-nine-ee of the  social
    51  services  law  from  the  tobacco control and insurance initiatives pool
    52  established for the following periods in the following amounts:
    53    (i) two million five hundred thousand dollars for the  period  January
    54  first, two thousand through December thirty-first, two thousand;

        A. 3007--B                         50
 
     1    (ii) thirty million five hundred thousand dollars for the period Janu-
     2  ary  first, two thousand one through December thirty-first, two thousand
     3  one; and
     4    (iii)  sixty-six  million  dollars  for  the period January first, two
     5  thousand two through December thirty-first, two thousand two.
     6    (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
     7  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     8  directed to receive for deposit to  the  credit  of  the  state  special
     9  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
    10  medicaid administration account, or any successor fund or  account,  for
    11  purposes of payment of administrative expenses of the department related
    12  to  the family health plus program established pursuant to section three
    13  hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
    14  control  and  insurance  initiatives  pool established for the following
    15  periods in the following amounts: five hundred thousand  dollars  on  an
    16  annual  basis for the periods January first, two thousand through Decem-
    17  ber thirty-first, two thousand six, five hundred  thousand  dollars  for
    18  the  period  January  first, two thousand seven through December thirty-
    19  first, two thousand seven, and five hundred  thousand  dollars  for  the
    20  period  January first, two thousand eight through December thirty-first,
    21  two thousand eight, five hundred thousand dollars for the period January
    22  first, two thousand nine through  December  thirty-first,  two  thousand
    23  nine,  five  hundred  thousand dollars for the period January first, two
    24  thousand ten  through  December  thirty-first,  two  thousand  ten,  one
    25  hundred  twenty-five  thousand dollars for the period January first, two
    26  thousand eleven through March  thirty-first,  two  thousand  eleven  and
    27  within amounts appropriated on and after April first, two thousand elev-
    28  en.
    29    (g)  Funds  shall  be  reserved  and accumulated from year to year and
    30  shall be available, including income from invested funds,  for  purposes
    31  of  services and expenses related to the health maintenance organization
    32  direct pay market program established pursuant to  sections  forty-three
    33  hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
    34  ance law from the tobacco control and insurance initiatives pool  estab-
    35  lished for the following periods in the following amounts:
    36    (i)  up  to  thirty-five million dollars for the period January first,
    37  two thousand through December thirty-first, two thousand of which  fifty
    38  percentum  shall  be  allocated  to the program pursuant to section four
    39  thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
    40  percentum to the program pursuant to section four thousand three hundred
    41  twenty-two-a of the insurance law;
    42    (ii)  up  to  thirty-six million dollars for the period January first,
    43  two thousand one through December  thirty-first,  two  thousand  one  of
    44  which  fifty  percentum  shall  be  allocated to the program pursuant to
    45  section four thousand three hundred twenty-one-a of  the  insurance  law
    46  and  fifty  percentum  to  the program pursuant to section four thousand
    47  three hundred twenty-two-a of the insurance law;
    48    (iii) up to thirty-nine million dollars for the period January  first,
    49  two  thousand  two  through  December  thirty-first, two thousand two of
    50  which fifty percentum shall be allocated  to  the  program  pursuant  to
    51  section  four  thousand  three hundred twenty-one-a of the insurance law
    52  and fifty percentum to the program pursuant  to  section  four  thousand
    53  three hundred twenty-two-a of the insurance law;
    54    (iv)  up  to  forty  million dollars for the period January first, two
    55  thousand three through December  thirty-first,  two  thousand  three  of
    56  which  fifty  percentum  shall  be  allocated to the program pursuant to

        A. 3007--B                         51
 
     1  section four thousand three hundred twenty-one-a of  the  insurance  law
     2  and  fifty  percentum  to  the program pursuant to section four thousand
     3  three hundred twenty-two-a of the insurance law;
     4    (v)  up  to  forty  million  dollars for the period January first, two
     5  thousand four through December thirty-first, two thousand four of  which
     6  fifty  percentum  shall  be allocated to the program pursuant to section
     7  four thousand three hundred twenty-one-a of the insurance law and  fifty
     8  percentum to the program pursuant to section four thousand three hundred
     9  twenty-two-a of the insurance law;
    10    (vi)  up  to  forty  million dollars for the period January first, two
    11  thousand five through December thirty-first, two thousand five of  which
    12  fifty  percentum  shall  be allocated to the program pursuant to section
    13  four thousand three hundred twenty-one-a of the insurance law and  fifty
    14  percentum to the program pursuant to section four thousand three hundred
    15  twenty-two-a of the insurance law;
    16    (vii)  up  to  forty million dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand  six  of  which
    18  fifty  percentum  shall  be allocated to the program pursuant to section
    19  four thousand three hundred twenty-one-a of the insurance law and  fifty
    20  percentum  shall  be  allocated  to the program pursuant to section four
    21  thousand three hundred twenty-two-a of the insurance law;
    22    (viii) up to forty million dollars for the period January  first,  two
    23  thousand  seven  through  December  thirty-first,  two thousand seven of
    24  which fifty percentum shall be allocated  to  the  program  pursuant  to
    25  section  four  thousand  three hundred twenty-one-a of the insurance law
    26  and fifty percentum shall  be  allocated  to  the  program  pursuant  to
    27  section  four  thousand three hundred twenty-two-a of the insurance law;
    28  and
    29    (ix) up to forty million dollars for the  period  January  first,  two
    30  thousand  eight  through  December  thirty-first,  two thousand eight of
    31  which fifty per centum shall be allocated to  the  program  pursuant  to
    32  section  four  thousand  three hundred twenty-one-a of the insurance law
    33  and fifty per centum shall be  allocated  to  the  program  pursuant  to
    34  section four thousand three hundred twenty-two-a of the insurance law.
    35    (h)  Funds  shall  be  reserved  and accumulated from year to year and
    36  shall be available, including income from invested funds,  for  purposes
    37  of  services  and  expenses  related  to the healthy New York individual
    38  program established pursuant to sections  four  thousand  three  hundred
    39  twenty-six and four thousand three hundred twenty-seven of the insurance
    40  law  from the tobacco control and insurance initiatives pool established
    41  for the following periods in the following amounts:
    42    (i) up to six million dollars for the period January first, two  thou-
    43  sand one through December thirty-first, two thousand one;
    44    (ii)  up  to twenty-nine million dollars for the period January first,
    45  two thousand two through December thirty-first, two thousand two;
    46    (iii) up to five million one hundred thousand dollars for  the  period
    47  January  first,  two  thousand  three through December thirty-first, two
    48  thousand three;
    49    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    50  period  January  first, two thousand four through December thirty-first,
    51  two thousand four;
    52    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    53  period  January  first, two thousand five through December thirty-first,
    54  two thousand five;

        A. 3007--B                         52
 
     1    (vi) up to fifty-four million eight hundred thousand dollars  for  the
     2  period  January  first,  two thousand six through December thirty-first,
     3  two thousand six;
     4    (vii)  up  to sixty-one million seven hundred thousand dollars for the
     5  period January first, two thousand seven through December  thirty-first,
     6  two thousand seven; and
     7    (viii)  up  to  one hundred three million seven hundred fifty thousand
     8  dollars for the period January first, two thousand eight through  Decem-
     9  ber thirty-first, two thousand eight.
    10    (i)  Funds  shall  be  reserved  and accumulated from year to year and
    11  shall be available, including income from invested funds,  for  purposes
    12  of  services  and expenses related to the healthy New York group program
    13  established pursuant to sections four thousand three hundred  twenty-six
    14  and  four  thousand three hundred twenty-seven of the insurance law from
    15  the tobacco control and insurance initiatives pool established  for  the
    16  following periods in the following amounts:
    17    (i)  up  to  thirty-four million dollars for the period January first,
    18  two thousand one through December thirty-first, two thousand one;
    19    (ii) up to seventy-seven million dollars for the period January first,
    20  two thousand two through December thirty-first, two thousand two;
    21    (iii) up to ten million five hundred thousand dollars for  the  period
    22  January  first,  two  thousand  three through December thirty-first, two
    23  thousand three;
    24    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    25  period  January  first, two thousand four through December thirty-first,
    26  two thousand four;
    27    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    28  period  January  first, two thousand five through December thirty-first,
    29  two thousand five;
    30    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    31  period  January  first,  two thousand six through December thirty-first,
    32  two thousand six;
    33    (vii) up to sixty-one million seven hundred thousand dollars  for  the
    34  period  January first, two thousand seven through December thirty-first,
    35  two thousand seven; and
    36    (viii) up to one hundred three million seven  hundred  fifty  thousand
    37  dollars  for the period January first, two thousand eight through Decem-
    38  ber thirty-first, two thousand eight.
    39    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
    40  subdivision, the commissioner shall reserve and  accumulate  up  to  two
    41  million  five  hundred thousand dollars annually for the periods January
    42  first, two thousand four through  December  thirty-first,  two  thousand
    43  six,  one  million  four hundred thousand dollars for the period January
    44  first, two thousand seven through December  thirty-first,  two  thousand
    45  seven,  two  million  dollars for the period January first, two thousand
    46  eight through December thirty-first,  two  thousand  eight,  from  funds
    47  otherwise  available  for  distribution  under  such  paragraphs for the
    48  services and expenses related to the  pilot  program  for  entertainment
    49  industry  employees  included  in subsection (b) of section one thousand
    50  one hundred twenty-two of the insurance law,  and  an  additional  seven
    51  hundred  thousand  dollars  annually  for the periods January first, two
    52  thousand four through December thirty-first, two thousand six, an  addi-
    53  tional  three hundred thousand dollars for the period January first, two
    54  thousand seven through June thirtieth, two thousand seven  for  services
    55  and expenses related to the pilot program for displaced workers included

        A. 3007--B                         53
 
     1  in  subsection (c) of section one thousand one hundred twenty-two of the
     2  insurance law.
     3    (j)  Funds  shall  be  reserved  and accumulated from year to year and
     4  shall be available, including income from invested funds,  for  purposes
     5  of  services  and  expenses  related  to  the tobacco use prevention and
     6  control program established pursuant to sections thirteen hundred  nine-
     7  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
     8  tobacco  control  and  insurance  initiatives  pool  established for the
     9  following periods in the following amounts:
    10    (i) up to thirty million dollars for the  period  January  first,  two
    11  thousand through December thirty-first, two thousand;
    12    (ii)  up  to  forty  million dollars for the period January first, two
    13  thousand one through December thirty-first, two thousand one;
    14    (iii) up to forty million dollars for the period  January  first,  two
    15  thousand two through December thirty-first, two thousand two;
    16    (iv)  up to thirty-six million nine hundred fifty thousand dollars for
    17  the period January first, two thousand three  through  December  thirty-
    18  first, two thousand three;
    19    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    20  the period January first, two thousand  four  through  December  thirty-
    21  first, two thousand four;
    22    (vi)  up  to forty million six hundred thousand dollars for the period
    23  January first, two thousand  five  through  December  thirty-first,  two
    24  thousand five;
    25    (vii)  up  to eighty-one million nine hundred thousand dollars for the
    26  period January first, two thousand six  through  December  thirty-first,
    27  two thousand six, provided, however, that within amounts appropriated, a
    28  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    29  Institute Corporation to support costs associated with cancer research;
    30    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
    31  for  the period January first, two thousand seven through December thir-
    32  ty-first, two thousand seven, provided,  however,  that  within  amounts
    33  appropriated,  a portion of such funds may be transferred to the Roswell
    34  Park Cancer Institute  Corporation  to  support  costs  associated  with
    35  cancer research;
    36    (ix)  up to ninety-four million one hundred fifty thousand dollars for
    37  the period January first, two thousand eight  through  December  thirty-
    38  first, two thousand eight;
    39    (x)  up  to ninety-four million one hundred fifty thousand dollars for
    40  the period January first, two thousand  nine  through  December  thirty-
    41  first, two thousand nine;
    42    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
    43  dollars for the period January first, two thousand ten through  December
    44  thirty-first, two thousand ten;
    45    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
    46  for the period January first, two thousand eleven through March  thirty-
    47  first, two thousand eleven;
    48    (xiii) up to fifty-two million one hundred thousand dollars each state
    49  fiscal  year  for  the  period  April first, two thousand eleven through
    50  March thirty-first, two thousand fourteen;
    51    (xiv) up to six million dollars each state fiscal year for the  period
    52  April first, two thousand fourteen through March thirty-first, two thou-
    53  sand seventeen;
    54    (xv)  up  to six million dollars each state fiscal year for the period
    55  April first, two thousand  seventeen  through  March  thirty-first,  two
    56  thousand twenty; [and]

        A. 3007--B                         54
 
     1    (xvi)  up to six million dollars each state fiscal year for the period
     2  April first, two thousand twenty through March thirty-first,  two  thou-
     3  sand twenty-three; and
     4    (xvii) up to six million dollars each state fiscal year for the period
     5  April  first,  two thousand twenty-three through March thirty-first, two
     6  thousand twenty-six.
     7    (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed to receive for deposit to  the  credit  of  the  state  special
    10  revenue  fund - other, HCRA transfer fund, health care services account,
    11  or any successor fund or account, for purposes of services and  expenses
    12  related  to public health programs, including comprehensive care centers
    13  for eating disorders pursuant to the former section twenty-seven hundred
    14  ninety-nine-l of this chapter, provided however that, for such  centers,
    15  funds  in  the  amount of five hundred thousand dollars on an annualized
    16  basis shall be transferred from the health care services account, or any
    17  successor fund or account, and deposited into the  fund  established  by
    18  section  ninety-five-e  of  the  state  finance law for periods prior to
    19  March thirty-first, two thousand eleven, from the  tobacco  control  and
    20  insurance  initiatives pool established for the following periods in the
    21  following amounts:
    22    (i) up to thirty-one million dollars for the period January first, two
    23  thousand through December thirty-first, two thousand;
    24    (ii) up to forty-one million dollars for the period January first, two
    25  thousand one through December thirty-first, two thousand one;
    26    (iii) up to eighty-one million dollars for the period  January  first,
    27  two thousand two through December thirty-first, two thousand two;
    28    (iv)  one hundred twenty-two million five hundred thousand dollars for
    29  the period January first, two thousand three  through  December  thirty-
    30  first, two thousand three;
    31    (v)  one  hundred  eight  million  five  hundred seventy-five thousand
    32  dollars, plus an additional five hundred thousand dollars, for the peri-
    33  od January first, two thousand four through December  thirty-first,  two
    34  thousand four;
    35    (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
    36  tional five hundred thousand dollars, for the period January first,  two
    37  thousand five through December thirty-first, two thousand five;
    38    (vii) one hundred fifty-six million six hundred thousand dollars, plus
    39  an  additional  five  hundred  thousand  dollars, for the period January
    40  first, two thousand six through December thirty-first, two thousand six;
    41    (viii) one hundred fifty-one million four  hundred  thousand  dollars,
    42  plus an additional five hundred thousand dollars, for the period January
    43  first,  two  thousand  seven through December thirty-first, two thousand
    44  seven;
    45    (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    46  dollars, plus an additional five hundred thousand dollars, for the peri-
    47  od  January first, two thousand eight through December thirty-first, two
    48  thousand eight;
    49    (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
    50  dollars, plus an additional five hundred thousand dollars, for the peri-
    51  od  January  first, two thousand nine through December thirty-first, two
    52  thousand nine;
    53    (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    54  dollars, plus an additional five hundred thousand dollars, for the peri-
    55  od  January  first,  two thousand ten through December thirty-first, two
    56  thousand ten;

        A. 3007--B                         55
 
     1    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
     2  hundred  fifty dollars, plus an additional one hundred twenty-five thou-
     3  sand dollars, for the period January first, two thousand eleven  through
     4  March thirty-first, two thousand eleven;
     5    (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
     6  the period April first, two thousand eleven through March  thirty-first,
     7  two thousand twelve; and
     8    (xiv) one hundred nineteen million four hundred seven thousand dollars
     9  each  state  fiscal year for the period April first, two thousand twelve
    10  through March thirty-first, two thousand fourteen.
    11    (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
    12  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    13  directed to receive for deposit to  the  credit  of  the  state  special
    14  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    15  or any successor fund or account, for  purposes  of  funding  the  state
    16  share  of the personal care and certified home health agency rate or fee
    17  increases established pursuant to subdivision  three  of  section  three
    18  hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
    19  control and insurance initiatives pool  established  for  the  following
    20  periods in the following amounts:
    21    (i)  twenty-three  million two hundred thousand dollars for the period
    22  January first, two thousand through December thirty-first, two thousand;
    23    (ii) twenty-three million two hundred thousand dollars for the  period
    24  January first, two thousand one through December thirty-first, two thou-
    25  sand one;
    26    (iii) twenty-three million two hundred thousand dollars for the period
    27  January first, two thousand two through December thirty-first, two thou-
    28  sand two;
    29    (iv)  up  to  sixty-five  million two hundred thousand dollars for the
    30  period January first, two thousand three through December  thirty-first,
    31  two thousand three;
    32    (v)  up  to  sixty-five  million  two hundred thousand dollars for the
    33  period January first, two thousand four through  December  thirty-first,
    34  two thousand four;
    35    (vi)  up  to  sixty-five  million two hundred thousand dollars for the
    36  period January first, two thousand five through  December  thirty-first,
    37  two thousand five;
    38    (vii)  up  to  sixty-five million two hundred thousand dollars for the
    39  period January first, two thousand six  through  December  thirty-first,
    40  two thousand six;
    41    (viii)  up  to sixty-five million two hundred thousand dollars for the
    42  period January first, two thousand seven through December  thirty-first,
    43  two thousand seven; and
    44    (ix)  up  to  sixteen  million  three hundred thousand dollars for the
    45  period January first, two thousand eight through March thirty-first, two
    46  thousand eight.
    47    (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed to receive for deposit to  the  credit  of  the  state  special
    50  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    51  or any successor fund or account, for  purposes  of  funding  the  state
    52  share  of  services  and expenses related to home care workers insurance
    53  pilot demonstration programs established pursuant to subdivision two  of
    54  section  three hundred sixty-seven-o of the social services law from the
    55  tobacco control and  insurance  initiatives  pool  established  for  the
    56  following periods in the following amounts:

        A. 3007--B                         56
 
     1    (i)  three million eight hundred thousand dollars for the period Janu-
     2  ary first, two thousand through December thirty-first, two thousand;
     3    (ii) three million eight hundred thousand dollars for the period Janu-
     4  ary  first, two thousand one through December thirty-first, two thousand
     5  one;
     6    (iii) three million eight hundred  thousand  dollars  for  the  period
     7  January first, two thousand two through December thirty-first, two thou-
     8  sand two;
     9    (iv) up to three million eight hundred thousand dollars for the period
    10  January  first,  two  thousand  three through December thirty-first, two
    11  thousand three;
    12    (v) up to three million eight hundred thousand dollars for the  period
    13  January  first,  two  thousand  four  through December thirty-first, two
    14  thousand four;
    15    (vi) up to three million eight hundred thousand dollars for the period
    16  January first, two thousand  five  through  December  thirty-first,  two
    17  thousand five;
    18    (vii) up to three million eight hundred thousand dollars for the peri-
    19  od  January  first,  two thousand six through December thirty-first, two
    20  thousand six;
    21    (viii) up to three million eight  hundred  thousand  dollars  for  the
    22  period  January first, two thousand seven through December thirty-first,
    23  two thousand seven; and
    24    (ix) up to nine hundred fifty thousand dollars for the period  January
    25  first,  two  thousand  eight  through  March  thirty-first, two thousand
    26  eight.
    27    (n) Funds shall be transferred by the commissioner and shall be depos-
    28  ited to the credit of the special revenue funds -  other,  miscellaneous
    29  special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
    30  program premium account authorized pursuant to the provisions  of  title
    31  three of article two of the elder law, or any successor fund or account,
    32  for  funding  state  expenses  relating  to the program from the tobacco
    33  control and insurance initiatives pool  established  for  the  following
    34  periods in the following amounts:
    35    (i)  one  hundred  seven million dollars for the period January first,
    36  two thousand through December thirty-first, two thousand;
    37    (ii) one hundred sixty-four million dollars  for  the  period  January
    38  first, two thousand one through December thirty-first, two thousand one;
    39    (iii)  three hundred twenty-two million seven hundred thousand dollars
    40  for the period January first, two thousand two through December  thirty-
    41  first, two thousand two;
    42    (iv)  four hundred thirty-three million three hundred thousand dollars
    43  for the period January first, two thousand three through December  thir-
    44  ty-first, two thousand three;
    45    (v)  five  hundred four million one hundred fifty thousand dollars for
    46  the period January first, two thousand  four  through  December  thirty-
    47  first, two thousand four;
    48    (vi) five hundred sixty-six million eight hundred thousand dollars for
    49  the  period  January  first,  two thousand five through December thirty-
    50  first, two thousand five;
    51    (vii) six hundred three million one hundred fifty thousand dollars for
    52  the period January first, two  thousand  six  through  December  thirty-
    53  first, two thousand six;
    54    (viii)  six  hundred  sixty million eight hundred thousand dollars for
    55  the period January first, two thousand seven  through  December  thirty-
    56  first, two thousand seven;

        A. 3007--B                         57
 
     1    (ix)  three hundred sixty-seven million four hundred sixty-three thou-
     2  sand dollars for the period January first, two  thousand  eight  through
     3  December thirty-first, two thousand eight;
     4    (x)  three hundred thirty-four million eight hundred twenty-five thou-
     5  sand dollars for the period January first,  two  thousand  nine  through
     6  December thirty-first, two thousand nine;
     7    (xi)  three  hundred  forty-four million nine hundred thousand dollars
     8  for the period January first, two thousand ten through December  thirty-
     9  first, two thousand ten;
    10    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
    11  for  the period January first, two thousand eleven through March thirty-
    12  first, two thousand eleven;
    13    (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
    14  dollars  for  the  period April first, two thousand eleven through March
    15  thirty-first, two thousand twelve;
    16    (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
    17  for  the  period  April first, two thousand twelve through March thirty-
    18  first, two thousand thirteen;
    19    (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
    20  dollars  for the period April first, two thousand thirteen through March
    21  thirty-first, two thousand fourteen;
    22    (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
    23  dollars  each state fiscal year for the period April first, two thousand
    24  fourteen through March thirty-first, two thousand seventeen;
    25    (xvii) one hundred twenty-seven million four hundred sixteen  thousand
    26  dollars  each state fiscal year for the period April first, two thousand
    27  seventeen through March thirty-first, two thousand twenty; [and]
    28    (xviii) one hundred twenty-seven million four hundred sixteen thousand
    29  dollars each state fiscal year for the period April first, two  thousand
    30  twenty through March thirty-first, two thousand twenty-three; and
    31    (xix)  one  hundred twenty-seven million four hundred sixteen thousand
    32  dollars each state fiscal year for the period April first, two  thousand
    33  twenty-three through March thirty-first, two thousand twenty-six.
    34    (o)  Funds  shall be reserved and accumulated and shall be transferred
    35  to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
    36  control  and  insurance  initiatives  pool established for the following
    37  periods in the following amounts:
    38    (i) up to ninety million dollars for the  period  January  first,  two
    39  thousand through December thirty-first, two thousand;
    40    (ii)  up  to  sixty  million dollars for the period January first, two
    41  thousand one through December thirty-first, two thousand one;
    42    (iii) up to eighty-five million dollars for the period January  first,
    43  two thousand two through December thirty-first, two thousand two;
    44    (iv)  eighty-five  million  two hundred fifty thousand dollars for the
    45  period January first, two thousand three through December  thirty-first,
    46  two thousand three;
    47    (v)  seventy-eight  million  dollars for the period January first, two
    48  thousand four through December thirty-first, two thousand four;
    49    (vi) seventy-eight million dollars for the period January  first,  two
    50  thousand five through December thirty-first, two thousand five;
    51    (vii)  ninety-one  million  dollars  for the period January first, two
    52  thousand six through December thirty-first, two thousand six;
    53    (viii) seventy-eight million dollars for the period January first, two
    54  thousand seven through December thirty-first, two thousand seven;
    55    (ix) seventy-eight million dollars for the period January  first,  two
    56  thousand eight through December thirty-first, two thousand eight;

        A. 3007--B                         58
 
     1    (x)  seventy-eight  million  dollars for the period January first, two
     2  thousand nine through December thirty-first, two thousand nine;
     3    (xi)  seventy-eight  million dollars for the period January first, two
     4  thousand ten through December thirty-first, two thousand ten;
     5    (xii) nineteen million five hundred thousand dollars  for  the  period
     6  January first, two thousand eleven through March thirty-first, two thou-
     7  sand eleven;
     8    (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
     9  state fiscal year for  the  period  April  first,  two  thousand  eleven
    10  through March thirty-first, two thousand fourteen;
    11    (xiv) up to ninety-six million six hundred thousand dollars each state
    12  fiscal  year  for  the period April first, two thousand fourteen through
    13  March thirty-first, two thousand seventeen;
    14    (xv) up to ninety-six million six hundred thousand dollars each  state
    15  fiscal  year  for the period April first, two thousand seventeen through
    16  March thirty-first, two thousand twenty; [and]
    17    (xvi) up to ninety-six million six hundred thousand dollars each state
    18  fiscal year for the period April  first,  two  thousand  twenty  through
    19  March thirty-first, two thousand twenty-three; and
    20    (xvii)  up  to  ninety-six  million  six hundred thousand dollars each
    21  state fiscal year for the period April first, two thousand  twenty-three
    22  through March thirty-first, two thousand twenty-six.
    23    (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
    24  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    25  directed  to  receive  for  deposit  to  the credit of the state special
    26  revenue funds - other, indigent care fund - 068, indigent care  account,
    27  or  any  successor fund or account, for purposes of providing a medicaid
    28  disproportionate share payment from the high need indigent care  adjust-
    29  ment  pool  established pursuant to section twenty-eight hundred seven-w
    30  of this article, from the tobacco control and insurance initiatives pool
    31  established for the following periods in the following amounts:
    32    (i) eighty-two million dollars annually for the periods January first,
    33  two thousand through December thirty-first, two thousand two;
    34    (ii) up to eighty-two million dollars for the  period  January  first,
    35  two thousand three through December thirty-first, two thousand three;
    36    (iii)  up  to eighty-two million dollars for the period January first,
    37  two thousand four through December thirty-first, two thousand four;
    38    (iv) up to eighty-two million dollars for the  period  January  first,
    39  two thousand five through December thirty-first, two thousand five;
    40    (v) up to eighty-two million dollars for the period January first, two
    41  thousand six through December thirty-first, two thousand six;
    42    (vi)  up  to  eighty-two million dollars for the period January first,
    43  two thousand seven through December thirty-first, two thousand seven;
    44    (vii) up to eighty-two million dollars for the period  January  first,
    45  two thousand eight through December thirty-first, two thousand eight;
    46    (viii)  up to eighty-two million dollars for the period January first,
    47  two thousand nine through December thirty-first, two thousand nine;
    48    (ix) up to eighty-two million dollars for the  period  January  first,
    49  two thousand ten through December thirty-first, two thousand ten;
    50    (x)  up to twenty million five hundred thousand dollars for the period
    51  January first, two thousand eleven through March thirty-first, two thou-
    52  sand eleven; and
    53    (xi) up to eighty-two million dollars each state fiscal year  for  the
    54  period  April first, two thousand eleven through March thirty-first, two
    55  thousand fourteen.

        A. 3007--B                         59
 
     1    (q) Funds shall be reserved and accumulated  from  year  to  year  and
     2  shall  be  available, including income from invested funds, for purposes
     3  of providing distributions  to  eligible  school  based  health  centers
     4  established  pursuant to section eighty-eight of chapter one of the laws
     5  of  nineteen hundred ninety-nine, from the tobacco control and insurance
     6  initiatives pool established for the following periods in the  following
     7  amounts:
     8    (i)  seven  million dollars annually for the period January first, two
     9  thousand through December thirty-first, two thousand two;
    10    (ii) up to seven million dollars for the  period  January  first,  two
    11  thousand three through December thirty-first, two thousand three;
    12    (iii)  up  to  seven million dollars for the period January first, two
    13  thousand four through December thirty-first, two thousand four;
    14    (iv) up to seven million dollars for the  period  January  first,  two
    15  thousand five through December thirty-first, two thousand five;
    16    (v)  up  to  seven  million  dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand six;
    18    (vi) up to seven million dollars for the  period  January  first,  two
    19  thousand seven through December thirty-first, two thousand seven;
    20    (vii)  up  to  seven million dollars for the period January first, two
    21  thousand eight through December thirty-first, two thousand eight;
    22    (viii) up to seven million dollars for the period January  first,  two
    23  thousand nine through December thirty-first, two thousand nine;
    24    (ix)  up  to  seven  million dollars for the period January first, two
    25  thousand ten through December thirty-first, two thousand ten;
    26    (x) up to one million seven hundred fifty  thousand  dollars  for  the
    27  period  January  first,  two thousand eleven through March thirty-first,
    28  two thousand eleven;
    29    (xi) up to five million six hundred thousand dollars each state fiscal
    30  year for the period April first, two thousand eleven through March thir-
    31  ty-first, two thousand fourteen;
    32    (xii) up to five million two  hundred  eighty-eight  thousand  dollars
    33  each state fiscal year for the period April first, two thousand fourteen
    34  through March thirty-first, two thousand seventeen;
    35    (xiii)  up  to  five million two hundred eighty-eight thousand dollars
    36  each state fiscal year for the period April first, two  thousand  seven-
    37  teen through March thirty-first, two thousand twenty; [and]
    38    (xiv)  up  to  five  million two hundred eighty-eight thousand dollars
    39  each state fiscal year for the period April first, two  thousand  twenty
    40  through March thirty-first, two thousand twenty-three; and
    41    (xv) up to five million two hundred eighty-eight thousand dollars each
    42  state  fiscal year for the period April first, two thousand twenty-three
    43  through March thirty-first, two thousand twenty-six.
    44    (r) Funds shall be deposited by the commissioner within amounts appro-
    45  priated, and the state comptroller is hereby authorized and directed  to
    46  receive  for  deposit to the credit of the state special revenue funds -
    47  other, HCRA transfer fund, medical assistance account, or any  successor
    48  fund  or account, for purposes of providing distributions for supplemen-
    49  tary  medical  insurance  for  Medicare  part  B  premiums,   physicians
    50  services,  outpatient  services,  medical  equipment, supplies and other
    51  health services, from the tobacco control and insurance initiatives pool
    52  established for the following periods in the following amounts:
    53    (i) forty-three million dollars for  the  period  January  first,  two
    54  thousand through December thirty-first, two thousand;
    55    (ii) sixty-one million dollars for the period January first, two thou-
    56  sand one through December thirty-first, two thousand one;

        A. 3007--B                         60
 
     1    (iii)  sixty-five  million  dollars  for the period January first, two
     2  thousand two through December thirty-first, two thousand two;
     3    (iv)  sixty-seven million five hundred thousand dollars for the period
     4  January first, two thousand three  through  December  thirty-first,  two
     5  thousand three;
     6    (v)  sixty-eight  million  dollars  for  the period January first, two
     7  thousand four through December thirty-first, two thousand four;
     8    (vi) sixty-eight million dollars for the  period  January  first,  two
     9  thousand five through December thirty-first, two thousand five;
    10    (vii)  sixty-eight  million  dollars for the period January first, two
    11  thousand six through December thirty-first, two thousand six;
    12    (viii) seventeen million five hundred thousand dollars for the  period
    13  January  first,  two  thousand  seven through December thirty-first, two
    14  thousand seven;
    15    (ix) sixty-eight million dollars for the  period  January  first,  two
    16  thousand eight through December thirty-first, two thousand eight;
    17    (x)  sixty-eight  million  dollars  for  the period January first, two
    18  thousand nine through December thirty-first, two thousand nine;
    19    (xi) sixty-eight million dollars for the  period  January  first,  two
    20  thousand ten through December thirty-first, two thousand ten;
    21    (xii)  seventeen  million  dollars  for  the period January first, two
    22  thousand eleven through March thirty-first, two thousand eleven; and
    23    (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
    24  period  April first, two thousand eleven through March thirty-first, two
    25  thousand fourteen.
    26    (s) Funds shall be deposited by the commissioner within amounts appro-
    27  priated, and the state comptroller is hereby authorized and directed  to
    28  receive  for  deposit to the credit of the state special revenue funds -
    29  other, HCRA transfer fund, medical assistance account, or any  successor
    30  fund  or  account,  for  purposes of providing distributions pursuant to
    31  paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
    32  section  twenty-eight  hundred  seven-c of this article from the tobacco
    33  control and insurance initiatives pool  established  for  the  following
    34  periods in the following amounts:
    35    (i)  eighteen  million dollars for the period January first, two thou-
    36  sand through December thirty-first, two thousand;
    37    (ii) twenty-four million dollars  annually  for  the  periods  January
    38  first, two thousand one through December thirty-first, two thousand two;
    39    (iii)  up to twenty-four million dollars for the period January first,
    40  two thousand three through December thirty-first, two thousand three;
    41    (iv) up to twenty-four million dollars for the period  January  first,
    42  two thousand four through December thirty-first, two thousand four;
    43    (v)  up  to  twenty-four million dollars for the period January first,
    44  two thousand five through December thirty-first, two thousand five;
    45    (vi) up to twenty-four million dollars for the period  January  first,
    46  two thousand six through December thirty-first, two thousand six;
    47    (vii)  up to twenty-four million dollars for the period January first,
    48  two thousand seven through December thirty-first, two thousand seven;
    49    (viii) up to twenty-four million dollars for the period January first,
    50  two thousand eight through December thirty-first,  two  thousand  eight;
    51  and
    52    (ix)  up  to  twenty-two million dollars for the period January first,
    53  two thousand nine through November thirtieth, two thousand nine.
    54    (t) Funds shall be reserved and accumulated from year to year  by  the
    55  commissioner and shall be made available, including income from invested
    56  funds:

        A. 3007--B                         61
 
     1    (i)  For  the  purpose  of making grants to a state owned and operated
     2  medical school which does not have a state owned and  operated  hospital
     3  on  site  and  available for teaching purposes. Notwithstanding sections
     4  one hundred twelve and one hundred sixty-three of the state finance law,
     5  such  grants  shall be made in the amount of up to five hundred thousand
     6  dollars for the period January  first,  two  thousand  through  December
     7  thirty-first, two thousand;
     8    (ii)  For  the purpose of making grants to medical schools pursuant to
     9  section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
    10  ninety-nine  in  the  sum  of  up to four million dollars for the period
    11  January first, two thousand through December thirty-first, two thousand;
    12  and
    13    (iii) The funds disbursed pursuant to subparagraphs (i)  and  (ii)  of
    14  this  paragraph  from the tobacco control and insurance initiatives pool
    15  are contingent upon meeting all funding amounts established pursuant  to
    16  paragraphs  (a),  (b),  (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
    17  and (s) of this  subdivision,  paragraph  (a)  of  subdivision  nine  of
    18  section  twenty-eight  hundred  seven-j  of this article, and paragraphs
    19  (a), (i) and (k) of subdivision  one  of  section  twenty-eight  hundred
    20  seven-l of this article.
    21    (u)  Funds  shall  be  deposited  by  the commissioner, within amounts
    22  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    23  directed  to  receive  for  deposit  to  the credit of the state special
    24  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    25  or  any  successor  fund  or  account, for purposes of funding the state
    26  share of services and expenses  related  to  the  nursing  home  quality
    27  improvement  demonstration program established pursuant to section twen-
    28  ty-eight hundred eight-d of this article from the  tobacco  control  and
    29  insurance  initiatives pool established for the following periods in the
    30  following amounts:
    31    (i) up to twenty-five million dollars for the period  beginning  April
    32  first,  two  thousand two and ending December thirty-first, two thousand
    33  two, and on an annualized  basis,  for  each  annual  period  thereafter
    34  beginning  January first, two thousand three and ending December thirty-
    35  first, two thousand four;
    36    (ii) up to eighteen million seven hundred fifty thousand  dollars  for
    37  the  period  January  first,  two thousand five through December thirty-
    38  first, two thousand five; and
    39    (iii) up to fifty-six million five hundred thousand  dollars  for  the
    40  period  January  first,  two thousand six through December thirty-first,
    41  two thousand six.
    42    (v) Funds shall be transferred by the commissioner and shall be depos-
    43  ited to the credit of the hospital excess liability pool created  pursu-
    44  ant  to section eighteen of chapter two hundred sixty-six of the laws of
    45  nineteen hundred eighty-six, or  any  successor  fund  or  account,  for
    46  purposes  of expenses related to the purchase of excess medical malprac-
    47  tice insurance and the cost of administrating the pool, including  costs
    48  associated  with  the  risk  management  program established pursuant to
    49  section forty-two of part A of chapter one of the laws of  two  thousand
    50  two  required by paragraph (a) of subdivision one of section eighteen of
    51  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
    52  as may be amended from time to time, from the tobacco control and insur-
    53  ance initiatives pool established  for  the  following  periods  in  the
    54  following amounts:

        A. 3007--B                         62
 
     1    (i) up to fifty million dollars or so much as is needed for the period
     2  January first, two thousand two through December thirty-first, two thou-
     3  sand two;
     4    (ii)  up to seventy-six million seven hundred thousand dollars for the
     5  period January first, two thousand three through December  thirty-first,
     6  two thousand three;
     7    (iii)  up  to sixty-five million dollars for the period January first,
     8  two thousand four through December thirty-first, two thousand four;
     9    (iv) up to sixty-five million dollars for the  period  January  first,
    10  two thousand five through December thirty-first, two thousand five;
    11    (v)  up to one hundred thirteen million eight hundred thousand dollars
    12  for the period January first, two thousand six through December  thirty-
    13  first, two thousand six;
    14    (vi)  up  to one hundred thirty million dollars for the period January
    15  first, two thousand seven through December  thirty-first,  two  thousand
    16  seven;
    17    (vii)  up to one hundred thirty million dollars for the period January
    18  first, two thousand eight through December  thirty-first,  two  thousand
    19  eight;
    20    (viii) up to one hundred thirty million dollars for the period January
    21  first,  two  thousand  nine  through December thirty-first, two thousand
    22  nine;
    23    (ix) up to one hundred thirty million dollars for the  period  January
    24  first, two thousand ten through December thirty-first, two thousand ten;
    25    (x)  up  to  thirty-two  million five hundred thousand dollars for the
    26  period January first, two thousand eleven  through  March  thirty-first,
    27  two thousand eleven;
    28    (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
    29  dollars each state fiscal year for the period April first, two  thousand
    30  eleven through March thirty-first, two thousand fourteen;
    31    (xii)  up  to  one  hundred twenty-seven million four hundred thousand
    32  dollars each state fiscal year for the period April first, two  thousand
    33  fourteen through March thirty-first, two thousand seventeen;
    34    (xiii)  up  to  one hundred twenty-seven million four hundred thousand
    35  dollars each state fiscal year for the period April first, two  thousand
    36  seventeen through March thirty-first, two thousand twenty; [and]
    37    (xiv)  up  to  one  hundred twenty-seven million four hundred thousand
    38  dollars each state fiscal year for the period April first, two  thousand
    39  twenty through March thirty-first, two thousand twenty-three; and
    40    (xv)  up  to  one  hundred  twenty-seven million four hundred thousand
    41  dollars each state fiscal year for the period April first, two  thousand
    42  twenty-three through March thirty-first, two thousand twenty-six.
    43    (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
    44  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    45  directed  to  receive  for  deposit  to  the credit of the state special
    46  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    47  or  any  successor  fund  or  account, for purposes of funding the state
    48  share of the treatment of breast and cervical cancer pursuant  to  para-
    49  graph  (d) of subdivision four of section three hundred sixty-six of the
    50  social services law, from the tobacco control and insurance  initiatives
    51  pool established for the following periods in the following amounts:
    52    (i)  up  to four hundred fifty thousand dollars for the period January
    53  first, two thousand two through December thirty-first, two thousand two;
    54    (ii) up to two million one hundred thousand  dollars  for  the  period
    55  January  first,  two  thousand  three through December thirty-first, two
    56  thousand three;

        A. 3007--B                         63
 
     1    (iii) up to two million one hundred thousand dollars  for  the  period
     2  January  first,  two  thousand  four  through December thirty-first, two
     3  thousand four;
     4    (iv)  up  to  two  million one hundred thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  up  to  two  million  one hundred thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) up to two million one hundred thousand  dollars  for  the  period
    11  January  first,  two  thousand  seven through December thirty-first, two
    12  thousand seven;
    13    (vii) up to two million one hundred thousand dollars  for  the  period
    14  January  first,  two  thousand  eight through December thirty-first, two
    15  thousand eight;
    16    (viii) up to two million one hundred thousand dollars for  the  period
    17  January  first,  two  thousand  nine  through December thirty-first, two
    18  thousand nine;
    19    (ix) up to two million one hundred thousand  dollars  for  the  period
    20  January first, two thousand ten through December thirty-first, two thou-
    21  sand ten;
    22    (x)  up  to  five  hundred twenty-five thousand dollars for the period
    23  January first, two thousand eleven through March thirty-first, two thou-
    24  sand eleven;
    25    (xi) up to two million one hundred thousand dollars each state  fiscal
    26  year for the period April first, two thousand eleven through March thir-
    27  ty-first, two thousand fourteen;
    28    (xii) up to two million one hundred thousand dollars each state fiscal
    29  year  for  the  period  April first, two thousand fourteen through March
    30  thirty-first, two thousand seventeen;
    31    (xiii) up to two million  one  hundred  thousand  dollars  each  state
    32  fiscal  year  for the period April first, two thousand seventeen through
    33  March thirty-first, two thousand twenty; [and]
    34    (xiv) up to two million one hundred thousand dollars each state fiscal
    35  year for the period April first, two thousand twenty through March thir-
    36  ty-first, two thousand twenty-three; and
    37    (xv) up to two million one hundred thousand dollars each state  fiscal
    38  year for the period April first, two thousand twenty-three through March
    39  thirty-first, two thousand twenty-six.
    40    (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed  to  receive  for  deposit  to  the credit of the state special
    43  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    44  or  any  successor  fund  or  account, for purposes of funding the state
    45  share of the non-public general hospital rates increases for recruitment
    46  and retention of health care workers from the tobacco control and insur-
    47  ance initiatives pool established  for  the  following  periods  in  the
    48  following amounts:
    49    (i) twenty-seven million one hundred thousand dollars on an annualized
    50  basis  for  the  period January first, two thousand two through December
    51  thirty-first, two thousand two;
    52    (ii) fifty million eight hundred thousand  dollars  on  an  annualized
    53  basis  for the period January first, two thousand three through December
    54  thirty-first, two thousand three;

        A. 3007--B                         64
 
     1    (iii) sixty-nine million three hundred thousand dollars on an  annual-
     2  ized  basis  for  the  period  January  first, two thousand four through
     3  December thirty-first, two thousand four;
     4    (iv)  sixty-nine million three hundred thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  sixty-nine  million three hundred thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) sixty-five million three hundred thousand dollars for the  period
    11  January  first,  two  thousand  seven through December thirty-first, two
    12  thousand seven;
    13    (vii) sixty-one million one hundred fifty  thousand  dollars  for  the
    14  period  January first, two thousand eight through December thirty-first,
    15  two thousand eight; and
    16    (viii) forty-eight million seven hundred twenty-one  thousand  dollars
    17  for the period January first, two thousand nine through November thirti-
    18  eth, two thousand nine.
    19    (y)  Funds  shall  be  reserved  and accumulated from year to year and
    20  shall be available, including income from invested funds,  for  purposes
    21  of  grants  to public general hospitals for recruitment and retention of
    22  health care workers pursuant to paragraph (b) of subdivision  thirty  of
    23  section  twenty-eight  hundred  seven-c of this article from the tobacco
    24  control and insurance initiatives pool  established  for  the  following
    25  periods in the following amounts:
    26    (i)  eighteen  million  five hundred thousand dollars on an annualized
    27  basis for the period January first, two thousand  two  through  December
    28  thirty-first, two thousand two;
    29    (ii)  thirty-seven million four hundred thousand dollars on an annual-
    30  ized basis for the period January  first,  two  thousand  three  through
    31  December thirty-first, two thousand three;
    32    (iii)  fifty-two million two hundred thousand dollars on an annualized
    33  basis for the period January first, two thousand four  through  December
    34  thirty-first, two thousand four;
    35    (iv)  fifty-two  million  two  hundred thousand dollars for the period
    36  January first, two thousand  five  through  December  thirty-first,  two
    37  thousand five;
    38    (v)  fifty-two  million  two  hundred  thousand dollars for the period
    39  January first, two thousand six through December thirty-first, two thou-
    40  sand six;
    41    (vi) forty-nine million dollars for  the  period  January  first,  two
    42  thousand seven through December thirty-first, two thousand seven;
    43    (vii)  forty-nine  million  dollars  for the period January first, two
    44  thousand eight through December thirty-first, two thousand eight; and
    45    (viii) twelve million two hundred fifty thousand dollars for the peri-
    46  od January first, two thousand  nine  through  March  thirty-first,  two
    47  thousand nine.
    48    Provided,  however,  amounts pursuant to this paragraph may be reduced
    49  in an amount to be approved by the director of  the  budget  to  reflect
    50  amounts  received  from  the  federal  government under the state's 1115
    51  waiver which are directed under its terms and conditions to  the  health
    52  workforce recruitment and retention program.
    53    (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
    54  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    55  directed  to  receive  for  deposit  to  the credit of the state special
    56  revenue funds - other, HCRA transfer fund, medical  assistance  account,

        A. 3007--B                         65
 
     1  or  any  successor  fund  or  account, for purposes of funding the state
     2  share of the non-public residential health care facility rate  increases
     3  for  recruitment  and retention of health care workers pursuant to para-
     4  graph  (a) of subdivision eighteen of section twenty-eight hundred eight
     5  of this article from the tobacco control and insurance initiatives  pool
     6  established for the following periods in the following amounts:
     7    (i)  twenty-one million five hundred thousand dollars on an annualized
     8  basis for the period January first, two thousand  two  through  December
     9  thirty-first, two thousand two;
    10    (ii) thirty-three million three hundred thousand dollars on an annual-
    11  ized  basis  for  the  period  January first, two thousand three through
    12  December thirty-first, two thousand three;
    13    (iii) forty-six million three hundred thousand dollars on  an  annual-
    14  ized  basis  for  the  period  January  first, two thousand four through
    15  December thirty-first, two thousand four;
    16    (iv) forty-six million three hundred thousand dollars for  the  period
    17  January  first,  two  thousand  five  through December thirty-first, two
    18  thousand five;
    19    (v) forty-six million three hundred thousand dollars  for  the  period
    20  January first, two thousand six through December thirty-first, two thou-
    21  sand six;
    22    (vi) thirty million nine hundred thousand dollars for the period Janu-
    23  ary  first,  two thousand seven through December thirty-first, two thou-
    24  sand seven;
    25    (vii) twenty-four million seven hundred thousand dollars for the peri-
    26  od January first, two thousand eight through December thirty-first,  two
    27  thousand eight;
    28    (viii)  twelve million three hundred seventy-five thousand dollars for
    29  the period January first, two thousand  nine  through  December  thirty-
    30  first, two thousand nine;
    31    (ix)  nine million three hundred thousand dollars for the period Janu-
    32  ary first, two thousand ten through December thirty-first, two  thousand
    33  ten; and
    34    (x)  two  million  three  hundred twenty-five thousand dollars for the
    35  period January first, two thousand eleven  through  March  thirty-first,
    36  two thousand eleven.
    37    (aa)  Funds  shall  be  reserved and accumulated from year to year and
    38  shall be available, including income from invested funds,  for  purposes
    39  of  grants  to public residential health care facilities for recruitment
    40  and retention of health care workers pursuant to paragraph (b) of subdi-
    41  vision eighteen of section twenty-eight hundred eight  of  this  article
    42  from  the tobacco control and insurance initiatives pool established for
    43  the following periods in the following amounts:
    44    (i) seven million five hundred thousand dollars on an annualized basis
    45  for the period January first, two thousand two through December  thirty-
    46  first, two thousand two;
    47    (ii)  eleven  million  seven hundred thousand dollars on an annualized
    48  basis for the period January first, two thousand three through  December
    49  thirty-first, two thousand three;
    50    (iii)  sixteen  million  two hundred thousand dollars on an annualized
    51  basis for the period January first, two thousand four  through  December
    52  thirty-first, two thousand four;
    53    (iv) sixteen million two hundred thousand dollars for the period Janu-
    54  ary first, two thousand five through December thirty-first, two thousand
    55  five;

        A. 3007--B                         66
 
     1    (v)  sixteen million two hundred thousand dollars for the period Janu-
     2  ary first, two thousand six through December thirty-first, two  thousand
     3  six;
     4    (vi) ten million eight hundred thousand dollars for the period January
     5  first,  two  thousand  seven through December thirty-first, two thousand
     6  seven;
     7    (vii) six million seven hundred fifty thousand dollars for the  period
     8  January  first,  two  thousand  eight through December thirty-first, two
     9  thousand eight; and
    10    (viii) one million three hundred fifty thousand dollars for the period
    11  January first, two thousand  nine  through  December  thirty-first,  two
    12  thousand nine.
    13    (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
    14  appropriated, and subject  to  the  availability  of  federal  financial
    15  participation,  and  the  state  comptroller  is  hereby  authorized and
    16  directed to receive for deposit to  the  credit  of  the  state  special
    17  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    18  or any successor fund or account, for  the  purpose  of  supporting  the
    19  state  share  of  adjustments  to Medicaid rates of payment for personal
    20  care services provided pursuant to paragraph (e) of subdivision  two  of
    21  section three hundred sixty-five-a of the social services law, for local
    22  social  service districts which include a city with a population of over
    23  one million persons and computed  and  distributed  in  accordance  with
    24  memorandums of understanding to be entered into between the state of New
    25  York and such local social service districts for the purpose of support-
    26  ing  the  recruitment  and retention of personal care service workers or
    27  any worker with direct patient care  responsibility,  from  the  tobacco
    28  control  and  insurance  initiatives  pool established for the following
    29  periods and the following amounts:
    30    (A) forty-four million dollars, on an annualized basis, for the period
    31  April first, two thousand two through December thirty-first,  two  thou-
    32  sand two;
    33    (B)  seventy-four  million  dollars,  on  an annualized basis, for the
    34  period January first, two thousand three through December  thirty-first,
    35  two thousand three;
    36    (C)  one hundred four million dollars, on an annualized basis, for the
    37  period January first, two thousand four through  December  thirty-first,
    38  two thousand four;
    39    (D)  one  hundred  thirty-six million dollars, on an annualized basis,
    40  for the period January first, two thousand five through  December  thir-
    41  ty-first, two thousand five;
    42    (E)  one  hundred  thirty-six million dollars, on an annualized basis,
    43  for the period January first, two thousand six through December  thirty-
    44  first, two thousand six;
    45    (F)  one  hundred  thirty-six  million  dollars for the period January
    46  first, two thousand seven through December  thirty-first,  two  thousand
    47  seven;
    48    (G)  one  hundred  thirty-six  million  dollars for the period January
    49  first, two thousand eight through December  thirty-first,  two  thousand
    50  eight;
    51    (H)  one  hundred  thirty-six  million  dollars for the period January
    52  first, two thousand nine through  December  thirty-first,  two  thousand
    53  nine;
    54    (I)  one  hundred  thirty-six  million  dollars for the period January
    55  first, two thousand ten through December thirty-first, two thousand ten;

        A. 3007--B                         67

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

        A. 3007--B                         68
 
     1    (iii) Personal care service providers which have their rates  adjusted
     2  pursuant  to  this  paragraph  shall  use  such funds for the purpose of
     3  recruitment and retention  of  non-supervisory  personal  care  services
     4  workers  or  any worker with direct patient care responsibility only and
     5  are  prohibited  from  using such funds for any other purpose. Each such
     6  personal care services provider shall submit, at a time and in a  manner
     7  to  be determined by the commissioner, a written certification attesting
     8  that such funds will be used solely for the purpose of  recruitment  and
     9  retention of non-supervisory personal care services workers or any work-
    10  er  with direct patient care responsibility. The commissioner is author-
    11  ized to audit each such provider to ensure compliance with  the  written
    12  certification  required  by  this subdivision and shall recoup any funds
    13  determined to have been used for purposes  other  than  recruitment  and
    14  retention of non-supervisory personal care services workers or any work-
    15  er  with direct patient care responsibility. Such recoupment shall be in
    16  addition to any other penalties provided by law.
    17    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
    18  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    19  directed to receive for deposit to  the  credit  of  the  state  special
    20  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    21  or any successor fund or account, for  the  purpose  of  supporting  the
    22  state  share  of  adjustments  to Medicaid rates of payment for personal
    23  care services provided pursuant to paragraph (e) of subdivision  two  of
    24  section three hundred sixty-five-a of the social services law, for local
    25  social  service  districts  which  shall not include a city with a popu-
    26  lation of over one million persons for the  purpose  of  supporting  the
    27  personal  care  services  worker  recruitment  and  retention program as
    28  established pursuant to  section  three  hundred  sixty-seven-q  of  the
    29  social  services law, from the tobacco control and insurance initiatives
    30  pool established for the following periods and the following amounts:
    31    (i) two million eight hundred thousand dollars for  the  period  April
    32  first, two thousand two through December thirty-first, two thousand two;
    33    (ii)  five  million  six  hundred  thousand  dollars, on an annualized
    34  basis, for the period January first, two thousand three through December
    35  thirty-first, two thousand three;
    36    (iii) eight million four hundred thousand dollars,  on  an  annualized
    37  basis,  for the period January first, two thousand four through December
    38  thirty-first, two thousand four;
    39    (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
    40  basis,  for the period January first, two thousand five through December
    41  thirty-first, two thousand five;
    42    (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
    43  basis,  for  the period January first, two thousand six through December
    44  thirty-first, two thousand six;
    45    (vi) eleven million two hundred thousand dollars for the period  Janu-
    46  ary  first,  two thousand seven through December thirty-first, two thou-
    47  sand seven;
    48    (vii) eleven million two hundred thousand dollars for the period Janu-
    49  ary first, two thousand eight through December thirty-first,  two  thou-
    50  sand eight;
    51    (viii)  eleven  million  two  hundred  thousand dollars for the period
    52  January first, two thousand  nine  through  December  thirty-first,  two
    53  thousand nine;
    54    (ix)  eleven million two hundred thousand dollars for the period Janu-
    55  ary first, two thousand ten through December thirty-first, two  thousand
    56  ten;

        A. 3007--B                         69
 
     1    (x)  two million eight hundred thousand dollars for the period January
     2  first, two thousand eleven  through  March  thirty-first,  two  thousand
     3  eleven;
     4    (xi)  up  to  eleven  million  two hundred thousand dollars each state
     5  fiscal year for the period April  first,  two  thousand  eleven  through
     6  March thirty-first, two thousand fourteen;
     7    (xii)  up  to  eleven  million two hundred thousand dollars each state
     8  fiscal year for the period April first, two  thousand  fourteen  through
     9  March thirty-first, two thousand seventeen;
    10    (xiii)  up  to  eleven million two hundred thousand dollars each state
    11  fiscal year for the period April first, two thousand  seventeen  through
    12  March thirty-first, two thousand twenty; [and]
    13    (xiv)  up  to  eleven  million two hundred thousand dollars each state
    14  fiscal year for the period April  first,  two  thousand  twenty  through
    15  March thirty-first, two thousand twenty-three; and
    16    (xv)  up  to  eleven  million  two hundred thousand dollars each state
    17  fiscal year for  the  period  April  first,  two  thousand  twenty-three
    18  through March thirty-first, two thousand twenty-six.
    19    (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed  to  receive  for  deposit  to  the credit of the state special
    22  revenue fund - other, HCRA transfer fund, medical assistance account, or
    23  any successor fund or account, for purposes of funding the  state  share
    24  of Medicaid expenditures for physician services from the tobacco control
    25  and  insurance initiatives pool established for the following periods in
    26  the following amounts:
    27    (i) up to fifty-two million dollars for the period January first,  two
    28  thousand two through December thirty-first, two thousand two;
    29    (ii)  eighty-one  million  two hundred thousand dollars for the period
    30  January first, two thousand three  through  December  thirty-first,  two
    31  thousand three;
    32    (iii)  eighty-five million two hundred thousand dollars for the period
    33  January first, two thousand  four  through  December  thirty-first,  two
    34  thousand four;
    35    (iv)  eighty-five  million two hundred thousand dollars for the period
    36  January first, two thousand  five  through  December  thirty-first,  two
    37  thousand five;
    38    (v)  eighty-five  million  two hundred thousand dollars for the period
    39  January first, two thousand six through December thirty-first, two thou-
    40  sand six;
    41    (vi) eighty-five million two hundred thousand dollars for  the  period
    42  January  first,  two  thousand  seven through December thirty-first, two
    43  thousand seven;
    44    (vii) eighty-five million two hundred thousand dollars for the  period
    45  January  first,  two  thousand  eight through December thirty-first, two
    46  thousand eight;
    47    (viii) eighty-five million two hundred thousand dollars for the period
    48  January first, two thousand  nine  through  December  thirty-first,  two
    49  thousand nine;
    50    (ix)  eighty-five  million two hundred thousand dollars for the period
    51  January first, two thousand ten through December thirty-first, two thou-
    52  sand ten;
    53    (x) twenty-one million three hundred thousand dollars for  the  period
    54  January first, two thousand eleven through March thirty-first, two thou-
    55  sand eleven; and

        A. 3007--B                         70
 
     1    (xi)  eighty-five  million  two  hundred  thousand  dollars each state
     2  fiscal year for the period April  first,  two  thousand  eleven  through
     3  March thirty-first, two thousand fourteen.
     4    (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
     5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the credit of the state special
     7  revenue fund - other, HCRA transfer fund, medical assistance account, or
     8  any successor fund or account, for purposes of funding the  state  share
     9  of  the free-standing diagnostic and treatment center rate increases for
    10  recruitment and retention of health care workers pursuant to subdivision
    11  seventeen of section twenty-eight hundred seven of this article from the
    12  tobacco control and  insurance  initiatives  pool  established  for  the
    13  following periods in the following amounts:
    14    (i)  three  million  two hundred fifty thousand dollars for the period
    15  April first, two thousand two through December thirty-first,  two  thou-
    16  sand two;
    17    (ii) three million two hundred fifty thousand dollars on an annualized
    18  basis  for the period January first, two thousand three through December
    19  thirty-first, two thousand three;
    20    (iii) three million two hundred fifty thousand dollars on  an  annual-
    21  ized  basis  for  the  period  January  first, two thousand four through
    22  December thirty-first, two thousand four;
    23    (iv) three million two hundred fifty thousand dollars for  the  period
    24  January  first,  two  thousand  five  through December thirty-first, two
    25  thousand five;
    26    (v) three million two hundred fifty thousand dollars  for  the  period
    27  January first, two thousand six through December thirty-first, two thou-
    28  sand six;
    29    (vi)  three  million two hundred fifty thousand dollars for the period
    30  January first, two thousand seven  through  December  thirty-first,  two
    31  thousand seven;
    32    (vii) three million four hundred thirty-eight thousand dollars for the
    33  period  January first, two thousand eight through December thirty-first,
    34  two thousand eight;
    35    (viii) two million four hundred fifty thousand dollars for the  period
    36  January  first,  two  thousand  nine  through December thirty-first, two
    37  thousand nine;
    38    (ix) one million five hundred thousand dollars for the period  January
    39  first, two thousand ten through December thirty-first, two thousand ten;
    40  and
    41    (x)  three hundred twenty-five thousand dollars for the period January
    42  first, two thousand eleven  through  March  thirty-first,  two  thousand
    43  eleven.
    44    (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
    45  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    46  directed  to  receive  for  deposit  to  the credit of the state special
    47  revenue fund - other, HCRA transfer fund, medical assistance account, or
    48  any successor fund or account, for purposes of funding the  state  share
    49  of  Medicaid expenditures for disabled persons as authorized pursuant to
    50  former subparagraphs twelve and thirteen of paragraph (a) of subdivision
    51  one of section three hundred sixty-six of the social services  law  from
    52  the  tobacco  control and insurance initiatives pool established for the
    53  following periods in the following amounts:
    54    (i) one million eight hundred thousand dollars for  the  period  April
    55  first, two thousand two through December thirty-first, two thousand two;

        A. 3007--B                         71
 
     1    (ii)  sixteen  million  four hundred thousand dollars on an annualized
     2  basis for the period January first, two thousand three through  December
     3  thirty-first, two thousand three;
     4    (iii) eighteen million seven hundred thousand dollars on an annualized
     5  basis  for  the period January first, two thousand four through December
     6  thirty-first, two thousand four;
     7    (iv) thirty million six hundred thousand dollars for the period  Janu-
     8  ary first, two thousand five through December thirty-first, two thousand
     9  five;
    10    (v) thirty million six hundred thousand dollars for the period January
    11  first, two thousand six through December thirty-first, two thousand six;
    12    (vi)  thirty million six hundred thousand dollars for the period Janu-
    13  ary first, two thousand seven through December thirty-first,  two  thou-
    14  sand seven;
    15    (vii)  fifteen million dollars for the period January first, two thou-
    16  sand eight through December thirty-first, two thousand eight;
    17    (viii) fifteen million dollars for the period January first, two thou-
    18  sand nine through December thirty-first, two thousand nine;
    19    (ix) fifteen million dollars for the period January first,  two  thou-
    20  sand ten through December thirty-first, two thousand ten;
    21    (x)  three million seven hundred fifty thousand dollars for the period
    22  January first, two thousand eleven through March thirty-first, two thou-
    23  sand eleven;
    24    (xi) fifteen million dollars each state fiscal  year  for  the  period
    25  April  first,  two thousand eleven through March thirty-first, two thou-
    26  sand fourteen;
    27    (xii) fifteen million dollars each state fiscal year  for  the  period
    28  April first, two thousand fourteen through March thirty-first, two thou-
    29  sand seventeen;
    30    (xiii)  fifteen  million dollars each state fiscal year for the period
    31  April first, two thousand  seventeen  through  March  thirty-first,  two
    32  thousand twenty; [and]
    33    (xiv)  fifteen  million  dollars each state fiscal year for the period
    34  April first, two thousand twenty through March thirty-first,  two  thou-
    35  sand twenty-three; and
    36    (xv)  fifteen  million  dollars  each state fiscal year for the period
    37  April first, two thousand twenty-three through March  thirty-first,  two
    38  thousand twenty-six.
    39    (gg)  Funds  shall  be  reserved and accumulated from year to year and
    40  shall be available, including income from invested funds,  for  purposes
    41  of  grants  to non-public general hospitals pursuant to paragraph (c) of
    42  subdivision thirty of section twenty-eight hundred seven-c of this arti-
    43  cle from the tobacco control and insurance initiatives pool  established
    44  for the following periods in the following amounts:
    45    (i)  up to one million three hundred thousand dollars on an annualized
    46  basis for the period January first, two thousand  two  through  December
    47  thirty-first, two thousand two;
    48    (ii) up to three million two hundred thousand dollars on an annualized
    49  basis  for the period January first, two thousand three through December
    50  thirty-first, two thousand three;
    51    (iii) up to five million six hundred thousand dollars on an annualized
    52  basis for the period January first, two thousand four  through  December
    53  thirty-first, two thousand four;
    54    (iv)  up  to eight million six hundred thousand dollars for the period
    55  January first, two thousand  five  through  December  thirty-first,  two
    56  thousand five;

        A. 3007--B                         72
 
     1    (v)  up to eight million six hundred thousand dollars on an annualized
     2  basis for the period January first, two thousand  six  through  December
     3  thirty-first, two thousand six;
     4    (vi)  up  to  two  million six hundred thousand dollars for the period
     5  January first, two thousand seven  through  December  thirty-first,  two
     6  thousand seven;
     7    (vii)  up  to  two million six hundred thousand dollars for the period
     8  January first, two thousand eight  through  December  thirty-first,  two
     9  thousand eight;
    10    (viii)  up  to two million six hundred thousand dollars for the period
    11  January first, two thousand  nine  through  December  thirty-first,  two
    12  thousand nine;
    13    (ix)  up  to  two  million six hundred thousand dollars for the period
    14  January first, two thousand ten through December thirty-first, two thou-
    15  sand ten; and
    16    (x) up to six hundred fifty thousand dollars for  the  period  January
    17  first,  two  thousand  eleven  through  March thirty-first, two thousand
    18  eleven.
    19    (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed to receive for deposit to the credit  of  the  special  revenue
    22  fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
    23  purposes of providing financial assistance to  residential  health  care
    24  facilities  pursuant  to subdivisions nineteen and twenty-one of section
    25  twenty-eight hundred eight of this article, from the tobacco control and
    26  insurance initiatives pool established for the following periods in  the
    27  following amounts:
    28    (i)  for  the  period  April  first, two thousand two through December
    29  thirty-first, two thousand two, ten million dollars;
    30    (ii) for the period January first, two thousand three through December
    31  thirty-first, two thousand three, nine million four hundred fifty  thou-
    32  sand dollars;
    33    (iii) for the period January first, two thousand four through December
    34  thirty-first,  two thousand four, nine million three hundred fifty thou-
    35  sand dollars;
    36    (iv) up to fifteen million dollars for the period January  first,  two
    37  thousand five through December thirty-first, two thousand five;
    38    (v)  up  to  fifteen million dollars for the period January first, two
    39  thousand six through December thirty-first, two thousand six;
    40    (vi) up to fifteen million dollars for the period January  first,  two
    41  thousand seven through December thirty-first, two thousand seven;
    42    (vii)  up to fifteen million dollars for the period January first, two
    43  thousand eight through December thirty-first, two thousand eight;
    44    (viii) up to fifteen million dollars for the period January first, two
    45  thousand nine through December thirty-first, two thousand nine;
    46    (ix) up to fifteen million dollars for the period January  first,  two
    47  thousand ten through December thirty-first, two thousand ten;
    48    (x)  up  to three million seven hundred fifty thousand dollars for the
    49  period January first, two thousand eleven  through  March  thirty-first,
    50  two thousand eleven; and
    51    (xi)  fifteen  million  dollars  each state fiscal year for the period
    52  April first, two thousand eleven through March thirty-first,  two  thou-
    53  sand fourteen.
    54    (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed  to  receive  for  deposit  to  the credit of the state special

        A. 3007--B                         73
 
     1  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     2  or  any  successor  fund  or  account, for the purpose of supporting the
     3  state share of Medicaid expenditures for disabled persons as  authorized
     4  by sections 1619 (a) and (b) of the federal social security act pursuant
     5  to  the  tobacco  control and insurance initiatives pool established for
     6  the following periods in the following amounts:
     7    (i) six million four hundred thousand dollars  for  the  period  April
     8  first, two thousand two through December thirty-first, two thousand two;
     9    (ii) eight million five hundred thousand dollars, for the period Janu-
    10  ary  first,  two thousand three through December thirty-first, two thou-
    11  sand three;
    12    (iii) eight million five hundred thousand dollars for the period Janu-
    13  ary first, two thousand four through December thirty-first, two thousand
    14  four;
    15    (iv) eight million five hundred thousand dollars for the period  Janu-
    16  ary first, two thousand five through December thirty-first, two thousand
    17  five;
    18    (v) eight million five hundred thousand dollars for the period January
    19  first, two thousand six through December thirty-first, two thousand six;
    20    (vi) eight million six hundred thousand dollars for the period January
    21  first,  two  thousand  seven through December thirty-first, two thousand
    22  seven;
    23    (vii) eight million five hundred thousand dollars for the period Janu-
    24  ary first, two thousand eight through December thirty-first,  two  thou-
    25  sand eight;
    26    (viii)  eight  million  five  hundred  thousand dollars for the period
    27  January first, two thousand  nine  through  December  thirty-first,  two
    28  thousand nine;
    29    (ix)  eight million five hundred thousand dollars for the period Janu-
    30  ary first, two thousand ten through December thirty-first, two  thousand
    31  ten;
    32    (x) two million one hundred twenty-five thousand dollars for the peri-
    33  od  January  first,  two thousand eleven through March thirty-first, two
    34  thousand eleven;
    35    (xi) eight million five hundred thousand  dollars  each  state  fiscal
    36  year for the period April first, two thousand eleven through March thir-
    37  ty-first, two thousand fourteen;
    38    (xii)  eight  million  five hundred thousand dollars each state fiscal
    39  year for the period April first, two  thousand  fourteen  through  March
    40  thirty-first, two thousand seventeen;
    41    (xiii)  eight  million five hundred thousand dollars each state fiscal
    42  year for the period April first, two thousand  seventeen  through  March
    43  thirty-first, two thousand twenty; [and]
    44    (xiv)  eight  million  five hundred thousand dollars each state fiscal
    45  year for the period April first, two thousand twenty through March thir-
    46  ty-first, two thousand twenty-three; and
    47    (xv) eight million five hundred thousand  dollars  each  state  fiscal
    48  year for the period April first, two thousand twenty-three through March
    49  thirty-first, two thousand twenty-six.
    50    (jj)  Funds  shall  be  reserved and accumulated from year to year and
    51  shall be available,  including  income  from  invested  funds,  for  the
    52  purposes  of  a grant program to improve access to infertility services,
    53  treatments and procedures, from the tobacco control and insurance initi-
    54  atives pool established for the period January first, two  thousand  two
    55  through  December  thirty-first,  two thousand two in the amount of nine
    56  million one hundred seventy-five thousand dollars, for the period  April

        A. 3007--B                         74

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

        A. 3007--B                         75
 
     1    (iii)  one  hundred twenty-four million seven hundred thousand dollars
     2  for the period January first, two thousand four through  December  thir-
     3  ty-first, two thousand four;
     4    (iv)  one  hundred  twenty-four million seven hundred thousand dollars
     5  for the period January first, two thousand five through  December  thir-
     6  ty-first, two thousand five;
     7    (v) one hundred twenty-four million seven hundred thousand dollars for
     8  the  period  January  first,  two  thousand six through December thirty-
     9  first, two thousand six;
    10    (vi) one hundred twenty-four million seven  hundred  thousand  dollars
    11  for  the period January first, two thousand seven through December thir-
    12  ty-first, two thousand seven;
    13    (vii) one hundred twenty-four million seven hundred  thousand  dollars
    14  for  the period January first, two thousand eight through December thir-
    15  ty-first, two thousand eight;
    16    (viii) one hundred twenty-four million seven hundred thousand  dollars
    17  for  the  period January first, two thousand nine through December thir-
    18  ty-first, two thousand nine;
    19    (ix) one hundred twenty-four million seven  hundred  thousand  dollars
    20  for  the period January first, two thousand ten through December thirty-
    21  first, two thousand ten;
    22    (x) thirty-one million one hundred seventy-five thousand  dollars  for
    23  the  period  January  first,  two  thousand eleven through March thirty-
    24  first, two thousand eleven; and
    25    (xi) one hundred twenty-four million seven  hundred  thousand  dollars
    26  each  state  fiscal year for the period April first, two thousand eleven
    27  through March thirty-first, two thousand fourteen.
    28    (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
    29  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    30  directed to receive for deposit to  the  credit  of  the  state  special
    31  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    32  or any successor fund or account,  for  purposes  of  funding  specified
    33  percentages  of  the state share of services and expenses related to the
    34  family health plus program in accordance with the following schedule:
    35    (i) (A) for the period  January  first,  two  thousand  three  through
    36  December  thirty-first,  two  thousand  four, one hundred percent of the
    37  state share;
    38    (B) for the period January first, two thousand five  through  December
    39  thirty-first,  two  thousand  five,  seventy-five  percent  of the state
    40  share; and
    41    (C) for periods beginning on and after  January  first,  two  thousand
    42  six, fifty percent of the state share.
    43    (ii)  Funding  for  the  family health plus program will include up to
    44  five million dollars annually for the period January first, two thousand
    45  three through December  thirty-first,  two  thousand  six,  up  to  five
    46  million dollars for the period January first, two thousand seven through
    47  December  thirty-first,  two  thousand  seven,  up  to seven million two
    48  hundred thousand dollars for the  period  January  first,  two  thousand
    49  eight  through  December  thirty-first,  two thousand eight, up to seven
    50  million two hundred thousand dollars for the period January  first,  two
    51  thousand  nine  through  December thirty-first, two thousand nine, up to
    52  seven million two hundred thousand dollars for the period January first,
    53  two thousand ten through December thirty-first, two thousand ten, up  to
    54  one million eight hundred thousand dollars for the period January first,
    55  two  thousand eleven through March thirty-first, two thousand eleven, up
    56  to six million forty-nine thousand dollars for the period  April  first,

        A. 3007--B                         76
 
     1  two  thousand eleven through March thirty-first, two thousand twelve, up
     2  to six million two hundred eighty-nine thousand dollars for  the  period
     3  April  first,  two thousand twelve through March thirty-first, two thou-
     4  sand  thirteen,  and  up  to six million four hundred sixty-one thousand
     5  dollars for the period April first, two thousand thirteen through  March
     6  thirty-first,  two  thousand  fourteen, for administration and marketing
     7  costs associated with such program established pursuant to  clauses  (A)
     8  and  (B)  of subparagraph (v) of paragraph (a) of subdivision two of the
     9  former section three hundred sixty-nine-ee of the  social  services  law
    10  from  the tobacco control and insurance initiatives pool established for
    11  the following periods in the following amounts:
    12    (A) one hundred ninety million six hundred thousand  dollars  for  the
    13  period  January first, two thousand three through December thirty-first,
    14  two thousand three;
    15    (B) three hundred seventy-four million dollars for the period  January
    16  first,  two  thousand  four  through December thirty-first, two thousand
    17  four;
    18    (C) five hundred thirty-eight million four  hundred  thousand  dollars
    19  for  the  period January first, two thousand five through December thir-
    20  ty-first, two thousand five;
    21    (D) three hundred eighteen million seven hundred seventy-five thousand
    22  dollars for the period January first, two thousand six through  December
    23  thirty-first, two thousand six;
    24    (E) four hundred eighty-two million eight hundred thousand dollars for
    25  the  period  January  first, two thousand seven through December thirty-
    26  first, two thousand seven;
    27    (F) five hundred seventy million twenty-five thousand dollars for  the
    28  period  January first, two thousand eight through December thirty-first,
    29  two thousand eight;
    30    (G) six hundred ten million seven hundred twenty-five thousand dollars
    31  for the period January first, two thousand nine through  December  thir-
    32  ty-first, two thousand nine;
    33    (H) six hundred twenty-seven million two hundred seventy-five thousand
    34  dollars  for the period January first, two thousand ten through December
    35  thirty-first, two thousand ten;
    36    (I) one hundred fifty-seven million eight hundred  seventy-five  thou-
    37  sand  dollars  for the period January first, two thousand eleven through
    38  March thirty-first, two thousand eleven;
    39    (J) six hundred twenty-eight million four hundred thousand dollars for
    40  the period April first, two thousand eleven through March  thirty-first,
    41  two thousand twelve;
    42    (K)  six  hundred  fifty million four hundred thousand dollars for the
    43  period April first, two thousand twelve through March thirty-first,  two
    44  thousand thirteen;
    45    (L)  six  hundred  fifty million four hundred thousand dollars for the
    46  period April first, two thousand thirteen  through  March  thirty-first,
    47  two thousand fourteen; and
    48    (M)  up to three hundred ten million five hundred ninety-five thousand
    49  dollars for the period April first, two thousand fourteen through  March
    50  thirty-first, two thousand fifteen.
    51    (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
    52  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    53  directed  to  receive  for  deposit  to  the credit of the state special
    54  revenue fund - other, HCRA transfer fund, health care services  account,
    55  or  any  successor  fund  or account, for purposes related to adult home
    56  initiatives for medicaid eligible residents  of  residential  facilities

        A. 3007--B                         77
 
     1  licensed pursuant to section four hundred sixty-b of the social services
     2  law  from the tobacco control and insurance initiatives pool established
     3  for the following periods in the following amounts:
     4    (i) up to four million dollars for the period January first, two thou-
     5  sand three through December thirty-first, two thousand three;
     6    (ii) up to six million dollars for the period January first, two thou-
     7  sand four through December thirty-first, two thousand four;
     8    (iii)  up  to  eight million dollars for the period January first, two
     9  thousand  five  through  December  thirty-first,  two   thousand   five,
    10  provided,  however,  that  up to five million two hundred fifty thousand
    11  dollars of such funds shall be received by the comptroller and deposited
    12  to the credit of the special revenue fund - other / aid  to  localities,
    13  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    14  any successor fund or account, for the purposes set forth in this  para-
    15  graph;
    16    (iv)  up  to  eight  million dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand six,  provided,
    18  however,  that  up to five million two hundred fifty thousand dollars of
    19  such funds shall be received by the comptroller  and  deposited  to  the
    20  credit  of  the  special  revenue fund - other / aid to localities, HCRA
    21  transfer fund - 061, enhanced community services account -  05,  or  any
    22  successor fund or account, for the purposes set forth in this paragraph;
    23    (v)  up  to  eight  million  dollars for the period January first, two
    24  thousand  seven  through  December  thirty-first,  two  thousand  seven,
    25  provided,  however,  that  up to five million two hundred fifty thousand
    26  dollars of such funds shall be received by the comptroller and deposited
    27  to the credit of the special revenue fund - other / aid  to  localities,
    28  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    29  any successor fund or account, for the purposes set forth in this  para-
    30  graph;
    31    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    32  period January first, two thousand eight through December  thirty-first,
    33  two thousand eight;
    34    (vii)  up  to two million seven hundred fifty thousand dollars for the
    35  period January first, two thousand nine through  December  thirty-first,
    36  two thousand nine;
    37    (viii)  up to two million seven hundred fifty thousand dollars for the
    38  period January first, two thousand ten  through  December  thirty-first,
    39  two thousand ten; and
    40    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
    41  January first, two thousand eleven through March thirty-first, two thou-
    42  sand eleven.
    43    (oo) Funds shall be reserved and accumulated from  year  to  year  and
    44  shall  be  available, including income from invested funds, for purposes
    45  of grants to non-public general hospitals pursuant to paragraph  (e)  of
    46  subdivision  twenty-five of section twenty-eight hundred seven-c of this
    47  article from the tobacco control and insurance initiatives  pool  estab-
    48  lished for the following periods in the following amounts:
    49    (i)  up  to five million dollars on an annualized basis for the period
    50  January first, two thousand  four  through  December  thirty-first,  two
    51  thousand four;
    52    (ii)  up  to  five  million  dollars for the period January first, two
    53  thousand five through December thirty-first, two thousand five;
    54    (iii) up to five million dollars for the  period  January  first,  two
    55  thousand six through December thirty-first, two thousand six;

        A. 3007--B                         78
 
     1    (iv)  up  to  five  million  dollars for the period January first, two
     2  thousand seven through December thirty-first, two thousand seven;
     3    (v) up to five million dollars for the period January first, two thou-
     4  sand eight through December thirty-first, two thousand eight;
     5    (vi)  up  to  five  million  dollars for the period January first, two
     6  thousand nine through December thirty-first, two thousand nine;
     7    (vii) up to five million dollars for the  period  January  first,  two
     8  thousand ten through December thirty-first, two thousand ten; and
     9    (viii)  up  to  one million two hundred fifty thousand dollars for the
    10  period January first, two thousand eleven  through  March  thirty-first,
    11  two thousand eleven.
    12    (pp)  Funds  shall  be  reserved and accumulated from year to year and
    13  shall be available,  including  income  from  invested  funds,  for  the
    14  purpose  of  supporting  the provision of tax credits for long term care
    15  insurance pursuant to subdivision one of section one hundred  ninety  of
    16  the  tax  law,  paragraph  (a)  of  subdivision  fourteen of section two
    17  hundred ten-B of such law, subsection (aa) of section six hundred six of
    18  such law and paragraph one of subdivision (m) of section fifteen hundred
    19  eleven of such law, in the following amounts:
    20    (i) ten million dollars for the period  January  first,  two  thousand
    21  four through December thirty-first, two thousand four;
    22    (ii)  ten  million  dollars for the period January first, two thousand
    23  five through December thirty-first, two thousand five;
    24    (iii) ten million dollars for the period January first,  two  thousand
    25  six through December thirty-first, two thousand six; and
    26    (iv)  five  million dollars for the period January first, two thousand
    27  seven through June thirtieth, two thousand seven.
    28    (qq) Funds shall be reserved and accumulated from  year  to  year  and
    29  shall  be  available,  including  income  from  invested  funds, for the
    30  purpose  of  supporting  the  long-term  care  insurance  education  and
    31  outreach program established pursuant to section two hundred seventeen-a
    32  of the elder law for the following periods in the following amounts:
    33    (i) up to five million dollars for the period January first, two thou-
    34  sand  four  through  December  thirty-first,  two thousand four; of such
    35  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    36  available  to the department for the purpose of developing, implementing
    37  and administering the long-term care insurance  education  and  outreach
    38  program  and  three million fifty thousand dollars shall be deposited by
    39  the commissioner, within amounts appropriated, and  the  comptroller  is
    40  hereby  authorized  and directed to receive for deposit to the credit of
    41  the special revenue funds - other, HCRA transfer fund,  long  term  care
    42  insurance  resource  center account of the state office for the aging or
    43  any future account designated for the purpose of implementing  the  long
    44  term  care  insurance  education  and outreach program and providing the
    45  long term care insurance resource centers with the  necessary  resources
    46  to carry out their operations;
    47    (ii)  up  to  five  million  dollars for the period January first, two
    48  thousand five through December thirty-first, two thousand five; of  such
    49  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    50  available to the department for the purpose of developing,  implementing
    51  and  administering  the  long-term care insurance education and outreach
    52  program and three million fifty thousand dollars shall be  deposited  by
    53  the  commissioner,  within  amounts appropriated, and the comptroller is
    54  hereby authorized and directed to receive for deposit to the  credit  of
    55  the  special  revenue  funds - other, HCRA transfer fund, long term care
    56  insurance resource center account of the state office for the  aging  or

        A. 3007--B                         79
 
     1  any  future  account designated for the purpose of implementing the long
     2  term care insurance education and outreach  program  and  providing  the
     3  long  term  care insurance resource centers with the necessary resources
     4  to carry out their operations;
     5    (iii)  up  to  five  million dollars for the period January first, two
     6  thousand six through December thirty-first, two thousand  six;  of  such
     7  funds  one  million  nine  hundred  fifty thousand dollars shall be made
     8  available to the department for the purpose of developing,  implementing
     9  and  administering  the  long-term care insurance education and outreach
    10  program and three million fifty thousand dollars shall be made available
    11  to the office for the aging for the purpose of providing the  long  term
    12  care  insurance  resource  centers with the necessary resources to carry
    13  out their operations;
    14    (iv) up to five million dollars for  the  period  January  first,  two
    15  thousand  seven  through  December  thirty-first, two thousand seven; of
    16  such funds one million nine hundred fifty thousand dollars shall be made
    17  available to the department for the purpose of developing,  implementing
    18  and  administering  the  long-term care insurance education and outreach
    19  program and three million fifty thousand dollars shall be made available
    20  to the office for the aging for the purpose of providing the  long  term
    21  care  insurance  resource  centers with the necessary resources to carry
    22  out their operations;
    23    (v) up to five million dollars for the period January first, two thou-
    24  sand eight through December thirty-first, two thousand  eight;  of  such
    25  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    26  available to the department for the purpose of developing,  implementing
    27  and  administering  the  long term care insurance education and outreach
    28  program and three million fifty thousand dollars shall be made available
    29  to the office for the aging for the purpose of providing the  long  term
    30  care  insurance  resource  centers with the necessary resources to carry
    31  out their operations;
    32    (vi) up to five million dollars for  the  period  January  first,  two
    33  thousand  nine through December thirty-first, two thousand nine; of such
    34  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    35  available  to the department for the purpose of developing, implementing
    36  and administering the long-term care insurance  education  and  outreach
    37  program and three million fifty thousand dollars shall be made available
    38  to  the  office for the aging for the purpose of providing the long-term
    39  care insurance resource centers with the necessary  resources  to  carry
    40  out their operations;
    41    (vii)  up to four hundred eighty-eight thousand dollars for the period
    42  January first, two thousand ten through March thirty-first, two thousand
    43  ten; of such funds four hundred eighty-eight thousand dollars  shall  be
    44  made  available  to the department for the purpose of developing, imple-
    45  menting and administering the long-term  care  insurance  education  and
    46  outreach program.
    47    (rr)  Funds shall be reserved and accumulated from the tobacco control
    48  and insurance initiatives pool and shall be available, including  income
    49  from  invested  funds, for the purpose of supporting expenses related to
    50  implementation of the provisions of title three of article twenty-nine-D
    51  of this chapter, for the following periods and in the following amounts:
    52    (i) up to ten million dollars for the period January first, two  thou-
    53  sand six through December thirty-first, two thousand six;
    54    (ii) up to ten million dollars for the period January first, two thou-
    55  sand seven through December thirty-first, two thousand seven;

        A. 3007--B                         80
 
     1    (iii)  up  to  ten  million  dollars for the period January first, two
     2  thousand eight through December thirty-first, two thousand eight;
     3    (iv) up to ten million dollars for the period January first, two thou-
     4  sand nine through December thirty-first, two thousand nine;
     5    (v)  up to ten million dollars for the period January first, two thou-
     6  sand ten through December thirty-first, two thousand ten; and
     7    (vi) up to two million five hundred thousand dollars  for  the  period
     8  January first, two thousand eleven through March thirty-first, two thou-
     9  sand eleven.
    10    (ss)  Funds shall be reserved and accumulated from the tobacco control
    11  and insurance initiatives pool and used for a health care  stabilization
    12  program  established by the commissioner for the purposes of stabilizing
    13  critical health care providers and health care programs whose ability to
    14  continue to provide appropriate services are threatened by financial  or
    15  other  challenges,  in  the amount of up to twenty-eight million dollars
    16  for the period July first, two thousand four through June thirtieth, two
    17  thousand five. Notwithstanding the provisions  of  section  one  hundred
    18  twelve  of  the state finance law or any other inconsistent provision of
    19  the state finance law or any other law, funds available for distribution
    20  pursuant to this paragraph may  be  allocated  and  distributed  by  the
    21  commissioner,  or  the state comptroller as applicable without a compet-
    22  itive bid or request for proposal process. Considerations relied upon by
    23  the commissioner in determining the allocation and distribution of these
    24  funds shall include, but not be  limited  to,  the  following:  (i)  the
    25  importance  of  the  provider or program in meeting critical health care
    26  needs in the community in  which  it  operates;  (ii)  the  provider  or
    27  program provision of care to under-served populations; (iii) the quality
    28  of the care or services the provider or program delivers; (iv) the abil-
    29  ity  of  the  provider  or program to continue to deliver an appropriate
    30  level of care or services if additional funding is made  available;  (v)
    31  the  ability  of  the provider or program to access, in a timely manner,
    32  alternative sources of funding, including other  sources  of  government
    33  funding; (vi) the ability of other providers or programs in the communi-
    34  ty  to  meet the community health care needs; (vii) whether the provider
    35  or program has an appropriate plan to improve its  financial  condition;
    36  and  (viii)  whether  additional  funding  would  permit the provider or
    37  program to consolidate, relocate, or close programs  or  services  where
    38  such  actions  would  result  in greater stability and efficiency in the
    39  delivery of needed health care services or programs.
    40    (tt) Funds shall be reserved and accumulated from  year  to  year  and
    41  shall  be  available, including income from invested funds, for purposes
    42  of providing grants  for  two  long  term  care  demonstration  projects
    43  designed  to test new models for the delivery of long term care services
    44  established pursuant to section twenty-eight  hundred  seven-x  of  this
    45  chapter, for the following periods and in the following amounts:
    46    (i)  up to five hundred thousand dollars for the period January first,
    47  two thousand four through December thirty-first, two thousand four;
    48    (ii) up to five hundred thousand dollars for the period January first,
    49  two thousand five through December thirty-first, two thousand five;
    50    (iii) up to five hundred  thousand  dollars  for  the  period  January
    51  first, two thousand six through December thirty-first, two thousand six;
    52    (iv) up to one million dollars for the period January first, two thou-
    53  sand seven through December thirty-first, two thousand seven; and
    54    (v)  up  to  two hundred fifty thousand dollars for the period January
    55  first, two thousand  eight  through  March  thirty-first,  two  thousand
    56  eight.

        A. 3007--B                         81
 
     1    (uu)  Funds  shall  be  reserved and accumulated from year to year and
     2  shall be available,  including  income  from  invested  funds,  for  the
     3  purpose  of supporting disease management and telemedicine demonstration
     4  programs authorized pursuant to section  twenty-one  hundred  eleven  of
     5  this chapter for the following periods in the following amounts:
     6    (i)  five  million  dollars for the period January first, two thousand
     7  four through December thirty-first, two thousand four,  of  which  three
     8  million  dollars shall be available for disease management demonstration
     9  programs and two million dollars shall  be  available  for  telemedicine
    10  demonstration programs;
    11    (ii)  five  million dollars for the period January first, two thousand
    12  five through December thirty-first, two thousand five,  of  which  three
    13  million  dollars shall be available for disease management demonstration
    14  programs and two million dollars shall  be  available  for  telemedicine
    15  demonstration programs;
    16    (iii)  nine million five hundred thousand dollars for the period Janu-
    17  ary first, two thousand six through December thirty-first, two  thousand
    18  six,  of  which  seven  million  five  hundred thousand dollars shall be
    19  available for disease management demonstration programs and two  million
    20  dollars shall be available for telemedicine demonstration programs;
    21    (iv) nine million five hundred thousand dollars for the period January
    22  first,  two  thousand  seven through December thirty-first, two thousand
    23  seven, of which seven million five hundred  thousand  dollars  shall  be
    24  available  for disease management demonstration programs and one million
    25  dollars shall be available for telemedicine demonstration programs;
    26    (v) nine million five hundred thousand dollars for the period  January
    27  first,  two  thousand  eight through December thirty-first, two thousand
    28  eight, of which seven million five hundred  thousand  dollars  shall  be
    29  available  for disease management demonstration programs and two million
    30  dollars shall be available for telemedicine demonstration programs;
    31    (vi) seven million eight hundred thirty-three thousand  three  hundred
    32  thirty-three  dollars  for  the  period January first, two thousand nine
    33  through December thirty-first, two thousand nine, of which seven million
    34  five hundred thousand dollars shall be available for disease  management
    35  demonstration  programs  and  three  hundred thirty-three thousand three
    36  hundred thirty-three dollars shall be available for telemedicine  demon-
    37  stration  programs  for  the  period  January  first,  two thousand nine
    38  through March first, two thousand nine;
    39    (vii) one million eight hundred seventy-five thousand dollars for  the
    40  period  January  first, two thousand ten through March thirty-first, two
    41  thousand ten shall be available  for  disease  management  demonstration
    42  programs.
    43    (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
    44  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    45  directed  to  receive for the deposit to the credit of the state special
    46  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    47  or  any  successor  fund  or  account, for purposes of funding the state
    48  share of the  general  hospital  rates  increases  for  recruitment  and
    49  retention  of  health care workers pursuant to paragraph (e) of subdivi-
    50  sion thirty of section twenty-eight hundred seven-c of this article from
    51  the tobacco control and insurance initiatives pool established  for  the
    52  following periods in the following amounts:
    53    (i) sixty million five hundred thousand dollars for the period January
    54  first,  two  thousand  five  through December thirty-first, two thousand
    55  five; and

        A. 3007--B                         82
 
     1    (ii) sixty million five hundred thousand dollars for the period  Janu-
     2  ary  first, two thousand six through December thirty-first, two thousand
     3  six.
     4    (xx)  Funds  shall  be  deposited  by the commissioner, within amounts
     5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive for the deposit to the credit of the state special
     7  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     8  or  any  successor  fund  or  account, for purposes of funding the state
     9  share of the general hospital rates increases for rural hospitals pursu-
    10  ant to subdivision thirty-two of section twenty-eight hundred seven-c of
    11  this article from the tobacco control  and  insurance  initiatives  pool
    12  established for the following periods in the following amounts:
    13    (i) three million five hundred thousand dollars for the period January
    14  first,  two  thousand  five  through December thirty-first, two thousand
    15  five;
    16    (ii) three million five hundred thousand dollars for the period  Janu-
    17  ary  first, two thousand six through December thirty-first, two thousand
    18  six;
    19    (iii) three million five hundred thousand dollars for the period Janu-
    20  ary first, two thousand seven through December thirty-first,  two  thou-
    21  sand seven;
    22    (iv)  three million five hundred thousand dollars for the period Janu-
    23  ary first, two thousand eight through December thirty-first,  two  thou-
    24  sand eight; and
    25    (v)  three  million  two hundred eight thousand dollars for the period
    26  January first, two thousand nine through November thirtieth,  two  thou-
    27  sand nine.
    28    (yy)  Funds  shall  be  reserved and accumulated from year to year and
    29  shall be available,  within  amounts  appropriated  and  notwithstanding
    30  section  one  hundred  twelve  of  the  state  finance law and any other
    31  contrary provision of law, for the purpose of supporting grants  not  to
    32  exceed  five  million  dollars  to be made by the commissioner without a
    33  competitive bid or request for  proposal  process,  in  support  of  the
    34  delivery  of  critically  needed  health  care  services, to health care
    35  providers located in the counties of Erie and Niagara which  executed  a
    36  memorandum of closing and conducted a merger closing in escrow on Novem-
    37  ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
    38  a settlement dated December thirtieth, two thousand four for a  loss  on
    39  disposal  of  assets  under the provisions of title XVIII of the federal
    40  social security act applicable to mergers occurring  prior  to  December
    41  first, nineteen hundred ninety-seven.
    42    (zz)  Funds  shall  be  reserved and accumulated from year to year and
    43  shall be available, within amounts  appropriated,  for  the  purpose  of
    44  supporting  expenditures  authorized  pursuant  to  section twenty-eight
    45  hundred eighteen of this article from the tobacco control and  insurance
    46  initiatives  pool established for the following periods in the following
    47  amounts:
    48    (i) six million five hundred thousand dollars for the  period  January
    49  first,  two  thousand  five  through December thirty-first, two thousand
    50  five;
    51    (ii) one hundred eight million three hundred thousand dollars for  the
    52  period  January  first,  two thousand six through December thirty-first,
    53  two thousand six, provided, however, that within amounts appropriated in
    54  the two thousand six through two thousand seven  state  fiscal  year,  a
    55  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    56  Institute Corporation to fund capital costs;

        A. 3007--B                         83
 
     1    (iii) one hundred seventy-one million dollars for the  period  January
     2  first,  two  thousand  seven through December thirty-first, two thousand
     3  seven, provided, however, that within amounts appropriated  in  the  two
     4  thousand  six through two thousand seven state fiscal year, a portion of
     5  such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
     6  Corporation to fund capital costs;
     7    (iv) one hundred seventy-one million five hundred thousand dollars for
     8  the period January first, two thousand eight  through  December  thirty-
     9  first, two thousand eight;
    10    (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
    11  dollars for the period January first, two thousand nine through December
    12  thirty-first, two thousand nine;
    13    (vi) one hundred thirty-one million three hundred  seventy-five  thou-
    14  sand  dollars  for  the  period  January first, two thousand ten through
    15  December thirty-first, two thousand ten;
    16    (vii) thirty-four million two hundred fifty thousand dollars  for  the
    17  period  January  first,  two thousand eleven through March thirty-first,
    18  two thousand eleven;
    19    (viii) four hundred thirty-three million three hundred sixty-six thou-
    20  sand dollars for the period April first,  two  thousand  eleven  through
    21  March thirty-first, two thousand twelve;
    22    (ix)  one hundred fifty million eight hundred six thousand dollars for
    23  the period April first, two thousand twelve through March  thirty-first,
    24  two thousand thirteen;
    25    (x)  seventy-eight million seventy-one thousand dollars for the period
    26  April first, two thousand thirteen through March thirty-first, two thou-
    27  sand fourteen.
    28    (aaa) Funds shall be reserved and accumulated from year  to  year  and
    29  shall  be  available, including income from invested funds, for services
    30  and expenses related to school based health centers, in an amount up  to
    31  three  million five hundred thousand dollars for the period April first,
    32  two thousand six through March thirty-first, two thousand seven,  up  to
    33  three  million five hundred thousand dollars for the period April first,
    34  two thousand seven through March thirty-first, two thousand eight, up to
    35  three million five hundred thousand dollars for the period April  first,
    36  two  thousand eight through March thirty-first, two thousand nine, up to
    37  three million five hundred thousand dollars for the period April  first,
    38  two  thousand  nine  through March thirty-first, two thousand ten, up to
    39  three million five hundred thousand dollars for the period April  first,
    40  two  thousand ten through March thirty-first, two thousand eleven, up to
    41  two million eight hundred thousand dollars each state  fiscal  year  for
    42  the  period April first, two thousand eleven through March thirty-first,
    43  two thousand fourteen, up to two million six hundred forty-four thousand
    44  dollars each state fiscal year for the period April first, two  thousand
    45  fourteen  through  March thirty-first, two thousand seventeen, up to two
    46  million six hundred forty-four thousand dollars each state  fiscal  year
    47  for  the  period April first, two thousand seventeen through March thir-
    48  ty-first, two thousand twenty, [and]  up  to  two  million  six  hundred
    49  forty-four  thousand dollars each state fiscal year for the period April
    50  first, two thousand twenty  through  March  thirty-first,  two  thousand
    51  twenty-three,  and  up  to  two  million six hundred forty-four thousand
    52  dollars each state fiscal year for the period April first, two  thousand
    53  twenty-three  through  March thirty-first, two thousand twenty-six.  The
    54  total amount of funds provided herein shall  be  distributed  as  grants
    55  based  on the ratio of each provider's total enrollment for all sites to

        A. 3007--B                         84
 
     1  the total enrollment of all providers. This formula shall be applied  to
     2  the total amount provided herein.
     3    (bbb)  Funds  shall  be reserved and accumulated from year to year and
     4  shall be available, including income from invested funds,  for  purposes
     5  of  awarding  grants  to  operators  of  adult  homes,  enriched housing
     6  programs and residences through the enhancing abilities and life experi-
     7  ence (EnAbLe) program to provide for  the  installation,  operation  and
     8  maintenance  of air conditioning in resident rooms, consistent with this
     9  paragraph, in an amount up to two million dollars for the  period  April
    10  first,  two thousand six through March thirty-first, two thousand seven,
    11  up to three million eight hundred thousand dollars for the period  April
    12  first,  two  thousand  seven  through  March  thirty-first, two thousand
    13  eight, up to three million eight hundred thousand dollars for the period
    14  April first, two thousand eight through March thirty-first, two thousand
    15  nine, up to three million eight hundred thousand dollars for the  period
    16  April  first, two thousand nine through March thirty-first, two thousand
    17  ten, and up to three million eight  hundred  thousand  dollars  for  the
    18  period  April  first,  two  thousand ten through March thirty-first, two
    19  thousand eleven. Residents shall not be charged utility cost for the use
    20  of air conditioners supplied under the  EnAbLe  program.  All  such  air
    21  conditioners must be operated in occupied resident rooms consistent with
    22  requirements applicable to common areas.
    23    (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
    24  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    25  directed  to  receive for the deposit to the credit of the state special
    26  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    27  or  any  successor  fund  or  account, for purposes of funding the state
    28  share of increases in the rates for certified home health agencies, long
    29  term home  health  care  programs,  AIDS  home  care  programs,  hospice
    30  programs and managed long term care plans and approved managed long term
    31  care  operating  demonstrations as defined in section forty-four hundred
    32  three-f of this chapter for recruitment and  retention  of  health  care
    33  workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
    34  hundred fourteen of this chapter from the tobacco control and  insurance
    35  initiatives  pool established for the following periods in the following
    36  amounts:
    37    (i) twenty-five million dollars for the period June first,  two  thou-
    38  sand six through December thirty-first, two thousand six;
    39    (ii)  fifty million dollars for the period January first, two thousand
    40  seven through December thirty-first, two thousand seven;
    41    (iii) fifty million dollars for the period January first, two thousand
    42  eight through December thirty-first, two thousand eight;
    43    (iv) fifty million dollars for the period January first, two  thousand
    44  nine through December thirty-first, two thousand nine;
    45    (v)  fifty  million dollars for the period January first, two thousand
    46  ten through December thirty-first, two thousand ten;
    47    (vi) twelve million five hundred thousand dollars for the period Janu-
    48  ary first, two thousand eleven through March thirty-first, two  thousand
    49  eleven;
    50    (vii) up to fifty million dollars each state fiscal year for the peri-
    51  od  April  first,  two  thousand  eleven through March thirty-first, two
    52  thousand fourteen;
    53    (viii) up to fifty million dollars each  state  fiscal  year  for  the
    54  period  April  first,  two thousand fourteen through March thirty-first,
    55  two thousand seventeen;

        A. 3007--B                         85
 
     1    (ix) up to fifty million dollars each state fiscal year for the period
     2  April first, two thousand  seventeen  through  March  thirty-first,  two
     3  thousand twenty; [and]
     4    (x)  up to fifty million dollars each state fiscal year for the period
     5  April first, two thousand twenty through March thirty-first,  two  thou-
     6  sand twenty-three; and
     7    (xi) up to fifty million dollars each state fiscal year for the period
     8  April  first,  two thousand twenty-three through March thirty-first, two
     9  thousand twenty-six.
    10    (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
    11  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    12  directed to receive for the deposit to the credit of the  state  special
    13  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    14  or any successor fund or account, for  purposes  of  funding  the  state
    15  share  of  increases  in  the medical assistance rates for providers for
    16  purposes of enhancing the provision, quality and/or efficiency  of  home
    17  care  services  pursuant  to  subdivision  eleven  of section thirty-six
    18  hundred fourteen of this chapter from the tobacco control and  insurance
    19  initiatives  pool  established for the following period in the amount of
    20  eight million dollars for the  period  April  first,  two  thousand  six
    21  through December thirty-first, two thousand six.
    22    (eee)  Funds  shall  be reserved and accumulated from year to year and
    23  shall be available, including income from invested funds, to the  Center
    24  for  Functional  Genomics at the State University of New York at Albany,
    25  for the purposes of the Adirondack  network  for  cancer  education  and
    26  research  in rural communities grant program to improve access to health
    27  care and shall be made available from the tobacco control and  insurance
    28  initiatives  pool  established for the following period in the amount of
    29  up to five million dollars for the period January  first,  two  thousand
    30  six through December thirty-first, two thousand six.
    31    (fff)  Funds  shall  be  made  available to the empire state stem cell
    32  trust fund established by section ninety-nine-p of the state finance law
    33  within amounts appropriated up to fifty  million  dollars  annually  and
    34  shall not exceed five hundred million dollars in total.
    35    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
    36  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    37  directed  to  receive  for  deposit  to  the credit of the state special
    38  revenue fund - other, HCRA transfer fund, medical assistance account, or
    39  any successor fund or account, for the purpose of supporting  the  state
    40  share  of  Medicaid  expenditures  for  hospital translation services as
    41  authorized pursuant to paragraph (k) of subdivision one of section twen-
    42  ty-eight hundred seven-c of this article from the  tobacco  control  and
    43  initiatives  pool established for the following periods in the following
    44  amounts:
    45    (i) sixteen million dollars for the period July  first,  two  thousand
    46  eight through December thirty-first, two thousand eight; and
    47    (ii)  fourteen  million  seven hundred thousand dollars for the period
    48  January first, two thousand nine through November thirtieth,  two  thou-
    49  sand nine.
    50    (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
    51  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    52  directed  to  receive  for  deposit  to  the credit of the state special
    53  revenue fund - other, HCRA transfer fund, medical assistance account, or
    54  any successor fund or account, for the purpose of supporting  the  state
    55  share  of  Medicaid  expenditures  for adjustments to inpatient rates of
    56  payment for general hospitals located in  the  counties  of  Nassau  and

        A. 3007--B                         86
 
     1  Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
     2  section twenty-eight hundred seven-c of this article  from  the  tobacco
     3  control  and  initiatives  pool established for the following periods in
     4  the following amounts:
     5    (i)  two  million  five  hundred thousand dollars for the period April
     6  first, two thousand eight through December  thirty-first,  two  thousand
     7  eight; and
     8    (ii) two million two hundred ninety-two thousand dollars for the peri-
     9  od  January  first,  two  thousand  nine through November thirtieth, two
    10  thousand nine.
    11    (iii) Funds shall be reserved and set aside and accumulated from  year
    12  to  year  and  shall be made available, including income from investment
    13  funds, for the purpose of supporting the New York state  medical  indem-
    14  nity  fund as authorized pursuant to title four of article twenty-nine-D
    15  of this chapter, for the following periods and in the following amounts,
    16  provided, however, that the commissioner is authorized  to  seek  waiver
    17  authority  from  the  federal  centers for medicare and Medicaid for the
    18  purpose of securing Medicaid federal financial  participation  for  such
    19  program, in which case the funding authorized pursuant to this paragraph
    20  shall be utilized as the non-federal share for such payments:
    21    Thirty million dollars for the period April first, two thousand eleven
    22  through March thirty-first, two thousand twelve.
    23    2.  (a)  For  periods  prior  to January first, two thousand five, the
    24  commissioner is authorized to  contract  with  the  article  forty-three
    25  insurance law plans, or such other contractors as the commissioner shall
    26  designate,  to receive and distribute funds from the tobacco control and
    27  insurance initiatives pool established pursuant to this section. In  the
    28  event  contracts  with  the  article  forty-three insurance law plans or
    29  other commissioner's designees are effectuated, the  commissioner  shall
    30  conduct annual audits of the receipt and distribution of such funds. The
    31  reasonable  costs  and  expenses  of an administrator as approved by the
    32  commissioner, not to exceed for personnel services on  an  annual  basis
    33  five  hundred thousand dollars, for collection and distribution of funds
    34  pursuant to this section shall be paid from such funds.
    35    (b) Notwithstanding any inconsistent provision of section one  hundred
    36  twelve  or one hundred sixty-three of the state finance law or any other
    37  law, at the discretion of the commissioner without a competitive bid  or
    38  request  for proposal process, contracts in effect for administration of
    39  pools established pursuant to  sections  twenty-eight  hundred  seven-k,
    40  twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
    41  article for the  period  January  first,  nineteen  hundred  ninety-nine
    42  through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
    43  extended to provide for administration pursuant to this section and  may
    44  be amended as may be necessary.
    45    §  13.  Paragraph (a) of subdivision 12 of section 367-b of the social
    46  services law, as amended by section 15 of part Y of chapter  56  of  the
    47  laws of 2020, is amended to read as follows:
    48    (a) For the purpose of regulating cash flow for general hospitals, the
    49  department  shall develop and implement a payment methodology to provide
    50  for timely payments for inpatient hospital services  eligible  for  case
    51  based  payments per discharge based on diagnosis-related groups provided
    52  during the period January first, nineteen hundred  eighty-eight  through
    53  March  thirty-first  two  thousand  [twenty-three]  twenty-six,  by such
    54  hospitals which elect to participate in the system.
    55    § 14. Paragraph (r) of subdivision 9 of section  3614  of  the  public
    56  health  law,  as added by section 16 of part Y of chapter 56 of the laws

        A. 3007--B                         87
 
     1  of 2020, is amended and three new paragraphs (s), (t) and (u) are  added
     2  to read as follows:
     3    (r)  for the period April first, two thousand twenty-two through March
     4  thirty-first, two thousand  twenty-three,  up  to  one  hundred  million
     5  dollars[.];
     6    (s)  for  the  period  April  first, two thousand twenty-three through
     7  March thirty-first, two thousand twenty-four, up to one hundred  million
     8  dollars;
     9    (t) for the period April first, two thousand twenty-four through March
    10  thirty-first,  two  thousand  twenty-five,  up  to  one  hundred million
    11  dollars;
    12    (u) for the period April first, two thousand twenty-five through March
    13  thirty-first,  two  thousand  twenty-six,  up  to  one  hundred  million
    14  dollars.
    15    §  15.  Paragraph  (v) of subdivision 1 of section 367-q of the social
    16  services law, as added by section 17 of part Y of chapter 56 of the laws
    17  of 2020, is amended and three new paragraphs (w), (x) and (y) are  added
    18  to read as follows:
    19    (v)  for the period April first, two thousand twenty-two through March
    20  thirty-first, two thousand twenty-three, up to twenty-eight million five
    21  hundred thousand dollars[.];
    22    (w) for the period April  first,  two  thousand  twenty-three  through
    23  March thirty-first, two thousand twenty-four, up to twenty-eight million
    24  five hundred thousand dollars;
    25    (x) for the period April first, two thousand twenty-four through March
    26  thirty-first,  two thousand twenty-five, up to twenty-eight million five
    27  hundred thousand dollars;
    28    (y) for the period April first, two thousand twenty-five through March
    29  thirty-first, two thousand twenty-six, up to twenty-eight  million  five
    30  hundred thousand dollars.
    31    §  16. This act shall take effect April 1, 2023; provided, however, if
    32  this act shall become a law after such date it shall take  effect  imme-
    33  diately and shall be deemed to have been in full force and effect on and
    34  after April 1, 2023; and further provided, that:
    35    (a)  the amendments to sections 2807-j and 2807-s of the public health
    36  law made by sections two, eight, nine, and ten of  this  act  shall  not
    37  affect the expiration of such sections and shall expire therewith;
    38    (b)  the  amendments  to subdivision 6 of section 2807-t of the public
    39  health law made by section eleven of this act shall not affect the expi-
    40  ration of such section and shall be deemed to expire therewith; and
    41    (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
    42  2807-v of the public health law made by section twelve of this act shall
    43  not  affect  the  repeal  of such paragraph and shall be deemed repealed
    44  therewith.
 
    45                                   PART D
 
    46                            Intentionally Omitted
 
    47                                   PART E
 
    48    Section 1.  Subdivision 5-d of section 2807-k  of  the  public  health
    49  law,  as  amended  by  section 3 of part KK of chapter 56 of the laws of
    50  2020, is amended to read as follows:

        A. 3007--B                         88
 
     1    5-d. (a) Notwithstanding any inconsistent provision of  this  section,
     2  section  twenty-eight  hundred  seven-w  of  this  article  or any other
     3  contrary provision of law, and subject to the  availability  of  federal
     4  financial  participation,  for  periods  on and after January first, two
     5  thousand twenty, through March thirty-first, two thousand [twenty-three]
     6  twenty-six,  all  funds  available  for  distribution  pursuant  to this
     7  section, except for funds distributed pursuant to [subparagraph (v)  of]
     8  paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
     9  available for distribution  pursuant  to  section  twenty-eight  hundred
    10  seven-w of this article, shall be reserved and set aside and distributed
    11  in accordance with the provisions of this subdivision.
    12    (b)  The commissioner shall promulgate regulations, and may promulgate
    13  emergency regulations, establishing methodologies for  the  distribution
    14  of  funds  as  described  in  paragraph (a) of this subdivision and such
    15  regulations shall include, but not be limited to, the following:
    16    (i) Such regulations shall  establish  methodologies  for  determining
    17  each  facility's  relative uncompensated care need amount based on unin-
    18  sured inpatient and outpatient units of service from the cost  reporting
    19  year  two years prior to the distribution year, multiplied by the appli-
    20  cable medicaid rates in effect January first of the  distribution  year,
    21  as summed and adjusted by a statewide cost adjustment factor and reduced
    22  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
    23  patients, and as further adjusted  by  application  of  a  nominal  need
    24  computation  that shall take into account each facility's medicaid inpa-
    25  tient share.
    26    (ii) Annual distributions pursuant to such  regulations  for  the  two
    27  thousand  twenty  through two thousand [twenty-two] twenty-five calendar
    28  years shall be in accord with the following:
    29    (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
    30  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
    31  payments to major public general hospitals; and
    32    (B)  nine  hundred sixty-nine million nine hundred thousand dollars as
    33  Medicaid DSH payments to eligible general hospitals,  other  than  major
    34  public general hospitals.
    35    For  the calendar years two thousand twenty through two thousand twen-
    36  ty-two, the total distributions to  eligible  general  hospitals,  other
    37  than  major  public  general hospitals, shall be subject to an aggregate
    38  reduction of one hundred fifty million dollars annually,  provided  that
    39  eligible  general  hospitals, other than major public general hospitals,
    40  that qualify as enhanced safety net hospitals under section two thousand
    41  eight hundred seven-c of this article  shall  not  be  subject  to  such
    42  reduction.
    43    For  the calendar years two thousand twenty-three through two thousand
    44  twenty-five, the total  distributions  to  eligible  general  hospitals,
    45  other than major public general hospitals, shall be subject to an aggre-
    46  gate  reduction  of one hundred fifty million dollars annually, provided
    47  that eligible general hospitals, other than major public general  hospi-
    48  tals  that  qualify  as  enhanced safety net hospitals under section two
    49  thousand eight hundred seven-c of this article as of  April  first,  two
    50  thousand twenty, shall not be subject to such reduction.
    51    Such  reduction shall be determined by a methodology to be established
    52  by the commissioner. Such methodology may take into  account  the  payor
    53  mix  of  each  non-public  general hospital, including the percentage of
    54  inpatient days paid by Medicaid.
    55    (iii) For calendar years two  thousand  twenty  through  two  thousand
    56  [twenty-two]   twenty-five,  sixty-four  million  six  hundred  thousand

        A. 3007--B                         89
 
     1  dollars shall be distributed to eligible general hospitals,  other  than
     2  major  public general hospitals, that experience a reduction in indigent
     3  care pool payments pursuant to this subdivision,  and  that  qualify  as
     4  enhanced  safety  net hospitals under section two thousand eight hundred
     5  seven-c of this article as of April first,  two  thousand  twenty.  Such
     6  distribution shall be established pursuant to regulations promulgated by
     7  the  commissioner and shall be proportional to the reduction experienced
     8  by the facility.
     9    (iv) Such regulations shall reserve one percent of the funds available
    10  for distribution in the two thousand fourteen and two  thousand  fifteen
    11  calendar  years,  and  for  calendar  years thereafter, pursuant to this
    12  subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
    13  seven-c of this article, and sections two hundred eleven and two hundred
    14  twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
    15  hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
    16  shall establish methodologies for the distribution of such pool funds to
    17  facilities  based  on  their  level  of compliance, as determined by the
    18  commissioner, with the provisions of subdivision nine-a of this section.
    19    (c) The commissioner shall annually report to  the  governor  and  the
    20  legislature  on the distribution of funds under this subdivision includ-
    21  ing, but not limited to:
    22    (i) the impact on safety net providers, including community providers,
    23  rural general hospitals and major public general hospitals;
    24    (ii) the provision of indigent care by units  of  services  and  funds
    25  distributed by general hospitals; and
    26    (iii) the extent to which access to care has been enhanced.
    27    § 2. Intentionally omitted.
    28    § 3. Intentionally omitted.
    29    §  4.  The opening paragraph of subdivision (g) of section 2826 of the
    30  public health law, as amended by section 3 of part M of  chapter  57  of
    31  the laws of 2022, is amended to read as follows:
    32    Notwithstanding  subdivision  (a)  of this section, and within amounts
    33  appropriated for such purposes as described herein, [for the  period  of
    34  April  first,  two  thousand  twenty-two through March thirty-first, two
    35  thousand twenty-three,] the commissioner may award a  temporary  adjust-
    36  ment  to the non-capital components of rates, or make temporary lump-sum
    37  Medicaid payments to eligible facilities in severe financial distress to
    38  enable such facilities to maintain operations and vital  services  while
    39  such  facilities  establish  long  term solutions to achieve sustainable
    40  health services. Provided, however, the commissioner  is  authorized  to
    41  make such a temporary adjustment or make such temporary lump sum payment
    42  only  pursuant  to criteria, an application, and an evaluation process[,
    43  and transformation plan] acceptable to the commissioner in  consultation
    44  with  the  director  of the division of the budget. The department shall
    45  publish on its website the criteria, application, and evaluation process
    46  [and guidance for transformation plans] and notification  of  any  award
    47  recipients.
    48    §  5.  Subparagraph (F) of paragraph (i) of subdivision (g) of section
    49  2826 of the public health law, as amended by section  3  of  part  M  of
    50  chapter 57 of the laws of 2022, is amended to read as follows:
    51    (F)  an independent practice association or accountable care organiza-
    52  tion authorized under applicable regulations that participate in managed
    53  care provider network arrangements with any of  the  provider  types  in
    54  subparagraphs  (A)  through (F) of this paragraph; or an entity that was
    55  formed as a preferred provider system pursuant to  the  delivery  system
    56  reform  incentive payment (DSRIP) program and collaborated with an inde-

        A. 3007--B                         90

     1  pendent practice association that received VBP innovator status from the
     2  department for purposes of meeting  DSRIP  goals,  and  which  preferred
     3  provider system remains operational as an integrated care system.
     4    §  6.  The  opening  paragraph of paragraph (ii) of subdivision (g) of
     5  section 2826 of the public health law, as added by section 6 of  part  J
     6  of chapter 60 of the laws of 2015, is amended to read as follows:
     7    Eligible  applicants  must  demonstrate  that without such award, they
     8  will be in severe financial distress [through  March  thirty-first,  two
     9  thousand sixteen], as evidenced by:
    10    §  7.  Subparagraph (A), the opening paragraph of subparagraph (E) and
    11  subparagraph (F) of paragraph (iii) of subdivision (g) of  section  2826
    12  of  the public health law, as added by section 6 of part J of chapter 60
    13  of the laws of 2015, are amended to read as follows:
    14    (A) [Applications under this subdivision]  Eligible  applicants  shall
    15  [include  a  multi-year  transformation  plan  that  is aligned with the
    16  delivery system reform incentive payment  ("DSRIP")  program  goals  and
    17  objectives.  Such plan shall be approved by] submit a completed applica-
    18  tion to the department [and shall demonstrate a path towards  long  term
    19  sustainability and improved patient care].
    20    The  department  shall review all applications under this subdivision,
    21  and [a] determine:
    22    (F) After review of all applications under  this  subdivision,  and  a
    23  determination of the aggregate amount of requested funds, the department
    24  [shall]  may make awards to eligible applicants; provided, however, that
    25  such awards may be in an amount lower than such requested funding, on  a
    26  per applicant or aggregate basis.
    27    §  8.  Paragraph  (v) of subdivision (g) of section 2826 of the public
    28  health law, as added by section 6 of part J of chapter 60 of the laws of
    29  2015, is amended to read as follows:
    30    (v) Payments made to awardees pursuant to this subdivision [shall  be]
    31  that  are  made on a monthly basis[. Such payments] will be based on the
    32  applicant's actual monthly financial performance during such period  and
    33  the  reasonable  cash  amount  necessary  to  sustain operations for the
    34  following month. The applicant's monthly financial performance shall  be
    35  measured  by  such  applicant's  monthly financial and activity reports,
    36  which shall include, but not be limited to, actual revenue and  expenses
    37  for  the  prior  month,  projected  cash need for the current month, and
    38  projected cash need for the following month.
    39    § 9. Part I of chapter 57 of the laws of 2022 relating to providing  a
    40  one percent across the board payment increase to all qualifying fee-for-
    41  service  Medicaid  rates, is amended by adding a new section 1-a to read
    42  as follows:
    43    § 1-a. Notwithstanding any provision of law to the contrary,  for  the
    44  state  fiscal  years  beginning  April 1, 2023, and thereafter, Medicaid
    45  payments made for the operating component of hospital inpatient services
    46  shall be subject to a uniform rate increase of ten percent  in  addition
    47  to  the  increase  contained  in section one of this act, subject to the
    48  approval of the commissioner of health and the director of  the  budget.
    49  Such rate increase shall be subject to federal financial participation.
    50    §  10. This act shall take effect immediately; provided, however, that
    51  sections four, five, six, seven, eight, and nine of this  act  shall  be
    52  deemed to have been in full force and effect on and after April 1, 2023;
    53  and provided, further, that the amendments to subdivision 5-d of section
    54  2807-k  of  the  public health law made by section one of this act shall
    55  not affect the expiration and reversion of such subdivision and shall be
    56  deemed repealed therewith.

        A. 3007--B                         91
 
     1                                   PART F
 
     2    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
     3  of the laws of 1986, amending the civil practice law and rules and other
     4  laws  relating  to  malpractice  and  professional  medical  conduct, as
     5  amended by section 1 of part Z of chapter 57 of the  laws  of  2022,  is
     6  amended to read as follows:
     7    (a)  The  superintendent of financial services and the commissioner of
     8  health or their designee shall, from funds  available  in  the  hospital
     9  excess liability pool created pursuant to subdivision 5 of this section,
    10  purchase  a policy or policies for excess insurance coverage, as author-
    11  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
    12  law; or from an insurer, other than an insurer described in section 5502
    13  of the insurance law, duly authorized to write such coverage and actual-
    14  ly  writing  medical  malpractice  insurance  in  this  state;  or shall
    15  purchase equivalent excess coverage in a form previously approved by the
    16  superintendent of financial services for purposes  of  providing  equiv-
    17  alent  excess  coverage  in accordance with section 19 of chapter 294 of
    18  the laws of 1985, for medical or dental malpractice occurrences  between
    19  July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
    20  between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
    21  30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
    22  and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
    23  1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
    24  between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
    25  30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
    26  and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
    27  1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
    28  between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
    29  30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
    30  and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
    31  1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
    32  between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
    33  30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
    34  and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
    35  1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
    36  between July 1, 2016 and June 30, 2017, between July 1,  2017  and  June
    37  30,  2018,  between July 1, 2018 and June 30, 2019, between July 1, 2019
    38  and June 30, 2020, between July 1, 2020 and June 30, 2021, between  July
    39  1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
    40  and  between  July  1,  2023 and June 30, 2024 or reimburse the hospital
    41  where the hospital purchases equivalent excess coverage  as  defined  in
    42  subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
    43  medical  or dental malpractice occurrences between July 1, 1987 and June
    44  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
    45  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
    46  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
    47  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
    48  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
    49  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
    50  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
    51  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
    52  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    53  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    54  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    55  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June

        A. 3007--B                         92
 
     1  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
     2  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
     3  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
     4  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
     5  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
     6  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
     7  1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
     8  between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
     9  June 30, 2023, and between July 1, 2023 and June 30, 2024 for physicians
    10  or dentists certified as eligible for each such period or periods pursu-
    11  ant to subdivision 2 of this section  by  a  general  hospital  licensed
    12  pursuant to article 28 of the public health law; provided that no single
    13  insurer  shall write more than fifty percent of the total excess premium
    14  for a given policy year;  and  provided,  however,  that  such  eligible
    15  physicians  or dentists must have in force an individual policy, from an
    16  insurer licensed in this state of primary malpractice insurance coverage
    17  in amounts of no less than one million three  hundred  thousand  dollars
    18  for  each  claimant  and three million nine hundred thousand dollars for
    19  all claimants under that policy during the period of such excess  cover-
    20  age  for  such occurrences or be endorsed as additional insureds under a
    21  hospital professional liability policy which is offered through a volun-
    22  tary attending physician ("channeling") program previously permitted  by
    23  the  superintendent  of  financial  services  during  the period of such
    24  excess coverage for such occurrences. During such  period,  such  policy
    25  for  excess  coverage  or  such  equivalent  excess coverage shall, when
    26  combined with the physician's or dentist's primary malpractice insurance
    27  coverage or coverage provided through a  voluntary  attending  physician
    28  ("channeling")  program,  total  an aggregate level of two million three
    29  hundred thousand dollars for each claimant and six million nine  hundred
    30  thousand  dollars  for all claimants from all such policies with respect
    31  to occurrences in each of such years provided, however, if the  cost  of
    32  primary malpractice insurance coverage in excess of one million dollars,
    33  but  below  the  excess  medical malpractice insurance coverage provided
    34  pursuant to this act, exceeds the rate of nine percent per  annum,  then
    35  the  required  level of primary malpractice insurance coverage in excess
    36  of one million dollars for each claimant shall be in an  amount  of  not
    37  less  than  the dollar amount of such coverage available at nine percent
    38  per annum; the required level of such coverage for all  claimants  under
    39  that  policy  shall be in an amount not less than three times the dollar
    40  amount of coverage for each claimant; and excess coverage, when combined
    41  with such primary malpractice insurance  coverage,  shall  increase  the
    42  aggregate  level  for  each  claimant  by  one million dollars and three
    43  million dollars for all claimants;  and  provided  further,  that,  with
    44  respect to policies of primary medical malpractice coverage that include
    45  occurrences  between  April  1, 2002 and June 30, 2002, such requirement
    46  that coverage be in amounts no less than one million three hundred thou-
    47  sand dollars for each claimant and three million nine  hundred  thousand
    48  dollars  for all claimants for such occurrences shall be effective April
    49  1, 2002.
    50    § 2. Subdivision 3 of section 18 of chapter 266 of the laws  of  1986,
    51  amending  the  civil  practice  law and rules and other laws relating to
    52  malpractice and professional medical conduct, as amended by section 2 of
    53  part Z of chapter 57 of the laws of 2022, is amended to read as follows:
    54    (3)(a) The superintendent of financial services  shall  determine  and
    55  certify  to  each general hospital and to the commissioner of health the
    56  cost of excess malpractice insurance for medical or  dental  malpractice

        A. 3007--B                         93
 
     1  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
     2  and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
     3  1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
     4  between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
     5  30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
     6  and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
     7  1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,
     8  between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
     9  30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
    10  and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
    11  1, 2004 and June 30, 2005, between July  1,  2005  and  June  30,  2006,
    12  between  July  1,  2006 and June 30, 2007, between July 1, 2007 and June
    13  30, 2008, between July 1, 2008 and June 30, 2009, between July  1,  2009
    14  and  June 30, 2010, between July 1, 2010 and June 30, 2011, between July
    15  1, 2011 and June 30, 2012, between July  1,  2012  and  June  30,  2013,
    16  between  July  1,  2013 and June 30, 2014, between July 1, 2014 and June
    17  30, 2015, between July 1, 2015 and June 30, 2016, between July  1,  2016
    18  and  June 30, 2017, between July 1, 2017 and June 30, 2018, between July
    19  1, 2018 and June 30, 2019, between July  1,  2019  and  June  30,  2020,
    20  between  July  1,  2020 and June 30, 2021, between July 1, 2021 and June
    21  30, 2022, [and] between July 1, 2022 and June 30, 2023, and between July
    22  1, 2023 and June 30, 2024 allocable to each general hospital for  physi-
    23  cians  or  dentists  certified  as eligible for purchase of a policy for
    24  excess insurance coverage by such general hospital  in  accordance  with
    25  subdivision  2  of  this  section,  and may amend such determination and
    26  certification as necessary.
    27    (b) The superintendent  of  financial  services  shall  determine  and
    28  certify  to  each general hospital and to the commissioner of health the
    29  cost of excess malpractice insurance or equivalent excess  coverage  for
    30  medical  or dental malpractice occurrences between July 1, 1987 and June
    31  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
    32  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
    33  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
    34  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
    35  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
    36  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
    37  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
    38  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
    39  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    40  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    41  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    42  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    43  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    44  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    45  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    46  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    47  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    48  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
    49  1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
    50  between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
    51  June 30, 2023, and between July 1, 2023 and June 30, 2024  allocable  to
    52  each  general  hospital for physicians or dentists certified as eligible
    53  for purchase of a policy for excess  insurance  coverage  or  equivalent
    54  excess  coverage by such general hospital in accordance with subdivision
    55  2 of this section, and may amend such determination and certification as
    56  necessary. The superintendent of financial services shall determine  and

        A. 3007--B                         94
 
     1  certify  to  each general hospital and to the commissioner of health the
     2  ratable share of such cost allocable to  the  period  July  1,  1987  to
     3  December  31,  1987,  to the period January 1, 1988 to June 30, 1988, to
     4  the  period  July 1, 1988 to December 31, 1988, to the period January 1,
     5  1989 to June 30, 1989, to the period July 1, 1989 to December 31,  1989,
     6  to  the  period  January 1, 1990 to June 30, 1990, to the period July 1,
     7  1990 to December 31, 1990, to the period January 1,  1991  to  June  30,
     8  1991,  to  the  period  July 1, 1991 to December 31, 1991, to the period
     9  January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
    10  31, 1992, to the period January 1, 1993 to June 30, 1993, to the  period
    11  July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
    12  30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
    13  January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
    14  31,  1995, to the period January 1, 1996 to June 30, 1996, to the period
    15  July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
    16  30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
    17  January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
    18  31, 1998, to the period January 1, 1999 to June 30, 1999, to the  period
    19  July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
    20  30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
    21  January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
    22  2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
    23  2003  to  June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
    24  the period July 1, 2005 and June 30, 2006, to the period  July  1,  2006
    25  and  June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
    26  period July 1, 2008 and June 30, 2009, to the period July  1,  2009  and
    27  June  30,  2010,  to  the  period July 1, 2010 and June 30, 2011, to the
    28  period July 1, 2011 and June 30, 2012, to the period July  1,  2012  and
    29  June  30,  2013,  to  the  period July 1, 2013 and June 30, 2014, to the
    30  period July 1, 2014 and June 30, 2015, to the period July  1,  2015  and
    31  June  30,  2016,  to  the  period July 1, 2016 and June 30, 2017, to the
    32  period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
    33  30, 2019, to the period July 1, 2019 to June 30,  2020,  to  the  period
    34  July  1,  2020  to June 30, 2021, to the period July 1, 2021 to June 30,
    35  2022, [and] to the period July 1, 2022 to June  30,  2023,  and  to  the
    36  period July 1, 2023 to June 30, 2024.
    37    § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
    38  18  of  chapter 266 of the laws of 1986, amending the civil practice law
    39  and rules and  other  laws  relating  to  malpractice  and  professional
    40  medical  conduct, as amended by section 3 of part Z of chapter 57 of the
    41  laws of 2022, are amended to read as follows:
    42    (a) To the extent funds available to  the  hospital  excess  liability
    43  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    44  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    45  time  to  time  be amended, which amended this subdivision, are insuffi-
    46  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    47  excess  coverage  for coverage periods during the period July 1, 1992 to
    48  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    49  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    50  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    51  during the period July 1, 1997 to June 30, 1998, during the period  July
    52  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    53  2000, during the period July 1, 2000 to June 30, 2001, during the period
    54  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    55  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    56  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004

        A. 3007--B                         95
 
     1  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
     2  during  the period July 1, 2006 to June 30, 2007, during the period July
     3  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
     4  2009, during the period July 1, 2009 to June 30, 2010, during the period
     5  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
     6  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
     7  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
     8  June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
     9  the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
    10  to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
    11  during the period July 1, 2019 to June 30, 2020, during the period  July
    12  1,  2020  to  June  30, 2021, during the period July 1, 2021 to June 30,
    13  2022, [and] during the period July 1, 2022 to June 30, 2023, and  during
    14  the  period  July  1,  2023 to June 30, 2024 allocated or reallocated in
    15  accordance with paragraph (a) of subdivision  4-a  of  this  section  to
    16  rates  of payment applicable to state governmental agencies, each physi-
    17  cian or dentist for whom a  policy  for  excess  insurance  coverage  or
    18  equivalent excess coverage is purchased for such period shall be respon-
    19  sible for payment to the provider of excess insurance coverage or equiv-
    20  alent excess coverage of an allocable share of such insufficiency, based
    21  on  the  ratio  of the total cost of such coverage for such physician to
    22  the sum of the total cost of such coverage for all physicians applied to
    23  such insufficiency.
    24    (b) Each provider of excess insurance coverage  or  equivalent  excess
    25  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
    26  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    27  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
    28  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
    29  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    30  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
    31  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
    32  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
    33  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
    34  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
    35  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
    36  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
    37  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
    38  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
    39  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
    40  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
    41  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    42  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    43  June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
    44  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    45  od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
    46  June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
    47  covering the period July 1, 2020 to June 30, 2021, or covering the peri-
    48  od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
    49  June  30,  2023,  or  covering  the period July 1, 2023 to June 30, 2024
    50  shall notify a covered physician or  dentist  by  mail,  mailed  to  the
    51  address  shown  on the last application for excess insurance coverage or
    52  equivalent excess coverage, of the amount due to such provider from such
    53  physician or dentist for such coverage period determined  in  accordance
    54  with  paragraph  (a)  of this subdivision. Such amount shall be due from
    55  such physician or dentist to such provider of excess insurance  coverage

        A. 3007--B                         96
 
     1  or  equivalent  excess  coverage  in a time and manner determined by the
     2  superintendent of financial services.
     3    (c)  If  a physician or dentist liable for payment of a portion of the
     4  costs of excess insurance coverage or equivalent excess coverage  cover-
     5  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
     6  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
     7  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
     8  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
     9  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    10  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
    11  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    12  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
    13  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
    14  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
    15  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
    16  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
    17  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
    18  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    19  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
    20  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
    21  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    22  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
    23  2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
    24  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    25  2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
    26  2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
    27  the period July 1, 2020 to June 30, 2021, or covering the period July 1,
    28  2021 to June 30, 2022, or covering the period July 1, 2022 to  June  30,
    29  2023, or covering the period July 1, 2023 to June 30, 2024 determined in
    30  accordance  with  paragraph  (a)  of  this subdivision fails, refuses or
    31  neglects to make payment to the provider of excess insurance coverage or
    32  equivalent excess coverage in such time and manner as determined by  the
    33  superintendent  of  financial services pursuant to paragraph (b) of this
    34  subdivision, excess insurance coverage  or  equivalent  excess  coverage
    35  purchased  for such physician or dentist in accordance with this section
    36  for such coverage period shall be cancelled and shall be null  and  void
    37  as  of  the  first  day  on or after the commencement of a policy period
    38  where the liability for payment pursuant to  this  subdivision  has  not
    39  been met.
    40    (d)  Each  provider  of excess insurance coverage or equivalent excess
    41  coverage shall notify the superintendent of financial services  and  the
    42  commissioner  of  health or their designee of each physician and dentist
    43  eligible for purchase of a  policy  for  excess  insurance  coverage  or
    44  equivalent  excess coverage covering the period July 1, 1992 to June 30,
    45  1993, or covering the period July 1, 1993 to June 30, 1994, or  covering
    46  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    47  1995  to  June 30, 1996, or covering the period July 1, 1996 to June 30,
    48  1997, or covering the period July 1, 1997 to June 30, 1998, or  covering
    49  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    50  1999  to  June 30, 2000, or covering the period July 1, 2000 to June 30,
    51  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    52  ing the period April 1, 2002 to June 30, 2002, or  covering  the  period
    53  July  1,  2002  to June 30, 2003, or covering the period July 1, 2003 to
    54  June 30, 2004, or covering the period July 1, 2004 to June 30, 2005,  or
    55  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
    56  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to

        A. 3007--B                         97
 
     1  June  30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
     2  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
     3  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
     4  June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
     5  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
     6  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
     7  June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
     8  covering the period July 1, 2017 to June 30, 2018, or covering the peri-
     9  od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
    10  June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
    11  covering the period July 1, 2021 to June 30, 2022, or covering the peri-
    12  od July 1, 2022 to June [1] 30, 2023, or covering  the  period  July  1,
    13  2023  to  June 30, 2024 that has made payment to such provider of excess
    14  insurance coverage or equivalent  excess  coverage  in  accordance  with
    15  paragraph  (b) of this subdivision and of each physician and dentist who
    16  has failed, refused or neglected to make such payment.
    17    (e) A provider of  excess  insurance  coverage  or  equivalent  excess
    18  coverage  shall  refund to the hospital excess liability pool any amount
    19  allocable to the period July 1, 1992 to June 30, 1993, and to the period
    20  July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
    21  30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
    22  period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
    23  June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
    24  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    25  to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
    26  and to the period April 1, 2002 to June 30, 2002, and to the period July
    27  1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
    28  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    29  July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
    30  30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
    31  period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
    32  June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
    33  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
    34  to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
    35  to  the  period July 1, 2014 to June 30, 2015, and to the period July 1,
    36  2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017,  and
    37  to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
    38  2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
    39  and  to the period July 1, 2020 to June 30, 2021, and to the period July
    40  1, 2021 to June 30, 2022, and to the period July 1,  2022  to  June  30,
    41  2023,  and to the period July 1, 2023 to June 30, 2024 received from the
    42  hospital excess liability pool for purchase of excess insurance coverage
    43  or equivalent excess coverage covering the period July 1, 1992  to  June
    44  30,  1993,  and  covering  the period July 1, 1993 to June 30, 1994, and
    45  covering the period July 1, 1994 to June  30,  1995,  and  covering  the
    46  period  July  1,  1995 to June 30, 1996, and covering the period July 1,
    47  1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
    48  1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
    49  ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
    50  July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
    51  October 29, 2001, and covering the period April  1,  2002  to  June  30,
    52  2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
    53  ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
    54  July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
    55  June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
    56  and  covering the period July 1, 2007 to June 30, 2008, and covering the

        A. 3007--B                         98
 
     1  period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
     2  2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
     3  2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
     4  ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
     5  July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
     6  June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
     7  and covering the period July 1, 2016 to June 30, 2017, and covering  the
     8  period  July  1,  2017 to June 30, 2018, and covering the period July 1,
     9  2018 to June 30, 2019, and covering the period July 1, 2019 to June  30,
    10  2020,  and covering the period July 1, 2020 to June 30, 2021, and cover-
    11  ing the period July 1, 2021 to June 30, 2022, and  covering  the  period
    12  July  1, 2022 to June 30, 2023 for, and covering the period July 1, 2023
    13  to June 30, 2024 a physician or  dentist  where  such  excess  insurance
    14  coverage  or  equivalent excess coverage is cancelled in accordance with
    15  paragraph (c) of this subdivision.
    16    § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
    17  practice law and rules  and  other  laws  relating  to  malpractice  and
    18  professional medical conduct, as amended by section 4 of part Z of chap-
    19  ter 57 of the laws of 2022, is amended to read as follows:
    20    §  40.  The superintendent of financial services shall establish rates
    21  for policies providing coverage  for  physicians  and  surgeons  medical
    22  malpractice  for the periods commencing July 1, 1985 and ending June 30,
    23  [2023] 2024; provided, however, that notwithstanding any other provision
    24  of law, the superintendent shall not establish or approve  any  increase
    25  in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
    26  2010. The superintendent shall direct insurers to  establish  segregated
    27  accounts  for premiums, payments, reserves and investment income attrib-
    28  utable to such premium periods and shall require periodic reports by the
    29  insurers regarding claims and expenses attributable to such  periods  to
    30  monitor whether such accounts will be sufficient to meet incurred claims
    31  and  expenses. On or after July 1, 1989, the superintendent shall impose
    32  a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
    33  attributable  to the premium levels established pursuant to this section
    34  for such periods; provided, however, that such  annual  surcharge  shall
    35  not  exceed  eight  percent of the established rate until July 1, [2023]
    36  2024, at which time and thereafter such surcharge shall not exceed twen-
    37  ty-five percent of the approved adequate  rate,  and  that  such  annual
    38  surcharges shall continue for such period of time as shall be sufficient
    39  to  satisfy  such  deficiency.  The superintendent shall not impose such
    40  surcharge during the period commencing July 1, 2009 and ending June  30,
    41  2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
    42  section shall be retained by insurers to the extent  that  they  insured
    43  physicians  and surgeons during the July 1, 1985 through June 30, [2023]
    44  2024 policy periods; in the event  and  to  the  extent  physicians  and
    45  surgeons  were  insured by another insurer during such periods, all or a
    46  pro rata share of the surcharge, as the case may be, shall  be  remitted
    47  to  such  other  insurer  in accordance with rules and regulations to be
    48  promulgated by the superintendent.  Surcharges collected from physicians
    49  and surgeons who were not insured during such policy  periods  shall  be
    50  apportioned  among  all insurers in proportion to the premium written by
    51  each insurer during such policy periods; if a physician or  surgeon  was
    52  insured by an insurer subject to rates established by the superintendent
    53  during  such  policy  periods,  and  at  any time thereafter a hospital,
    54  health maintenance organization, employer or institution is  responsible
    55  for  responding in damages for liability arising out of such physician's
    56  or surgeon's practice of medicine, such responsible  entity  shall  also

        A. 3007--B                         99
 
     1  remit  to  such  prior  insurer the equivalent amount that would then be
     2  collected as a surcharge if the physician or surgeon  had  continued  to
     3  remain  insured  by  such  prior  insurer. In the event any insurer that
     4  provided  coverage  during  such  policy  periods is in liquidation, the
     5  property/casualty insurance security fund shall receive the  portion  of
     6  surcharges to which the insurer in liquidation would have been entitled.
     7  The surcharges authorized herein shall be deemed to be income earned for
     8  the  purposes of section 2303 of the insurance law.  The superintendent,
     9  in establishing adequate rates and in determining  any  projected  defi-
    10  ciency  pursuant  to  the requirements of this section and the insurance
    11  law, shall give substantial weight, determined  in  his  discretion  and
    12  judgment,  to  the  prospective  anticipated  effect  of any regulations
    13  promulgated and laws enacted and the  public  benefit  of    stabilizing
    14  malpractice rates and minimizing rate level fluctuation during the peri-
    15  od  of  time  necessary for the development of more reliable statistical
    16  experience as to the efficacy of such  laws  and  regulations  affecting
    17  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    18  1986,  by this act and at any other time.  Notwithstanding any provision
    19  of the insurance law, rates already established and to be established by
    20  the superintendent pursuant to this section are deemed adequate if  such
    21  rates  would be adequate when taken together with the maximum authorized
    22  annual surcharges to be imposed for a reasonable period of time  whether
    23  or  not  any  such  annual surcharge has been actually imposed as of the
    24  establishment of such rates.
    25    § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
    26  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
    27  1986, amending the civil practice law and rules and other laws  relating
    28  to malpractice and professional medical conduct, as amended by section 5
    29  of  part  Z  of  chapter  57 of the laws of 2022, are amended to read as
    30  follows:
    31    § 5. The superintendent of financial services and the commissioner  of
    32  health shall determine, no later than June 15, 2002, June 15, 2003, June
    33  15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
    34  June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
    35  2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
    36  15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  June  15,  2022,
    37  [and]  June 15, 2023, and June 15, 2024 the amount of funds available in
    38  the hospital excess liability pool, created pursuant to  section  18  of
    39  chapter  266  of the laws of 1986, and whether such funds are sufficient
    40  for purposes  of  purchasing  excess  insurance  coverage  for  eligible
    41  participating  physicians and dentists during the period July 1, 2001 to
    42  June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
    43  30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June  30,
    44  2006,  or  July  1,  2006  to June 30, 2007, or July 1, 2007 to June 30,
    45  2008, or July 1, 2008 to June 30, 2009, or July  1,  2009  to  June  30,
    46  2010,  or  July  1,  2010  to June 30, 2011, or July 1, 2011 to June 30,
    47  2012, or July 1, 2012 to June 30, 2013, or July  1,  2013  to  June  30,
    48  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
    49  2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
    50  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
    51  2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
    52  2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2024
    53  as applicable.
    54    (a)  This section shall be effective only upon a determination, pursu-
    55  ant to section five of this act,  by  the  superintendent  of  financial
    56  services  and  the  commissioner  of health, and a certification of such

        A. 3007--B                         100
 
     1  determination to the state director of the  budget,  the  chair  of  the
     2  senate  committee  on finance and the chair of the assembly committee on
     3  ways and means, that the amount of funds in the hospital excess  liabil-
     4  ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
     5  1986, is insufficient for purposes of purchasing excess insurance cover-
     6  age for eligible participating physicians and dentists during the period
     7  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
     8  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
     9  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    10  to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
    11  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
    12  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
    13  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
    14  2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
    15  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
    16  2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
    17  2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2024
    18  as applicable.
    19    (e)  The  commissioner  of  health  shall  transfer for deposit to the
    20  hospital excess liability pool created pursuant to section 18 of chapter
    21  266 of the laws of 1986 such amounts as directed by  the  superintendent
    22  of  financial  services  for  the purchase of excess liability insurance
    23  coverage for eligible participating  physicians  and  dentists  for  the
    24  policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
    25  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
    26  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    27  2007, as applicable, and the cost of administering the  hospital  excess
    28  liability pool for such applicable policy year,  pursuant to the program
    29  established  in  chapter  266  of the laws of 1986, as amended, no later
    30  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
    31  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    32  June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
    33  2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
    34  15, 2020, June 15, 2021, June 15, 2022, [and] June 15,  2023,  and  June
    35  15, 2024 as applicable.
    36    §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
    37  the New York Health Care Reform Act of 1996 and other laws  relating  to
    38  extending  certain provisions thereto, as amended by section 6 of part Z
    39  of chapter 57 of the laws of 2022, is amended to read as follows:
    40    § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
    41  only  physicians  or dentists who were eligible, and for whom the super-
    42  intendent of financial services and the commissioner of health, or their
    43  designee, purchased, with funds available in the hospital excess liabil-
    44  ity pool, a full or partial policy for  excess  coverage  or  equivalent
    45  excess  coverage  for  the coverage period ending the thirtieth of June,
    46  two thousand [twenty-two] twenty-three, shall be eligible to  apply  for
    47  such  coverage  for the coverage period beginning the first of July, two
    48  thousand [twenty-two] twenty-three;  provided,  however,  if  the  total
    49  number of physicians or dentists for whom such excess coverage or equiv-
    50  alent excess coverage was purchased for the policy year ending the thir-
    51  tieth  of June, two thousand [twenty-two] twenty-three exceeds the total
    52  number of physicians or dentists certified as eligible for the  coverage
    53  period  beginning  the  first of July, two thousand [twenty-two] twenty-
    54  three, then the general hospitals may certify additional eligible physi-
    55  cians or dentists in a number equal to such general  hospital's  propor-
    56  tional  share  of  the  total  number of physicians or dentists for whom

        A. 3007--B                         101
 
     1  excess coverage or equivalent excess coverage was purchased  with  funds
     2  available  in  the hospital excess liability pool as of the thirtieth of
     3  June, two thousand [twenty-two] twenty-three, as applied to the  differ-
     4  ence  between  the  number of eligible physicians or dentists for whom a
     5  policy for excess coverage or equivalent excess coverage  was  purchased
     6  for  the  coverage  period  ending  the  thirtieth of June, two thousand
     7  [twenty-two] twenty-three and the number of such eligible physicians  or
     8  dentists  who  have  applied  for  excess  coverage or equivalent excess
     9  coverage for the coverage period beginning the first of July, two  thou-
    10  sand [twenty-two] twenty-three.
    11    §  7.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after April 1, 2023.
 
    13                                   PART G
 
    14                            Intentionally Omitted
 
    15                                   PART H
 
    16    Section 1. Intentionally omitted.
    17    § 2. Short title. This act shall be known and  may  be  cited  as  the
    18  "1332 state innovation program".
    19    § 3. The social services law is amended by adding a new section 369-ii
    20  to read as follows:
    21    §  369-ii.  1332 state innovation program. 1. Authorization.  Notwith-
    22  standing section three hundred sixty-nine-gg of this title,  subject  to
    23  federal  approval, if it is in the financial interest of the state to do
    24  so, the commissioner of health is authorized, with the approval  of  the
    25  director  of  the  budget,  to establish a 1332 state innovation program
    26  under section 1332 of the patient protection and affordable care act, as
    27  amended, or successor provisions, as provided  under  federal  law,  and
    28  subdivision  twenty-five  of  section  two  hundred sixty-eight-c of the
    29  public health law. The commissioner of  health's  authority  under  this
    30  section  is  contingent  upon  obtaining  and  maintaining all necessary
    31  approvals from the secretary of health and human services and the secre-
    32  tary of the treasury based on an application  for  a  waiver  for  state
    33  innovation.  The commissioner of health shall take all actions necessary
    34  to obtain such approvals in a timely manner, prior to  the  next  fiscal
    35  year.    Copies of the original waiver applications and amendments shall
    36  be provided to the chair of the assembly ways and means  committee,  the
    37  chair  of  the  senate finance committee, and the chairs of the assembly
    38  and senate health committees simultaneously with their submission to the
    39  federal government.
    40    2. Definitions. For the purposes of this section:
    41    (a) "Eligible organization" means  an  insurer  licensed  pursuant  to
    42  article  thirty-two  or forty-two of the insurance law, a corporation or
    43  an organization under article forty-three of the insurance  law,  or  an
    44  organization  certified  under  article  forty-four of the public health
    45  law, including providers  certified  under  section  forty-four  hundred
    46  three-e of the public health law.
    47    (b) "Approved organization" means an eligible organization approved by
    48  the  commissioner of health to underwrite a 1332 state innovation health
    49  insurance plan pursuant to this section.
    50    (c) "Health care services" means:

        A. 3007--B                         102
 
     1    (i) the services and supplies as defined by the commissioner of health
     2  in consultation with the superintendent of financial services, and shall
     3  be consistent with and subject  to  the  essential  health  benefits  as
     4  defined  by  the  commissioner  in accordance with the provisions of the
     5  patient protection and affordable care act (P.L. 111-148) and consistent
     6  with the benefits provided by the reference plan selected by the commis-
     7  sioner  of  health for the purposes of defining such benefits, and shall
     8  include coverage of and access to the services of  any  national  cancer
     9  institute-designated  cancer center licensed by the department of health
    10  within the service area of the approved organization that is willing  to
    11  agree  to  provide  cancer-related  inpatient,  outpatient  and  medical
    12  services to all enrollees  in  approved  organizations'  plans  in  such
    13  cancer  center's  service area under the prevailing terms and conditions
    14  that the approved organization requires of other similar providers to be
    15  included in the approved  organization's  network,  provided  that  such
    16  terms  shall  include  reimbursement  of such center at no less than the
    17  fee-for-service medicaid payment rate and methodology applicable to  the
    18  center's inpatient and outpatient services;
    19    (ii)  dental  and  vision  services  as defined by the commissioner of
    20  health, and
    21    (iii) as defined by the commissioner of health and subject to  federal
    22  approval,  certain  services and supports provided to enrollees who have
    23  functional limitations and/or chronic illnesses that  have  the  primary
    24  purpose of supporting the ability of the enrollee to live or work in the
    25  setting  of  their  choice,  which  may include the individual's home, a
    26  worksite, or a provider-owned or controlled residential setting.
    27    (d) "Qualified health plan" means a health plan that meets the  crite-
    28  ria  for  certification described in § 1311(c) of the patient protection
    29  and affordable care act (P.L. 111-148), and is  offered  to  individuals
    30  through  the  NY  State  of  Health, the official health Marketplace, or
    31  Marketplace, as defined  in  subdivision  two  of  section  two  hundred
    32  sixty-eight-a of the public health law.
    33    (e) "Basic health insurance plan" means a health plan providing health
    34  care  services,  separate and apart from qualified health plans, that is
    35  issued by an approved organization  and  certified  in  accordance  with
    36  section three hundred sixty-nine-gg of this title.
    37    (f)  "1332 state innovation plan" means a standard health plan provid-
    38  ing health care services, separate and apart  from  a  qualified  health
    39  plan  and  a  basic health insurance plan, that is issued by an approved
    40  organization and certified in accordance with this section.
    41    3. State innovation plan eligible individual. (a) A person is eligible
    42  to receive coverage for health care under this section if they:
    43    (i) reside in New York state and are under sixty-five years of age;
    44    (ii) are not eligible for medical assistance  under  title  eleven  of
    45  this  article  or for the child health insurance plan described in title
    46  one-A of article twenty-five of the public health law;
    47    (iii) are not eligible for minimum essential coverage, as  defined  in
    48  section  5000A(f)  of  the  Internal Revenue Service Code of 1986, or is
    49  eligible for an employer-sponsored  plan  that  is  not  affordable,  in
    50  accordance with section 5000A(f) of such code; and
    51    (iv)  have  household  income at or below two hundred fifty percent of
    52  the federal poverty line defined and  annually  revised  by  the  United
    53  States  department  of  health and human services for a household of the
    54  same size; and has household income that  exceeds  one  hundred  thirty-
    55  three  percent  of the federal poverty line defined and annually revised
    56  by the United States department of  health  and  human  services  for  a

        A. 3007--B                         103
 
     1  household  of the same size; however, MAGI eligible noncitizens lawfully
     2  present in the United States with household  incomes  at  or  below  one
     3  hundred thirty-three percent of the federal poverty line shall be eligi-
     4  ble  to  receive  coverage  for  health  care  services  pursuant to the
     5  provisions of this section if such noncitizen would  be  ineligible  for
     6  medical assistance under title eleven of this article due to their immi-
     7  gration status.
     8    (b)  Subject to federal approval, a child born to an individual eligi-
     9  ble for and receiving coverage for health care services pursuant to this
    10  section who but for their eligibility under this section would be eligi-
    11  ble for coverage pursuant to subparagraphs two or four of paragraph  (b)
    12  of  subdivision  one of section three hundred sixty-six of this article,
    13  shall be administratively enrolled, as defined by  the  commissioner  of
    14  health,  in  medical assistance and to have been found eligible for such
    15  assistance on the date of such birth and to  remain  eligible  for  such
    16  assistance for a period of one year.
    17    (c) Subject to federal approval, an individual who is eligible for and
    18  receiving  coverage for health care services pursuant to this section is
    19  eligible to continue to receive health care services  pursuant  to  this
    20  section  during  the individual's pregnancy and for a period of one year
    21  following the end of the pregnancy without regard to any change  in  the
    22  income  of  the household that includes the pregnant individual, even if
    23  such change would render the pregnant individual ineligible  to  receive
    24  health care services pursuant to this section.
    25    (d)  For  the  purposes of this section, 1332 state innovation program
    26  eligible individuals are prohibited  from  being  treated  as  qualified
    27  individuals  under section 1312 of the Affordable Care Act and as eligi-
    28  ble individuals under section 1331 of the ACA and enrolling in qualified
    29  health plan through the Marketplace or standard health plan through  the
    30  Basic Health Program.
    31    4.  Enrollment.  (a)  Subject to federal approval, the commissioner of
    32  health is authorized to establish an application and  enrollment  proce-
    33  dure  for prospective enrollees. Such procedure will include a verifica-
    34  tion system for applicants, which must  be  consistent  with  42  USC  §
    35  1320b-7.
    36    (b) Such procedure shall allow for continuous enrollment for enrollees
    37  to  the  1332 state innovation program where an individual may apply and
    38  enroll for coverage at any point.
    39    (c) Upon an applicant's enrollment in a 1332  state  innovation  plan,
    40  coverage  for  health  care  services pursuant to the provisions of this
    41  section shall be retroactive to the first day of the month in which  the
    42  individual  was determined eligible, except in the case of program tran-
    43  sitions within the Marketplace.
    44    (d) A person who has enrolled for coverage pursuant to  this  section,
    45  and who loses eligibility to enroll in the 1332 state innovation program
    46  for  a  reason  other  than citizenship status, lack of state residence,
    47  failure to provide a valid social security number, providing  inaccurate
    48  information  that  would  affect eligibility when requesting or renewing
    49  health coverage pursuant to this section, or failure to make an applica-
    50  ble premium payment, before the end of a twelve month  period  beginning
    51  on  the effective date of the person's initial eligibility for coverage,
    52  or before the end of a twelve month period beginning on the date of  any
    53  subsequent  determination  of  eligibility, shall have their eligibility
    54  for coverage continued until  the  end  of  such  twelve  month  period,
    55  provided  that the state receives federal approval for using funds under
    56  an approved 1332 waiver.

        A. 3007--B                         104
 
     1    5. Premiums. Subject to federal approval, the commissioner  of  health
     2  shall  establish  premium  payments enrollees in a 1332 state innovation
     3  plan shall pay to approved organizations for  coverage  of  health  care
     4  services pursuant to this section. Such premium payments shall be estab-
     5  lished in the following manner:
     6    (a)  up  to fifteen dollars monthly for an individual with a household
     7  income above two hundred percent of the federal poverty line but  at  or
     8  below  two hundred fifty percent of the federal poverty line defined and
     9  annually revised by the United States department  of  health  and  human
    10  services for a household of the same size; and
    11    (b)  no payment is required for individuals with a household income at
    12  or below two hundred percent of the federal  poverty  line  defined  and
    13  annually  revised  by  the  United States department of health and human
    14  services for a household of the same size.
    15    6. Cost-sharing. The commissioner of health shall establish cost-shar-
    16  ing obligations for enrollees, subject to  federal  approval,  including
    17  childbirth  and  newborn  care  consistent  with  the medical assistance
    18  program under title eleven of this article. There shall be no cost-shar-
    19  ing obligations for enrollees for:
    20    (a) dental and vision services as  defined  in  subparagraph  (ii)  of
    21  paragraph (c) of subdivision two of this section; and
    22    (b)  services  and  supports as defined in subparagraph (iii) of para-
    23  graph (c) of subdivision two of this section.
    24    7. Rates of payment. (a) The commissioner of health shall  select  the
    25  contract  with an independent actuary to study and recommend appropriate
    26  reimbursement methodologies for the cost of health care service coverage
    27  pursuant to this section. Such independent actuary shall review and make
    28  recommendations concerning appropriate actuarial assumptions relevant to
    29  the establishment of  reimbursement  methodologies,  including  but  not
    30  limited  to;  the  adequacy of rates of payment in relation to the popu-
    31  lation to be served adjusted for case mix,  the  scope  of  health  care
    32  services  approved  organizations  must provide, the utilization of such
    33  services and the network of providers required to meet state standards.
    34    (b) Upon  consultation  with  the  independent  actuary  and  entities
    35  representing  approved  organizations,  the commissioner of health shall
    36  develop reimbursement methodologies and fee  schedules  for  determining
    37  rates  of  payment, which rates shall be approved by the director of the
    38  division of the budget, to be made by the department to approved  organ-
    39  izations  for the cost of health care services coverage pursuant to this
    40  section. Such reimbursement methodologies and fee schedules may  include
    41  provisions for capitation arrangements.
    42    (c)  The commissioner of health shall have the authority to promulgate
    43  regulations, including emergency regulations,  necessary  to  effectuate
    44  the provisions of this subdivision.
    45    (d)  The  department  of  health shall require the independent actuary
    46  selected pursuant to paragraph (a) of  this  subdivision  to  provide  a
    47  complete actuarial report, along with all actuarial assumptions made and
    48  all  other  data, materials and methodologies used in the development of
    49  rates for the 1332 state innovation plan authorized under this  section.
    50  Such report shall be provided annually to the temporary president of the
    51  senate and the speaker of the assembly.
    52    8.  Ineligibility.   An individual who is lawfully admitted for perma-
    53  nent residence, permanently residing in the United States under color of
    54  law, or who is a non-citizen in a valid nonimmigrant status, as  defined
    55  in  8  U.S.C.    1101(a)(15),  and  who  would be ineligible for medical
    56  assistance under title eleven of this article due to  their  immigration

        A. 3007--B                         105
 
     1  status if the provisions of section one hundred twenty-two of this chap-
     2  ter  were  applied,  shall  be  considered  to be ineligible for medical
     3  assistance for purposes of paragraphs (b) and (c) of  subdivision  three
     4  of this section.
     5    9.  Reporting. The commissioner of health shall submit a report to the
     6  temporary president of the senate and the speaker of the assembly  annu-
     7  ally  by  December thirty-first. The report shall include, at a minimum,
     8  an analysis of the 1332 state innovation program and its impact  on  the
     9  financial interest of the state; its impact on the Marketplace including
    10  enrollment  and premiums; its impact on the number of uninsured individ-
    11  uals in the state; its impact on the Medicaid global cap; and the  demo-
    12  graphics  of  the  1332 state innovation program enrollees including age
    13  and immigration status.
    14    10. Severability. If the secretary of health and human services or the
    15  secretary of the treasury do not approve any provision of  the  applica-
    16  tion for a state innovation waiver, such decision shall in no way affect
    17  or  impair  any  other provisions that the secretaries may approve under
    18  this section.
    19    § 4. The state finance law is amended by adding a new section 98-d  to
    20  read as follows:
    21    §  98-d. 1332 state innovation program fund. 1. There is hereby estab-
    22  lished in the joint custody of the state comptroller and the commission-
    23  er of taxation and finance a special fund to be known as the "1332 state
    24  innovation program fund".
    25    2. Such fund shall be kept separate and shall not be  commingled  with
    26  any  other funds in the custody of the state comptroller and the commis-
    27  sioner of taxation and finance.
    28    3. Such fund shall consist of  moneys  transferred  from  the  federal
    29  government  pursuant to 42 U.S.C. 18052 and an approved 1332 state inno-
    30  vation program waiver application for the purpose implementing the state
    31  plan under the 1332 state innovation program,  established  pursuant  to
    32  section three hundred sixty-nine-ii of the social services law.
    33    4.  Upon  federal  approval,  all moneys in such fund shall be used to
    34  implement and operate the 1332 state  innovation  program,  pursuant  to
    35  section  three  hundred sixty-nine-ii of the social services law, except
    36  to the extent that the provisions of such section conflict or are incon-
    37  sistent with federal law, in which case the provisions of  such  federal
    38  law shall supersede such state law provisions.
    39    §  5.  Subparagraph 1 of paragraph (g) of subdivision 1 of section 366
    40  of the social services law, as amended by section 45 of part B of  chap-
    41  ter 57 of the laws of 2015, is amended to read as follows:
    42    (1)  Applicants and recipients who are lawfully admitted for permanent
    43  residence, or who are permanently residing in the  United  States  under
    44  color of law, or who are non-citizens in a valid nonimmigrant status, as
    45  defined  in  8  U.S.C.    1101(a)(15); who are MAGI eligible pursuant to
    46  paragraph (b) of this subdivision;  and  who  would  be  ineligible  for
    47  medical  assistance  coverage  under subdivisions one and two of section
    48  three hundred sixty-five-a of this title solely due to their immigration
    49  status if the provisions of section one hundred twenty-two of this chap-
    50  ter were applied, shall only be eligible for assistance under this title
    51  if enrolled in a standard health plan offered by a basic health  program
    52  established  pursuant  to  section  three  hundred sixty-nine-gg of this
    53  article or a standard health plan offered by  a  1332  state  innovation
    54  program  established  pursuant to section three hundred sixty-nine-ii of
    55  this article if such program is established and operating.

        A. 3007--B                         106
 
     1    § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion, section or part of this act shall be  adjudged  by  any  court  of
     3  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     4  impair, or invalidate the remainder thereof, but shall  be  confined  in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such
     9  invalid provisions had not been included herein.
    10    §  7.  This  act  shall take effect immediately and shall be deemed to
    11  have been in full force  and  effect  on  and  after  January  1,  2023;
    12  provided  that  section  three  of this act shall be contingent upon the
    13  commissioner of health obtaining and maintaining all necessary approvals
    14  from the secretary of health and human services and the secretary of the
    15  treasury based on an application  for  a  waiver  for  state  innovation
    16  pursuant  to  section 1332 of the patient protection and affordable care
    17  act (P.L.  111-148) and subdivision 25 of section 268-c  of  the  public
    18  health  law.  The department of health shall notify the legislative bill
    19  drafting commission upon  the  occurrence  of  approval  of  the  waiver
    20  program in order that the commission may maintain an accurate and timely
    21  data  base  of the official text of the laws of the state of New York in
    22  furtherance of effectuating the provisions of section 44 of the legisla-
    23  tive law and section 70-b of the public officers law.

    24                                   PART I
 
    25    Section 1. Subdivision (i) of section 111 of part H of chapter  59  of
    26  the laws of 2011, amending the public health law and other laws relating
    27  to  known and projected department of health state fund medical expendi-
    28  tures, as amended by section 8 of part E of chapter 57 of  the  laws  of
    29  2019, is amended to read as follows:
    30    (i)  the amendments to paragraph (b) and subparagraph (i) of paragraph
    31  (g) of subdivision 7 of section 4403-f of the public health law made  by
    32  section  forty-one-b  of  this act shall expire and be repealed April 1,
    33  [2023] 2027;
    34    § 2. Intentionally omitted.
    35    § 3. Intentionally omitted.
    36    § 4. The opening paragraph of subparagraph (i)  of  paragraph  (d)  of
    37  subdivision  6  of  section 4403-f of the public health law, as added by
    38  section 5 of part MM of chapter 56 of the laws of 2020,  is  amended  to
    39  read as follows:
    40    Effective  April  first, two thousand twenty, and expiring March thir-
    41  ty-first, two thousand [twenty-two] twenty-seven, the commissioner shall
    42  place a moratorium on the processing and approval of applications  seek-
    43  ing a certificate of authority as a managed long term care plan pursuant
    44  to  this section, including applications seeking authorization to expand
    45  an existing managed long term care plan's approved service area or scope
    46  of eligible enrollee populations. Such moratorium shall not apply to:
    47    § 5. Intentionally omitted.
    48    § 6. Subparagraph (i) of paragraph (g) of  subdivision  7  of  section
    49  4403-f  of the public health law, as amended by section 1 of part GGG of
    50  chapter 59 of the laws of 2017, is amended to read as follows:
    51    (i) Managed long term care plans and demonstrations may enroll  eligi-
    52  ble  persons  in  the  plan  or  demonstration  upon the completion of a
    53  comprehensive assessment that shall include, but not be limited  to,  an
    54  evaluation of the medical, social, cognitive, and environmental needs of

        A. 3007--B                         107
 
     1  each  prospective  enrollee  in such program. This assessment shall also
     2  serve as the basis for the development and provision of  an  appropriate
     3  plan  of  care  for  the enrollee, including appropriate community-based
     4  referrals. Upon approval of federal waivers pursuant to paragraph (b) of
     5  this subdivision which require medical assistance recipients who require
     6  community-based  long  term  care services to enroll in a plan, and upon
     7  approval of the commissioner, a plan may  enroll  an  applicant  who  is
     8  currently  receiving  home and community-based services and complete the
     9  comprehensive assessment within thirty days of enrollment provided  that
    10  the  plan  continues  to  cover transitional care until such time as the
    11  assessment is completed.
    12    § 6-a. Subparagraph (i) of paragraph (g) of subdivision 7  of  section
    13  4403-f  of  the public health law, as added by section 65-c of part A of
    14  chapter 57 of the laws of 2006 and as relettered by section 20 of part C
    15  of chapter 58 of the laws of 2007, is amended to read as follows:
    16    (i) Managed long term care plans and demonstrations may enroll  eligi-
    17  ble  persons  in  the  plan  or  demonstration  upon the completion of a
    18  comprehensive assessment that shall include, but not be limited  to,  an
    19  evaluation  of  the  medical,  social  and  environmental  needs of each
    20  prospective enrollee in such program. This assessment shall  also  serve
    21  as the basis for the development and provision of an appropriate plan of
    22  care for the prospective enrollee, including appropriate community-based
    23  referrals.
    24    § 7. Intentionally omitted.
    25    § 8. Intentionally omitted.
    26    § 9. Intentionally omitted.
    27    § 10. Intentionally omitted.
    28    § 11. Intentionally omitted.
    29    § 12. Intentionally omitted.
    30    §  13.  Part  I  of  chapter  57  of the laws of 2022, providing a one
    31  percent across the board payment increase to all qualifying fee-for-ser-
    32  vice Medicaid rates, is amended by adding two new sections 1-a  and  1-b
    33  to read as follows:
    34    §  1-a.  Notwithstanding any provision of law to the contrary, for the
    35  state fiscal years beginning April 1,  2023,  and  thereafter,  Medicaid
    36  payments  made  for  the  operating component of residential health care
    37  facilities services shall be subject to a uniform rate increase  of  ten
    38  percent  in  addition  to  the  increase  contained  in subdivision 1 of
    39  section 1 of this part, subject to the approval of the  commissioner  of
    40  the  department  of  health  and  the  director of the budget. Such rate
    41  increase shall be subject to federal financial participation.
    42    § 1-b. Notwithstanding any provision of law to the contrary,  for  the
    43  state  fiscal  years  beginning  April 1, 2023, and thereafter, Medicaid
    44  payments made for the operating component of assisted living programs as
    45  defined by paragraph (a) of subdivision one  of  section  461-l  of  the
    46  social  services  law shall be subject to a uniform rate increase of ten
    47  percent in addition to the increase contained in  section  one  of  this
    48  part,  subject  to the approval of the commissioner of the department of
    49  health and the director of the  budget.  Such  rate  increase  shall  be
    50  subject to federal financial participation.
    51    § 14. Intentionally omitted.
    52    § 15. Intentionally omitted.
    53    § 16. Intentionally omitted.
    54    § 17. Intentionally omitted.

        A. 3007--B                         108
 
     1    §  18.  This  act shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2023; provided,
     3  however, that:
     4    (a)  the amendments to section 4403-f of the public health law made by
     5  sections four, six and six-a of this act shall not affect the repeal  of
     6  such section and shall be deemed repealed therewith;
     7    (b) the amendments to subparagraph (i) of paragraph (g) of subdivision
     8  7 of section 4403-f of the public health law made by section six of this
     9  act  shall  be  subject to the expiration and reversion of such subpara-
    10  graph pursuant to subdivision (i) of section 111 of part H of chapter 59
    11  of the laws of 2011, as amended, when upon such date the  provisions  of
    12  section six-a of this act shall take effect; and
    13    (c) effective immediately, the commissioner of health shall promulgate
    14  any  rules  and regulations and take such steps, including requiring the
    15  submission of reports or surveys  by  fiscal  intermediaries  under  the
    16  consumer  directed  personal assistance program, as may be necessary for
    17  the timely implementation of this act on or before such effective date.
 
    18                                   PART J
 
    19                            Intentionally Omitted
 
    20                                   PART K
 
    21    Section 1. Subparagraph 1 of paragraph (e) of subdivision 1 of section
    22  366 of the social services law, as added by section 1 of part D of chap-
    23  ter 56 of the laws of 2013, is amended to read as follows:
    24    (1) is an [inmate] incarcerated individual or patient in  an  institu-
    25  tion  or  facility  wherein  medical  assistance  may not be provided in
    26  accordance with applicable federal or  state  requirements,  except  for
    27  persons  described in subparagraph ten of paragraph (c) of this subdivi-
    28  sion or subdivision one-a or  subdivision  one-b  of  this  section;  or
    29  except for certain services provided to persons in a correctional insti-
    30  tution or facility permitted by a waiver authorized under section eleven
    31  hundred  fifteen  of  the  federal  social  security act, which shall be
    32  subject to federal financial participation for the expenditures provided
    33  under the waiver.
    34    § 2.  This act shall take effect immediately and shall  be  deemed  to
    35  have been in full force and effect on and after April 1, 2023.
 
    36                                   PART L
 
    37                            Intentionally Omitted
 
    38                                   PART M
 
    39                            Intentionally Omitted
 
    40                                   PART N

    41    Section 1. Section 366 of the social services law is amended by adding
    42  a new subdivision 16 to read as follows:

        A. 3007--B                         109
 
     1    16.  (a) The commissioner of health is authorized to submit the appro-
     2  priate waivers and/or any other required requests for federal  approval,
     3  including but not limited to, those authorized in section eleven hundred
     4  fifteen  of  the  federal  social  security  act,  in order to establish
     5  expanded  medical  assistance  eligibility for working disabled individ-
     6  uals. Such waiver applications shall be executed consistent  with  para-
     7  graphs  (b),  (c),  (d) and (e) of this subdivision, to the extent those
     8  sections comply with the requirements of section eleven hundred  fifteen
     9  of  the federal social security act.  Notwithstanding subparagraphs five
    10  and six of paragraph (c) of subdivision one of this section and subdivi-
    11  sion twelve of section three hundred sixty-seven-a of this title, or any
    12  other provision of law to the contrary,  if  granted  such  waiver,  the
    13  commissioner of health may authorize eligible persons to receive medical
    14  assistance  pursuant to the waiver if, for so long as, and to the extent
    15  that, financial participation is available therefor. The waiver applica-
    16  tion shall provide for thirty thousand persons to be eligible to partic-
    17  ipate in such waiver.
    18    (b) Individuals eligible for participation in such waiver shall:
    19    (i) be a disabled individual, defined as having a medically determina-
    20  ble impairment of sufficient severity and duration to qualify for  bene-
    21  fits under Titles II or XVI of the social security act;
    22    (ii) be at least sixteen years of age;
    23    (iii)  be  otherwise eligible for medical assistance benefits, but for
    24  earnings and/or resources in excess of the allowable limit;
    25    (iv) have net available income, determined in accordance with subdivi-
    26  sion two of this section, that does not exceed two thousand two  hundred
    27  fifty  percent  of  the  applicable federal poverty line, as defined and
    28  updated by the United States department of health and human services;
    29    (v) have resources, as defined in paragraph (e) of subdivision two  of
    30  section  three  hundred sixty-six-c of this title, other than retirement
    31  accounts, that do not exceed three hundred thousand dollars;
    32    (vi) contribute to the cost of medical assistance provided pursuant to
    33  this paragraph in accordance with paragraph (d) of this subdivision; and
    34    (vii) meet such other criteria as may be established  by  the  commis-
    35  sioner as may be necessary to administer the provisions of this subdivi-
    36  sion in an equitable manner.
    37    (c)  An  individual  at  least  sixteen years of age who: is employed;
    38  ceases to be eligible for participation in such waiver pursuant to para-
    39  graph (b) of this subdivision because the person, by reason  of  medical
    40  improvement, is determined at the time of a regularly scheduled continu-
    41  ing  disability  review  to no longer be certified as disabled under the
    42  social security act; continues to have a severe  medically  determinable
    43  impairment, to be determined in accordance with applicable federal regu-
    44  lations;  and  contributes  to  the  cost of medical assistance provided
    45  pursuant to this paragraph in accordance  with  paragraph  (d)  of  this
    46  subdivision,  shall  be  eligible  for participation in such waiver. For
    47  purposes of this paragraph, a person is considered to be employed if the
    48  person is earning at least the applicable minimum wage under section six
    49  of the federal fair labor standards act and working at least forty hours
    50  per month.
    51    (d) Prior to receiving medical assistance pursuant to such  waiver,  a
    52  person  whose  net  available  income  is  greater  than or equal to two
    53  hundred fifty percent of the applicable federal poverty line shall pay a
    54  monthly premium, in accordance with a procedure to be established by the
    55  commissioner, provided that no enrollee shall pay a monthly premium that
    56  exceeds exceed eight and one-half  percent  of  the  enrollee's  monthly

        A. 3007--B                         110
 
     1  income.  The  amount  of  such  premium for a person whose net available
     2  income is greater than or equal to two  hundred  fifty  percent  of  the
     3  applicable  federal poverty line, but less than three hundred percent of
     4  the  applicable  federal  poverty line shall be three hundred and forty-
     5  seven dollars but shall not exceed four percent of the enrollee's month-
     6  ly income.  The amount of such premium for a person whose net  available
     7  income is greater than or equal to three hundred percent of the applica-
     8  ble  federal  poverty  line,  but  less than four hundred percent of the
     9  applicable federal poverty line shall be five hundred  eighteen  dollars
    10  but  shall not exceed six percent of the enrollee's monthly income.  The
    11  amount of such premium for a person whose net available income is great-
    12  er than or equal to four  hundred  percent  of  the  applicable  federal
    13  poverty  line,  but  less  than  five  hundred percent of the applicable
    14  federal poverty line shall be seven hundred and seventy-nine dollars but
    15  shall not exceed eight and one-half percent of  the  enrollee's  monthly
    16  income.  The  amount  of  such  premium for a person whose net available
    17  income is equal to or greater than five hundred percent of the  applica-
    18  ble  federal  poverty line shall be one thousand four hundred and forty-
    19  eight dollars but shall not exceed eight and  one-half  percent  of  the
    20  enrollee's  monthly  income.  No premium shall be required from a person
    21  whose net available income is less than two hundred fifty percent of the
    22  applicable federal poverty line.
    23    (e) Notwithstanding any other provision of this section or  any  other
    24  law  to  the  contrary,  for  purposes of determining medical assistance
    25  eligibility for persons specified in paragraph (b) or (c) of this subdi-
    26  vision, the income and resources of responsible relatives shall  not  be
    27  deemed  available for as long as the person meets the criteria specified
    28  in this subdivision.
    29    § 2. This act shall take effect on January 1, 2025.
 
    30                                   PART O
 
    31                            Intentionally Omitted
 
    32                                   PART P
 
    33    Section 1. The public health law is amended by adding  a  new  section
    34  2825-h to read as follows:
    35    §  2825-h.  Health care facility transformation program:  statewide V.
    36  1. A statewide health care facility  transformation  program  is  hereby
    37  established within the department for the purpose of transforming, rede-
    38  signing,  and  strengthening  quality  health care services in alignment
    39  with statewide and regional  health  care  needs,  and  in  the  ongoing
    40  pandemic  response.  The  program shall also provide funding, subject to
    41  lawful appropriation, in support of  capital  projects  that  facilitate
    42  furthering such transformational goals.
    43    2.  The  commissioner shall enter into an agreement with the president
    44  of the dormitory authority of the state of New York pursuant to  section
    45  sixteen  hundred  eighty-r  of  the  public authorities law, which shall
    46  apply to this agreement, subject to the approval of the director of  the
    47  division  of the budget, for the purposes of the distribution and admin-
    48  istration of available funds pursuant to such agreement, and made avail-
    49  able pursuant to this section  and  appropriation.  Such  funds  may  be
    50  awarded  and  distributed  by  the  department for grants to health care
    51  providers including but not limited to,  hospitals,  residential  health

        A. 3007--B                         111
 
     1  care facilities, adult care facilities licensed under title two of arti-
     2  cle  seven  of the social services law, diagnostic and treatment centers
     3  licensed or granted an operating certificate under this  chapter,  clin-
     4  ics, including but not limited to those licensed or granted an operating
     5  certificate  under  this  chapter  or the mental hygiene law, children's
     6  residential treatment facilities licensed under  article  thirty-one  of
     7  the mental hygiene law, assisted living programs approved by the depart-
     8  ment pursuant to section four hundred sixty-one-l of the social services
     9  law,  behavioral  health  facilities  licensed  or  granted an operating
    10  certificate pursuant to articles thirty-one and thirty-two of the mental
    11  hygiene law, home care providers certified  or  licensed  under  article
    12  thirty-six of this chapter, primary care providers, hospices licensed or
    13  granted an operating certificate pursuant to article forty of this chap-
    14  ter,  community-based programs funded under the office of mental health,
    15  the office of addiction services and supports,  the  office  for  people
    16  with  developmental disabilities, or through local governmental units as
    17  defined under article forty-one of the mental hygiene  law,  independent
    18  practice  associations  or  organizations, and residential facilities or
    19  day program facilities licensed  or  granted  an  operating  certificate
    20  under  article  sixteen of the mental hygiene law. A copy of such agree-
    21  ment, and any amendments thereto, shall be provided by the department to
    22  the chair of the senate finance committee, the  chair  of  the  assembly
    23  ways and means committee, and the director of the division of the budget
    24  no  later  than  thirty days after such agreement is finalized. Projects
    25  awarded, in whole or part, under sections twenty-eight  hundred  twenty-
    26  five-a  and twenty-eight hundred twenty-five-b of this article shall not
    27  be eligible for grants or awards made available under this section.
    28    3. At least fifty million dollars of total awarded funds shall be made
    29  to community-based health care providers, which  for  purposes  of  this
    30  section  shall be defined as: a diagnostic and treatment center licensed
    31  or granted an operating certificate under this article; a mental  health
    32  clinic  licensed or granted an operating certificate under article thir-
    33  ty-one of the mental hygiene law; a  substance  use  disorder  treatment
    34  clinic  licensed or granted an operating certificate under article thir-
    35  ty-two of the mental hygiene law; independent practice  associations  or
    36  organizations;  a  clinic  licensed  or granted an operating certificate
    37  under article sixteen of the mental hygiene law; a  home  care  provider
    38  certified  or  licensed  under  article  thirty-six  of this chapter; or
    39  hospices licensed or granted  an  operating  certificate  under  article
    40  forty  of  this chapter; a mental health outpatient provider licensed or
    41  granted an operating certificate under article thirty-one of the  mental
    42  hygiene  law;  a  substance  use disorder treatment provider licensed or
    43  granted an operating certificate under article thirty-two of the  mental
    44  hygiene law; a community-based program funded under the office of mental
    45  health,  the  office  for  people  with  developmental disabilities, the
    46  office of addiction services and supports or  through  a  local  govern-
    47  mental  unit  as  defined  under article forty-one of the mental hygiene
    48  law.
    49    4.  Up to five hundred million dollars of the funds  appropriated  for
    50  this  program  shall  be awarded for grants to health care providers, as
    51  defined in subdivision two of this section. Awards made pursuant to this
    52  subdivision shall provide funding only  for  capital  projects,  to  the
    53  extent  lawful  appropriation and funding is available, to build innova-
    54  tive,  patient-centered  models of  care,  increase access  to  care, to
    55  improve  the  quality  of care and to ensure financial sustainability of
    56  health care providers.

        A. 3007--B                         112

     1    5. Up to five hundred million dollars of the  funds  appropriated  for
     2  this program shall be awarded for technological and telehealth transfor-
     3  mation projects.
     4    6. Disbursement of awards may be contingent on the health care provid-
     5  er as defined in subdivision two of this section achieving certain proc-
     6  ess and performance metrics and milestones that are structured to ensure
     7  that the goals of the project are achieved.
     8    7.  The  department shall provide a report on a quarterly basis to the
     9  chairs of the senate finance, assembly ways and means,  and  senate  and
    10  assembly health committees, until such time as the department determines
    11  that  the  projects  that  receive  funding pursuant to this section are
    12  substantially complete. Such reports shall be submitted  no  later  than
    13  sixty  days  after the close of the quarter, and shall include, for each
    14  award, the name of the health care provider as  defined  in  subdivision
    15  two of this section, a description of the project or purpose, the amount
    16  of  the  award,  disbursement date, and status of achievement of process
    17  and performance metrics and milestones pursuant to  subdivision  six  of
    18  this section.
    19    §  2.  This  act  shall take effect immediately and shall be deemed to
    20  have been in full force and effect on and after April 1, 2023.
 
    21                                   PART Q
 
    22    Section 1. Subdivision 2 of section 365-a of the social  services  law
    23  is amended by adding new paragraph (kk) to read as follows:
    24    (kk)  community health worker services which shall include, but not be
    25  limited  to, culturally appropriate patient education, health care navi-
    26  gation, care coordination including the  development  of  a  care  plan,
    27  patient  advocacy,  and  support  services for the management of chronic
    28  conditions for children  under  age  twenty-one,  and  for  adults  with
    29  health-related  social  needs,  when  such services are recommended by a
    30  physician or other health care practitioner authorized under title eight
    31  of the education law, and provided by qualified community  health  work-
    32  ers,  as  determined  by  the commissioner of health; provided, however,
    33  that the provisions of this paragraph shall not take effect  unless  all
    34  necessary  approvals under federal law and regulation have been obtained
    35  to receive federal financial participation in the costs of  health  care
    36  services provided pursuant to this paragraph.  Nothing in this paragraph
    37  shall  be  construed  to modify any licensure, certification or scope of
    38  practice provision under title eight of the education law.
    39    § 2. Clause (C) of subparagraph (ii) of paragraph (f)  of  subdivision
    40  2-a  of  section 2807 of the public health law, as amended by section 43
    41  of part B of chapter 58 of the laws of  2010,  is  amended  to  read  as
    42  follows:
    43    (C)  [individual  psychotherapy]  services provided by licensed social
    44  workers, licensed mental health counselors, licensed creative arts ther-
    45  apists, and licensed marriage and family therapists, in accordance  with
    46  licensing  criteria  set  forth  in  applicable regulations[, to persons
    47  under the age of twenty-one and to persons requiring such services as  a
    48  result of or related to pregnancy or giving birth]; and
    49    § 3. This act shall take effect January 1, 2024.
 
    50                                   PART R

        A. 3007--B                         113
 
     1    Section  1.  Subdivision 2 of section 365-a of the social services law
     2  is amended by adding two  new  paragraphs  (kk)  and  (ll)  to  read  as
     3  follows:
     4    (kk) care and services of nutritionists and dietitians certified under
     5  article one hundred fifty-seven of the education law acting within their
     6  scope of practice.
     7    (ll)  Chronic  Disease  Self-Management  Program for persons diagnosed
     8  with arthritis when such services are ordered by a physician, registered
     9  physician's  assistant,  registered  nurse  practitioner,  or   licensed
    10  midwife  and  provided  by  qualified  educators,  as  determined by the
    11  commissioner of health,  subject  to  federal  financial  participation.
    12  Nothing  in  this  paragraph shall be construed to modify any licensure,
    13  certification or scope of practice provision under title  eight  of  the
    14  education law.
    15    §  2.  Clause (A) of subparagraph (ii) of paragraph (f) of subdivision
    16  2-a of section 2807 of the public health law, as amended by  section  43
    17  of  part  B  of  chapter  58  of the laws of 2010, is amended to read as
    18  follows:
    19    (A) services provided in accordance with the provisions of  paragraphs
    20  (q)  [and],  (r),  and  (ll) of subdivision two of section three hundred
    21  sixty-five-a of the social services law; and
    22    § 3. This act shall take effect July 1, 2023; provided, however,  that
    23  paragraph  (ll) of subdivision 2 of section 365-a of the social services
    24  law added by section one of this act and section two of this act,  shall
    25  take effect October 1, 2023.
 
    26                                   PART S
 
    27    Section 1. Intentionally omitted.
    28    §  2. Section 3002 of the public health law is amended by adding a new
    29  subdivision 1-a to read as follows:
    30    1-a. The state emergency medical services  council  shall  advise  and
    31  assist  the  commissioner on such issues as the commissioner may require
    32  related to the provision of emergency medical service,  specialty  care,
    33  designated  facility  care,  and  disaster  medical  care.    This shall
    34  include, but shall not  be  limited  to,  the  recommendation,  periodic
    35  revision,  and  application  of  rules  and regulations, appropriateness
    36  review standards, treatment protocols, workforce development, and quali-
    37  ty improvement standards. The state emergency medical  services  council
    38  shall  meet  at  least  three  times  per year or more frequently at the
    39  request of the chairperson or department and approved by the commission-
    40  er.
    41    § 2-a. Intentionally omitted.
    42    § 3. Section 3003 of the public health law is amended by adding a  new
    43  subdivision 1-a to read as follows:
    44    1-a. Each regional emergency medical services council shall advise the
    45  state  emergency  medical services council and department on such issues
    46  as the state  emergency  medical  services  council  or  department  may
    47  require, related to the provision of emergency medical service, special-
    48  ty  care, designated facility care, and disaster medical care, and shall
    49  carry out duties to assist in the  regional  coordination  of  such,  as
    50  outlined  by  the state emergency medical services council with approval
    51  of the department.
    52    § 4. Intentionally omitted.
    53    § 5. Intentionally omitted.
    54    § 6. Intentionally omitted.

        A. 3007--B                         114
 
     1    § 7. Intentionally omitted.
     2    §  8. The public health law is amended by adding a new section 3020 to
     3  read as follows:
     4    § 3020. Recruitment and retention. 1.  The commissioner  shall  estab-
     5  lish  and fund within amounts appropriated, a public service campaign to
     6  recruit additional personnel into the emergency medical system fields.
     7    2. The commissioner shall establish and fund within amounts  appropri-
     8  ated an emergency medical system mental health and wellness program that
     9  provides  resources to emergency medical service practitioners to retain
    10  personnel in the emergency medical system fields.
    11    § 9. Intentionally omitted.
    12    § 10. Intentionally omitted.
    13    § 11. Intentionally omitted.
    14    § 12. Intentionally omitted.
    15    § 13. Intentionally omitted.
    16    § 14. This act shall take effect immediately.
 
    17                                   PART T
 
    18                            Intentionally Omitted
 
    19                                   PART U
 
    20                            Intentionally Omitted
 
    21                                   PART V
 
    22                            Intentionally Omitted
 
    23                                   PART W
 
    24    Section 1. Intentionally omitted.
    25    § 2. Intentionally omitted.
    26    § 3. Intentionally omitted.
    27    § 4. Intentionally omitted.
    28    § 5. Intentionally omitted.
    29    § 6. Intentionally omitted.
    30    § 7. Intentionally omitted.
    31    § 8. Intentionally omitted.
    32    § 9. Intentionally omitted.
    33    § 10. Intentionally omitted.
    34    § 11. Intentionally omitted.
    35    § 12. Intentionally omitted.
    36    § 13. Intentionally omitted.
    37    § 14. Intentionally omitted.
    38    § 15. Intentionally omitted.
    39    § 16. Intentionally omitted.
    40    § 17. Intentionally omitted.
    41    § 18. Intentionally omitted.
    42    § 19. Intentionally omitted.
    43    § 20. Intentionally omitted.
    44    § 21. Intentionally omitted.
    45    § 22. Intentionally omitted.

        A. 3007--B                         115
 
     1    § 23. Intentionally omitted.
     2    § 24. Intentionally omitted.
     3    § 25. Intentionally omitted.
     4    § 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016
     5  amending the education law and the public health law relating to author-
     6  izing  certain  advanced  home  health aides to perform certain advanced
     7  tasks, is amended to read as follows:
     8    b. this act shall expire and be deemed repealed March 31, [2023] 2029.
     9    § 27. Intentionally omitted.
    10    § 28. Intentionally omitted.
    11    § 29. Intentionally omitted.
    12    § 30. Intentionally omitted.
    13    § 31. Intentionally omitted.
    14    § 32. Intentionally omitted.
    15    § 33. This act shall take effect immediately.
 
    16                                   PART X
 
    17    Section 1. The public health law is amended by adding  a  new  article
    18  29-K to read as follows:
    19                                ARTICLE 29-K
    20           REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES
    21  Section 2999-ii. Definitions.
    22          2999-jj. Registration  of  temporary  health care services agen-
    23                     cies; requirements.
    24          2999-kk. Temporary health care services agencies; minimum stand-
    25                     ards.
    26          2999-ll. Violations; penalties.
    27          2999-mm. Rates for temporary health care services.
    28    § 2999-ii. Definitions. For the purposes of this article:
    29    1. "Certified nurse aide" means a person included in the nursing  home
    30  nurse  aide registry pursuant to section twenty-eight hundred three-j of
    31  this chapter as added by chapter seven hundred seventeen of the laws  of
    32  nineteen hundred eighty-nine.
    33    2.  "Controlling  person" means a person, officer, program administra-
    34  tor, or director whose responsibilities include  the  direction  of  the
    35  management  or  policies  of  a  temporary  health care services agency.
    36  "Controlling person" also means an  individual  who,  directly  owns  at
    37  least  ten  percent  voting  interest  in a corporation, partnership, or
    38  other business entity that is a controlling person.
    39    3. "Health care entity" means an  agency,  corporation,  facility,  or
    40  individual providing medical or health care services.
    41    4.  "Health  care  personnel"  means nurses, certified nurse aides and
    42  licensed or unlicensed direct care workers  employed  by  the  temporary
    43  health  care  services  agency to provide temporary services in a health
    44  care entity.
    45    5. "Nurse" means a registered professional nurse, or a licensed  prac-
    46  tical  nurse as defined by article one hundred thirty-nine of the educa-
    47  tion law.
    48    6. "Direct care worker" means  an  employee  who  is  responsible  for
    49  patient/resident handling or patient/resident assessment as a regular or
    50  incidental  part  of  their  employment, including any licensed or unli-
    51  censed health care worker.
    52    7. "Person" means an individual, firm,  corporation,  partnership,  or
    53  association.

        A. 3007--B                         116
 
     1    8. "Temporary health care services agency" or "agency" means a person,
     2  firm, corporation, partnership, association or other entity in the busi-
     3  ness  of  providing  or  procuring  temporary  employment of health care
     4  personnel for health care entities. Temporary health care services agen-
     5  cy shall include a nurses' registry licensed under article eleven of the
     6  general  business  law and entities that utilize apps or other technolo-
     7  gy-based solutions to provide or procure temporary employment of  health
     8  care  personnel  in health care entities. Temporary health care services
     9  agency shall not include: (a) an individual who only engages in  provid-
    10  ing  the  individual's  own services on a temporary basis to health care
    11  entities; or (b) a home care agency licensed under article thirty-six of
    12  this chapter.
    13    § 2999-jj. Registration of temporary health  care  services  agencies;
    14  requirements.  1.  Any  person  who  operates  a  temporary  health care
    15  services agency shall register the agency with the department.
    16    2. The commissioner shall publish guidelines  establishing  the  forms
    17  and  procedures  for applications for registration. Forms shall include,
    18  at a minimum all of the following:
    19    (a) The names and addresses of  the  temporary  health  care  services
    20  agency controlling person or persons.
    21    (b) The names and addresses of health care entities where the control-
    22  ling person or persons or their family members:
    23    (i) have an ownership relationship; or
    24    (ii) direct the management or policies of such health care entities.
    25    (c)  A demonstration that the applicant is of good moral character and
    26  able to comply with all applicable state laws and  regulations  relating
    27  to the activities in which it intends to engage under the registration.
    28    (d)  Registration and registration annual renewal fees of one thousand
    29  dollars which shall only be used  for  the  purpose  of  operating  this
    30  registry.
    31    (e) The state of incorporation of the agency.
    32    (f)  Any  additional  information  that the commissioner determines is
    33  necessary to properly evaluate an application for registration.
    34    3. As a condition of registration, a temporary  health  care  services
    35  agency:
    36    (a)  Shall  document  that  each temporary employee provided to health
    37  care entities currently  meets  the  minimum  licensing,  training,  and
    38  continuing  education  standards  for the position in which the employee
    39  will be working.
    40    (b) Shall comply with all pertinent  requirements  and  qualifications
    41  for personnel employed in health care entities.
    42    (c)  Shall  not restrict in any manner the employment opportunities of
    43  its employees.
    44    (d) Shall maintain insurance coverage for  workers'  compensation  and
    45  disability  coverage  for all health care personnel provided or procured
    46  by the agency.
    47    (e) Shall not require the payment of  liquidated  damages,  employment
    48  fees,  or other compensation should the employee be hired as a permanent
    49  employee of a health care entity in any contract with  any  employee  or
    50  health care entity or otherwise.
    51    (f)  Shall  document  that  each temporary employee provided to health
    52  care entities is jointly employed by the agency and the  entity  and  is
    53  not an independent contractor.
    54    (g)  Shall retain all records of employment for six calendar years and
    55  make them available to the department upon request.

        A. 3007--B                         117
 
     1    (h) Shall comply with any requests made by the department  to  examine
     2  the  books  and  records of the agency, subpoena witnesses and documents
     3  and make such other investigation as is necessary in the event that  the
     4  department  has reason to believe that the books or records do not accu-
     5  rately  reflect the financial condition or financial transactions of the
     6  agency.
     7    (i) Shall comply with any additional requirements the  department  may
     8  deem necessary.
     9    4. A registration issued by the commissioner according to this section
    10  shall  be effective for a period of one year, unless the registration is
    11  revoked or suspended, or unless ownership interest  of  ten  percent  or
    12  more,  or  management  of  the temporary health care services agency, is
    13  sold or transferred. When ownership interest of ten percent or more,  or
    14  management  of a temporary health care services agency is sold or trans-
    15  ferred, the registration of the agency may be  transferred  to  the  new
    16  owner  or  operator  for thirty days, or until the new owner or operator
    17  applies and is granted or denied a new registration, whichever is  soon-
    18  er.
    19    5.  The  commissioner  may,  after  appropriate  notice  and  hearing,
    20  suspend, revoke, or refuse to issue or renew any registration  or  issue
    21  any  fines  established  pursuant to section twenty-nine hundred ninety-
    22  nine-ll of this article if the applicant fails to comply with this arti-
    23  cle or any guidelines, rules and regulations promulgated thereunder.
    24    6. The commissioner shall publish a  list  of  temporary  health  care
    25  services  agencies  registered  with  the department on the department's
    26  public website.
    27    7. The department shall publish a quarterly report  containing  aggre-
    28  gated and de-identified data collected under this article on the depart-
    29  ment's website.
    30    8. The department, in consultation with the department of labor, shall
    31  provide  a  report to the governor and legislature on October first, two
    32  thousand  twenty-three,  summarizing  the  key  findings  of  the   data
    33  collected pursuant to this article.
    34    9.  The  commissioner  shall  establish  a system for the reporting of
    35  complaints against a  temporary  health  care  staffing  agency  or  its
    36  employees. Reports may be made by any individual. The commissioner shall
    37  investigate all complaints made against a temporary health care staffing
    38  agency.
    39    § 2999-kk. Temporary health care services agencies; minimum standards.
    40  1.  A temporary health care services agency shall appoint an administra-
    41  tor qualified by training, experience or education to operate the  agen-
    42  cy.  Each separate agency location shall have its own administrator.
    43    2.  A temporary health care services agency shall develop and maintain
    44  written employment policies and procedures. The agency shall inform  its
    45  employees  of  the  terms and conditions of employment by that agency at
    46  the time of hire, as well as no less than annually thereafter.
    47    3. A temporary health care services agency  shall  maintain  hours  of
    48  operation  at  each  of its locations sufficient to meet the obligations
    49  under its written agreements with health care entities.
    50    4. A temporary health care services agency shall  maintain  a  written
    51  agreement or contract with each health care entity, which shall include,
    52  at a minimum:
    53    (a) The required minimum licensing, training, and continuing education
    54  requirements for each assigned health care personnel.
    55    (b)  Any  requirement  for  minimum  advance notice in order to ensure
    56  prompt arrival of assigned health care personnel.

        A. 3007--B                         118
 
     1    (c) The maximum rates that can be billed or charged by  the  temporary
     2  health  care  services  agency  pursuant  to section twenty-nine hundred
     3  ninety-nine-mm of this article and any applicable regulations.
     4    (d)  The  rates  to  be  charged by the temporary health care services
     5  agency.
     6    (e) Procedures for the  investigation  and  resolution  of  complaints
     7  about  the  performance of temporary health care services agency person-
     8  nel.
     9    (f) Procedures for notice from health  care  entities  of  failure  of
    10  medical personnel to report to assignments and for back-up staff in such
    11  instances.
    12    (g) Procedures for notice of actual or suspected abuse, theft, tamper-
    13  ing or other diversion of controlled substances by medical personnel.
    14    (h)  The  types  and qualifications of health care personnel available
    15  for assignment through the temporary health care services agency.
    16    5. A temporary health care services agency shall submit to the depart-
    17  ment copies of all contracts between the agency and a health care entity
    18  to which it assigns or refers health care personnel, and copies  of  all
    19  invoices  to  health care entities personnel. Executed contracts must be
    20  sent to the department within five business days of their effective date
    21  and are not subject to disclosure under article six of the public  offi-
    22  cers law.
    23    6. The commissioner may make regulations to implement the requirements
    24  of this section.
    25    7.  The commissioner may waive the requirements of this article during
    26  a declared state or federal public health emergency.
    27    § 2999-ll. Violations; penalties. In addition to other remedies avail-
    28  able by law, violations of the provisions of this article and any  regu-
    29  lations  promulgated  thereunder shall be subject to penalties and fines
    30  pursuant to section twelve of this chapter; provided, however, that each
    31  violation committed by each individual employee of  a  temporary  health
    32  care services agency shall be considered a separate violation.
    33    §  2999-mm.  Rates  for  temporary health care services.  1. The total
    34  amount a temporary health care services agency may charge a health  care
    35  facility for any employee, including for all wages and any other fees or
    36  charges  associated with that employee, when converted to an hourly rate
    37  of the employee based on the total hours  worked  for  a  given  period,
    38  shall  not be more than fifteen percent above the hourly rate the agency
    39  pays to a health care professional for that same  period.    The  hourly
    40  rate  paid  by  a temporary health care staffing agency to a health care
    41  professional shall be calculated based on the gross  amount  paid  to  a
    42  health  care  professional  by the temporary health care staffing agency
    43  for services provided in the given period divided  by  the  total  hours
    44  worked for that period.
    45    2.  A  temporary health care services agency shall report quarterly to
    46  the department a full disclosure of charges and compensation,  including
    47  a  schedule  of  all  hourly bill rates per category of employee, a full
    48  description of administrative charges, and a schedule of  rates  of  all
    49  compensation per category of employee, including, but not limited to:
    50    (a) hourly regular pay rate, shift differential, weekend differential,
    51  hazard  pay, charge nurse add-on, overtime, holiday pay, travel or mile-
    52  age pay, and any health or other fringe benefits provided;
    53    (b) the percentage of health  care  entity  dollars  that  the  agency
    54  expended  on  temporary  personnel  wages  and  benefits compared to the
    55  temporary health care services agency's profits and other administrative
    56  costs;

        A. 3007--B                         119
 
     1    (c) a list of the states and zip codes  of  their  employees'  primary
     2  residences;
     3    (d)  the names of all health care entities they have contracted within
     4  New York state;
     5    (e) the number of employees of  the  temporary  health  care  services
     6  agency working at each entity; and
     7    (f) any other information prescribed by the commissioner.
     8    §  2.  This  act  shall take effect immediately and shall be deemed to
     9  have been in full force and effect on and after April 1, 2023.
 
    10                                   PART Y
 
    11    Section 1. This Part enacts into law major components  of  legislation
    12  relating  to  medical  debt  and  drug  prices. Each component is wholly
    13  contained within a Subpart identified  as  Subparts  A  through  D.  The
    14  effective  date  for  each  particular  provision  contained within such
    15  Subpart is set forth in the last section of such Subpart. Any  provision
    16  in  any section contained within a Subpart, including the effective date
    17  of the Subpart, which makes reference to a section "of this  act",  when
    18  used  in  connection  with that particular component, shall be deemed to
    19  mean and refer to the corresponding section of the Subpart in  which  it
    20  is  found.  Section  three of this Part sets forth the general effective
    21  date of this Part.
 
    22                                  SUBPART A
 
    23    Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
    24  tice law and rules, subdivision (f) as amended and  subdivision  (j)  as
    25  added  by chapter 593 of the laws of 2021, subdivision (f) as separately
    26  amended by chapter 831 of the laws of  2021,  are  amended  to  read  as
    27  follows:
    28    (f)  Proof.  On any application for judgment by default, the applicant
    29  shall file proof of service of the  summons  and  the  complaint,  or  a
    30  summons  and  notice  served  pursuant to subdivision (b) of rule 305 or
    31  subdivision (a) of rule 316 of this chapter,  and  proof  of  the  facts
    32  constituting  the  claim,  the default and the amount due, including, if
    33  applicable, a statement that the interest rate for consumer debt  pursu-
    34  ant  to section five thousand four of this chapter applies, by affidavit
    35  made by the party, or where the state of New York is the  plaintiff,  by
    36  affidavit  made  by  an attorney from the office of the attorney general
    37  who has or obtains knowledge of  such  facts  through  review  of  state
    38  records or otherwise. Where a verified complaint has been served, it may
    39  be  used  as  the  affidavit of the facts constituting the claim and the
    40  amount due; in such case, an affidavit as to the default shall  be  made
    41  by  the  party  or  the  party's attorney. In an action arising out of a
    42  consumer credit transaction, if the plaintiff is not the original credi-
    43  tor, the applicant shall include: (1) an affidavit by the original cred-
    44  itor of the facts constituting the debt, the  default  in  payment,  the
    45  sale  or  assignment of the debt, and the amount due at the time of sale
    46  or assignment; (2) for each subsequent assignment or sale of the debt to
    47  another entity, an affidavit of sale of the debt  by  the  debt  seller,
    48  completed  by  the seller or assignor; and (3) an affidavit of a witness
    49  of the plaintiff, which includes a chain of title of the debt, completed
    50  by the plaintiff or plaintiff's  witness.  In  an  action  arising  from
    51  medical  debt, if the plaintiff is not a hospital licensed under article
    52  twenty-eight of the public health law  or  a  health  care  professional

        A. 3007--B                         120

     1  authorized  under  title eight of the education law, the applicant shall
     2  include: (1) an affidavit by the hospital or health care professional of
     3  the facts constituting the medical debt, the  default  in  payment,  the
     4  sale  or  assignment of the medical debt, and the amount due at the time
     5  of sale or assignment; (2) for each subsequent assignment or sale of the
     6  medical debt to another entity, an affidavit of sale of the medical debt
     7  by the debt seller, completed by the seller  or  assignor;  and  (3)  an
     8  affidavit of a witness of the plaintiff, which includes a chain of title
     9  of  the medical debt, completed by the plaintiff or plaintiff's witness.
    10  The chief administrative judge shall issue form  affidavits  to  satisfy
    11  the  requirements  of  this subdivision for consumer credit transactions
    12  and actions arising from medical debt. When jurisdiction is based on  an
    13  attachment  of  property,  the  affidavit  must  state  that an order of
    14  attachment granted in the action has been levied on the property of  the
    15  defendant,  describe  the property and state its value. Proof of mailing
    16  the notice required by subdivision (g) of this section,  where  applica-
    17  ble, shall also be filed.
    18    (j)  Affidavit. A request for a default judgment entered by the clerk,
    19  must be accompanied by an affidavit  by  the  plaintiff  or  plaintiff's
    20  attorney  stating that after reasonable inquiry, he or she has reason to
    21  believe that the statute of  limitations  has  not  expired.  The  chief
    22  administrative judge shall issue form affidavits to satisfy the require-
    23  ments  of  this subdivision for consumer credit transactions and actions
    24  arising from medical debt.
    25    § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
    26  adding a new paragraph (cc) to read as follows:
    27    (cc)  Make available form affidavits required for a motion for default
    28  judgment in an action arising from medical debt as required by  subdivi-
    29  sion (f) of section thirty-two hundred fifteen of the civil practice law
    30  and rules.
    31    § 3. This act shall take effect on the one hundred eightieth day after
    32  it shall have become a law.
 
    33                                  SUBPART B
 
    34                            Intentionally Omitted
 
    35                                  SUBPART C
 
    36    Section  1.  Subdivision 9 of section 2807-k of the public health law,
    37  as amended by section 17 of part B of chapter 60 of the laws of 2014, is
    38  amended to read as follows:
    39    9. In order for a general hospital to participate in the  distribution
    40  of  funds  from  the  pool,  the general hospital must implement minimum
    41  collection policies and procedures approved by the commissioner, utiliz-
    42  ing only a uniform financial assistance form developed and  provided  by
    43  the department.
    44    § 2. This act shall take effect April 1, 2024.
 
    45                                  SUBPART D
 
    46    Section 1.  Legislative findings.  The legislature finds that it is in
    47  the  best  interest  of the people of this state to expand article 77 of
    48  the insurance law to protect insureds and health care providers  against
    49  the  failure or inability of a health or property/casualty insurer writ-
    50  ing health insurance to  perform  its  contractual  obligations  due  to

        A. 3007--B                         121
 
     1  financial  impairment  or  insolvency.   The superintendent of financial
     2  services has the right and responsibility to enforce the  insurance  law
     3  and the authority to seek redress against any person responsible for the
     4  impairment  or  insolvency  of  the  insurer, and nothing in this act is
     5  intended to restrict or limit such right, responsibility, or authority.
     6    § 2.  The article heading of article 77 of the insurance law, as added
     7  by chapter 802 of the laws of 1985, is amended to read as follows:
     8                     THE LIFE AND HEALTH INSURANCE COMPANY
     9                            GUARANTY CORPORATION
    10                               OF NEW YORK ACT
    11    § 3. Section 7701 of the insurance law, as added by chapter 802 of the
    12  laws of 1985, is amended to read as follows:
    13    § 7701. Short title. This article shall be known and may be  cited  as
    14  "The  Life and Health Insurance Company Guaranty Corporation of New York
    15  Act".
    16    § 4.  Section 7702 of the insurance law, as amended by chapter 454  of
    17  the laws of 2014, is amended to read as follows:
    18    §  7702.  Purpose.  The purpose of this article is to provide funds to
    19  protect policy owners, insureds, health care  providers,  beneficiaries,
    20  annuitants,  payees  and  assignees  of  life insurance policies, health
    21  insurance policies, annuity contracts, funding  agreements  and  supple-
    22  mental  contracts  issued  by life insurance companies, health insurance
    23  companies, and property/casualty insurance companies, subject to certain
    24  limitations, against failure in the  performance  of  contractual  obli-
    25  gations  due to the impairment or insolvency of the insurer issuing such
    26  policies, contracts, or funding  agreements.  In  the  judgment  of  the
    27  legislature,  the  foregoing  objects  and purposes not being capable of
    28  accomplishment by a corporation created under general laws, the creation
    29  of a not-for-profit corporation of insurers  is  provided  for  by  this
    30  article  to enable the guarantee of payment of benefits and of continua-
    31  tion of coverages, and members of the corporation are subject to assess-
    32  ment to carry out the purposes of this article.
    33    § 5. Paragraphs 1 and 2 of subsection  (a)  of  section  7703  of  the
    34  insurance  law, as added by chapter 454 of the laws of 2014, are amended
    35  to read as follows:
    36    (1) This article shall apply to direct life insurance policies, health
    37  insurance policies, annuity contracts, funding agreements,  and  supple-
    38  mental  contracts  issued  by a life insurance company, health insurance
    39  company, or property/casualty insurance  company  licensed  to  transact
    40  life  or  health  insurance  or  annuities in this state at the time the
    41  policy, contract, or funding agreement was issued  or  on  the  date  of
    42  entry  of a court order of liquidation or rehabilitation with respect to
    43  such a company that is an impaired or insolvent insurer, as the case may
    44  be.
    45    (2) Except as otherwise provided in this section, this  article  shall
    46  apply  to  the  policies, contracts, and funding agreements specified in
    47  paragraph one of this subsection with regard to a person who is:
    48    (A) an owner or certificate holder under a policy, contract, or  fund-
    49  ing agreement and in each case who:
    50    (i) is a resident of this state; or
    51    (ii)  is  not  a  resident  of  this  state, but only under all of the
    52  following conditions:
    53    (I) the insurer that issued the  policy,  contract,  or  agreement  is
    54  domiciled in this state;
    55    (II)  the  state  or  states in which the person resides has or have a
    56  guaranty entity similar to the corporation created by this article; and

        A. 3007--B                         122
 
     1    (III) the person is not eligible for coverage by a guaranty entity  in
     2  any  other  state  because the insurer was not licensed or authorized in
     3  that state at the time specified in that state's  guaranty  entity  law;
     4  [or]
     5    (B)  the  beneficiary,  assignee,  or payee of the person specified in
     6  subparagraph (A) of this  paragraph,  regardless  of  where  the  person
     7  resides; or
     8    (C)  a  health  care  provider  that has rendered services to a person
     9  specified in subparagraph (A) of this paragraph.
    10    § 6. Subsections (c), (d), (e), (h) and (i) of  section  7705  of  the
    11  insurance  law,  subsections (c), (e) and (i) as added by chapter 802 of
    12  the laws of 1985 and subsections (d) and (h) as amended by  chapter  454
    13  of  the  laws  of 2014, are amended and a new subsection (m) is added to
    14  read as follows:
    15    (c) "Corporation" means The Life and Health Insurance Company Guaranty
    16  Corporation of New York  created  under  section  seven  thousand  seven
    17  hundred six of this article unless the context otherwise requires.
    18    (d) "Covered  policy" means any of the kinds of insurance specified in
    19  paragraph one, two or three of subsection (a) of  section  one  thousand
    20  one  hundred thirteen of this chapter, any supplemental contract, or any
    21  funding agreement referred to in  section  three  thousand  two  hundred
    22  twenty-two  of  this chapter, or any portion or part thereof, within the
    23  scope of this article under section seven thousand seven  hundred  three
    24  of  this  article,  except  that any certificate issued to an individual
    25  under any group or blanket policy or contract shall be considered to  be
    26  a  separate  covered policy for purposes of section seven thousand seven
    27  hundred eight of this article.
    28    (e) "Health insurance" means the kinds of  insurance  specified  under
    29  items  (i)  and  (ii)  of  paragraph  three  and paragraph thirty-one of
    30  subsection (a) of section one thousand  one  hundred  thirteen  of  this
    31  chapter, and section one thousand one hundred seventeen of this chapter;
    32  medical  expense  indemnity, dental expense indemnity, hospital service,
    33  or health service under article forty-three of this chapter; and compre-
    34  hensive health services under article forty-four of  the  public  health
    35  law.   "Health insurance" shall not include hospital, medical, surgical,
    36  prescription drug, or other health care benefits pursuant to:  (1)  part
    37  C  of  title  XVIII  of the social security act (42 U.S.C. § 1395w-21 et
    38  seq.) or part D of title XVIII of the social security act (42  U.S.C.  §
    39  1395w-101  et  seq.),  commonly  known as Medicare parts C and D, or any
    40  regulations promulgated thereunder; (2) titles XIX and XXI of the social
    41  security act (42 U.S.C.  § 1396 et seq.), commonly known as the Medicaid
    42  and child health insurance  programs,  or  any  regulations  promulgated
    43  thereunder;  or (3) the basic health program under section three hundred
    44  sixty-nine-gg of the social services law.
    45    (h)  (1) "Member insurer" means:
    46    (A) any life insurance company licensed to transact in this state  any
    47  kind  of  insurance  to  which  this article applies under section seven
    48  thousand seven hundred three of this article;  provided,  however,  that
    49  the term "member insurer" also means any life insurance company formerly
    50  licensed  to  transact in this state any kind of insurance to which this
    51  article applies under section seven thousand seven hundred three of this
    52  article; and
    53    (B) an insurer licensed or formerly licensed  to  write  accident  and
    54  health  insurance  or  salary protection insurance in this state, corpo-
    55  ration organized pursuant to article forty-three of this chapter, recip-
    56  rocal insurer organized pursuant to article sixty-one of  this  chapter,

        A. 3007--B                         123
 
     1  cooperative  property/casualty  insurance  company  operating  under  or
     2  subject   to   article   sixty-six   of    this    chapter,    nonprofit
     3  property/casualty   insurance  company  organized  pursuant  to  article
     4  sixty-seven  of this chapter, and health maintenance organization certi-
     5  fied pursuant to article forty-four of the public health law.
     6    (2) "Member insurer" shall not include a municipal cooperative  health
     7  benefit  plan  established pursuant to article forty-seven of this chap-
     8  ter, an employee welfare fund registered  under  article  forty-four  of
     9  this  chapter,  a  fraternal  benefit  society  organized  under article
    10  forty-five of this chapter, an institution of higher  education  with  a
    11  certificate  of authority under section one thousand one hundred twenty-
    12  four of this chapter, or a continuing care retirement community  with  a
    13  certificate  of  authority under article forty-six or forty-six-A of the
    14  public health law.
    15    (i) "Premiums" means direct gross insurance premiums and  annuity  and
    16  funding  agreement  considerations  received  on  covered policies, less
    17  return premiums and considerations thereon and dividends paid or credit-
    18  ed to policyholders or contract holders on such direct business, subject
    19  to such modifications as the superintendent may establish by  regulation
    20  or order as necessary to facilitate the equitable administration of this
    21  article.    Premiums  do  not  include  premiums  and  considerations on
    22  contracts between insurers and reinsurers. For the purposes of determin-
    23  ing the assessment for an insurer under this article, the  term  "premi-
    24  ums",  with  respect to a group annuity contract (or portion of any such
    25  contract) that does not guarantee annuity benefits to any specific indi-
    26  vidual identified in the contract and with respect to any funding agree-
    27  ment issued to fund benefits under any employee benefit plan, means  the
    28  lesser  of  one  million  dollars  or  the  premium attributable to that
    29  portion of such group contract that does not guarantee benefits  to  any
    30  specific  individuals  or  such  agreements that fund benefits under any
    31  employee benefit plan.
    32    (m) "Long-term care insurance" means an insurance  policy,  rider,  or
    33  certificate advertised, marketed, offered, or designed to provide cover-
    34  age,  subject to eligibility requirements, for not less than twenty-four
    35  consecutive months for each  covered  person  on  an  expense  incurred,
    36  indemnity, prepaid or other basis and provides at least the benefits set
    37  forth  in  part fifty-two of title eleven of the official compilation of
    38  codes, rules and regulations of this state.
    39    § 7.  Subsection (a) of section 7706 of the insurance law, as added by
    40  chapter 802 of the laws of 1985, is amended to read as follows:
    41    (a) There is created a not-for-profit corporation to be known as  "The
    42  Life  and Health Insurance Company Guaranty Corporation of New York". To
    43  the extent that the provisions of the not-for-profit corporation law  do
    44  not  conflict  with the provisions of this article or the plan of opera-
    45  tion of the corporation hereunder  the  not-for-profit  corporation  law
    46  shall  apply  to  the  corporation and the corporation shall be a type C
    47  corporation pursuant to the not-for-profit corporation law. If an appli-
    48  cable provision of this article or the plan of operation of  the  corpo-
    49  ration  hereunder  relates  to  a  matter embraced in a provision of the
    50  not-for-profit corporation law but is not in  conflict  therewith,  both
    51  provisions  shall apply. All member insurers shall be and remain members
    52  of the corporation as a condition of their authority to transact  insur-
    53  ance  in  this  state. The corporation shall perform its functions under
    54  the plan of operation established and approved under section seven thou-
    55  sand seven hundred ten of this article and  shall  exercise  its  powers
    56  through  a  board  of directors established under section seven thousand

        A. 3007--B                         124
 
     1  seven hundred seven of this article. For purposes of administration  and
     2  assessment the corporation shall maintain two accounts:
     3    (1) the health insurance account; and
     4    (2) the life insurance, annuity and funding agreement account.
     5    §  8. Subsection (d) of section 7707 of the insurance law, as added by
     6  chapter 802 of the laws of 1985, is amended to read as follows:
     7    (d) The superintendent shall be ex-officio  [chairman]  chair  of  the
     8  board of directors but shall not be entitled to vote.
     9    §  9.  Paragraph  7 of subsection (h) of section 7708 of the insurance
    10  law, as amended by chapter 454 of the laws of 2014, is amended  to  read
    11  as follows:
    12    (7)  exercise,  for  the  purposes  of  this article and to the extent
    13  approved by the superintendent, the powers of a domestic  life,  health,
    14  or  property/casualty  insurance  company, but in no case may the corpo-
    15  ration issue insurance policies or contracts or annuity contracts  other
    16  than those issued to perform the contractual obligations of the impaired
    17  or insolvent insurer;
    18    § 10. Paragraph 2 of subsection (c) and subsection (g) of section 7709
    19  of  the  insurance law, as added by chapter 802 of the laws of 1985, are
    20  amended to read as follows:
    21    (2) The amount of any class  B  or  class  C  assessment,  except  for
    22  assessments  related to long-term care insurance, shall be allocated for
    23  assessment purposes among the accounts in the proportion that the premi-
    24  ums received by the impaired or insolvent insurer  on  the  policies  or
    25  contracts  covered  by each account for the last calendar year preceding
    26  the assessment in which  the  impaired  or  insolvent  insurer  received
    27  premiums  bears to the premiums received by such insurer for such calen-
    28  dar year on all covered policies. The amount of any class B or  class  C
    29  assessment  for  long-term  care  insurance  written  by the impaired or
    30  insolvent insurer shall be allocated according to a methodology included
    31  in the plan of operation and approved by the superintendent. The method-
    32  ology shall provide for fifty percent of the assessment to be  allocated
    33  to    health  insurance  company member insurers and fifty percent to be
    34  allocated to life insurance company member insurers; provided,  however,
    35  that  a  property/casualty insurer that writes health insurance shall be
    36  considered a health insurance company member for this purpose.  Class  B
    37  and  class  C assessments against member insurers for each account shall
    38  be in the proportion that the premiums  received  on  business  in  this
    39  state  by  each  assessed  member  insurer  on  policies covered by each
    40  account for the three calendar years preceding the assessment  bears  to
    41  such premiums received on business in this state for such calendar years
    42  by all assessed member insurers.
    43    (g)  [It shall be proper for any member insurer, in determining its] A
    44  member insurer shall not recoup assessments   paid  to  the  corporation
    45  under  this article by passing on costs to its policyholders. This shall
    46  include, but is not limited to, increasing premium rates [and], increas-
    47  ing cost-sharing requirements of policyholders, imposing  surcharges  on
    48  premiums,  reducing  coverage,  or decreasing the policy owner dividends
    49  [as to any kind of insurance  within  the  scope  of  this  article,  to
    50  consider  the  amount  reasonably necessary to meet its assessment obli-
    51  gations under this article with respect to insurers  which  have  become
    52  impaired or insolvent] of any covered policy. A member insurer may alter
    53  the  premium  rates, cost-sharing requirements, or policy owner dividend
    54  or change the terms or benefits of  any  covered  policy  due  to  other
    55  factors that are not prohibited by this subsection.

        A. 3007--B                         125
 
     1    §  11.   Subsection (a) of section 7712 of the insurance law, as added
     2  by chapter 802 of the laws of 1985, is amended to read as follows:
     3    (a) The superintendent shall annually, within six months following the
     4  close of each calendar year, furnish to the commissioner of taxation and
     5  finance  and  the  director of the division of the budget a statement of
     6  operations for the life insurance guaranty corporation and the life  and
     7  health  insurance  company guaranty corporation of New York. Such state-
     8  ment shall show the assessments,  less  any  refunds  or  reimbursements
     9  thereof,  paid  by  each insurance company pursuant to the provisions of
    10  article seventy-five or section seven thousand  seven  hundred  nine  of
    11  this article, for the purposes of meeting the requirements of this chap-
    12  ter.  Each  statement, starting with the statement furnished in the year
    13  nineteen hundred eighty-six and ending with the statement  furnished  in
    14  the  year  two  thousand,  shall show the annual activity for every year
    15  commencing from nineteen hundred eighty-five through the  most  recently
    16  completed year. Each statement furnished in each year after the year two
    17  thousand  shall  reflect  such  assessments  paid  during  the preceding
    18  fifteen calendar years. The superintendent shall also furnish a copy  of
    19  such statement to each such insurance company.
    20    §  12.   Subsections (a), (d) and (g) of section 7719 of the insurance
    21  law, as added by chapter 454 of the laws of 2014, are amended to read as
    22  follows:
    23    (a) The corporation may incorporate one or more not-for-profit  corpo-
    24  rations,  known  as a resolution facility, in connection with the liqui-
    25  dation of an insolvent domestic life insurance company, health insurance
    26  company, or property/casualty insurance company under  article  seventy-
    27  four  of  this chapter for the purpose of administering and disposing of
    28  the business of the insolvent [domestic life] insurance company.
    29    (d) A resolution facility may:
    30    (1) guarantee,  assume,  or  reinsure,  or  cause  to  be  guaranteed,
    31  assumed,  or reinsured, the covered policies, or arrange for replacement
    32  by policies found by the superintendent to be substantially  similar  to
    33  the covered policies;
    34    (2)  exercise,  for  the  purposes  of  this article and to the extent
    35  approved by the superintendent, the powers of a domestic life  insurance
    36  company, health insurance company, or property/casualty insurance compa-
    37  ny  but in no case may the resolution facility issue insurance policies,
    38  annuity contracts, funding agreements, or supplemental  contracts  other
    39  than those issued to perform the contractual obligations of the impaired
    40  or insolvent insurer;
    41    (3)  assure  payment  of  the contractual obligations of the insolvent
    42  insurer; and
    43    (4) provide such moneys, pledges, notes, guarantees, or other means as
    44  are reasonably necessary to discharge its duties.
    45    (g) (1) If the superintendent determines that the resolution  facility
    46  is  not  administering  and  disposing  of  the business of an insolvent
    47  domestic  life  insurance  company,   health   insurance   company,   or
    48  property/casualty  insurance  company  consistent  with  the  resolution
    49  facility's certificate of incorporation,  plan  of  operation,  or  this
    50  section,  then the superintendent shall provide notice to the resolution
    51  facility and the resolution facility shall have thirty days  to  respond
    52  to the superintendent and cure the defect.
    53    (2)  If,  after  thirty  days, the superintendent continues to believe
    54  that the resolution facility is not administering and disposing  of  the
    55  business  of an insolvent domestic life insurance company, health insur-
    56  ance company, or property/casualty insurance company consistent with the

        A. 3007--B                         126
 
     1  resolution facility's certificate of incorporation, plan  of  operation,
     2  or  this  section, then the superintendent may apply to the court for an
     3  order directing the resolution facility to correct the  defect  or  take
     4  other appropriate actions.
     5    §  13.  The  insurance  law is amended by adding a new section 7720 to
     6  read as follows:
     7    § 7720. Penalties. (a) If any member insurer fails to make any payment
     8  required by this article, or if the superintendent has cause to  believe
     9  that any other statement filed is false or inaccurate in any particular,
    10  or  that  any  payment made is incorrect, the superintendent may examine
    11  all the books and records of the member insurer to ascertain  the  facts
    12  and  determine the correct amount to be paid. Based on such finding, the
    13  corporation may proceed  in  any  court  of  competent  jurisdiction  to
    14  recover  for  the benefit of the fund any sums shown to be due upon such
    15  examination and determination.
    16    (b) Any member insurer that fails to make any such required statement,
    17  or to make any payment to the fund when due, shall forfeit to the corpo-
    18  ration for deposit in the fund a penalty of five percent of  the  amount
    19  determined  to  be due plus one percent of such amount for each month of
    20  delay, or fraction thereof, after the expiration of the first  month  of
    21  such  delay.  If satisfied that the delay was excusable, the corporation
    22  may remit all or any part of the penalty.
    23    (c) The superintendent, in the superintendent's discretion, may revoke
    24  the certificate of authority to do business in this state of any foreign
    25  member insurer that fails to comply with this  article  or  to  pay  any
    26  penalty imposed hereunder.
    27    §  14.  The  insurance  law is amended by adding a new section 3245 to
    28  read as follows:
    29    § 3245. Liability to providers in the event of an insolvency.  In  the
    30  event  an  insurance  company  authorized  to  do an accident and health
    31  insurance business in this state is deemed  insolvent,  as  provided  in
    32  section  one  thousand  three  hundred  nine of this chapter, no insured
    33  covered under a policy delivered or issued for delivery in this state by
    34  the insurance company shall be liable to any  provider  of  health  care
    35  services for any covered services of the insolvent insurance company. No
    36  provider  of health care services or any representative of such provider
    37  shall collect or attempt to collect from the insured sums owed  by  such
    38  insurance  company,  and  no provider or representative of such provider
    39  may maintain any action at law against an insured to collect  sums  owed
    40  to such provider by such insurance company.
    41    §  14-a.  Subparagraph (A) of paragraph 1 of subsection (e) of section
    42  3231 of the insurance law, as amended by chapter 107 of the laws of 2010
    43  and as further amended by section 104 of part A of  chapter  62  of  the
    44  laws of 2011, is amended to read as follows:
    45    (A) An insurer desiring to increase or decrease premiums for any poli-
    46  cy  form  subject to this section shall submit a rate filing or applica-
    47  tion to the superintendent.
    48    An insurer shall send written notice of the proposed rate  adjustment,
    49  including  the  specific  change  requested,  to  each policy holder and
    50  certificate holder affected by the adjustment on or before the date  the
    51  rate  filing  or  application  is  submitted  to the superintendent. The
    52  notice shall prominently include mailing and website addresses for  both
    53  the  department  of  financial  services and the insurer through which a
    54  person may, within thirty days from the date the rate filing or applica-
    55  tion is submitted to  the  superintendent,  contact  the  department  of
    56  financial  services  or  insurer to receive additional information or to

        A. 3007--B                         127
 
     1  submit written comments to the department of financial services  on  the
     2  rate filing or application. The superintendent shall establish a process
     3  to  post  on  the department's website, in a timely manner, all relevant
     4  written  comments  received  pertaining to rate filings or applications.
     5  The insurer shall provide a copy of the  notice  to  the  superintendent
     6  with the rate filing or application. The superintendent shall immediate-
     7  ly  cause  the  notice  to  be  posted  on  the  department of financial
     8  services' website. The superintendent shall determine whether the filing
     9  or application shall become effective as filed, shall  become  effective
    10  as  modified,  or shall be disapproved. The superintendent may modify or
    11  disapprove the rate filing or application if  the  superintendent  finds
    12  that the premiums are unreasonable, excessive, inadequate, [or] unfairly
    13  discriminatory,  [and]  or  violates the provisions of subsection (g) of
    14  section seven thousand seven hundred nine of this  chapter.  The  super-
    15  intendent  may  consider  the  financial  condition  of the insurer when
    16  approving, modifying or disapproving any premium adjustment. The  deter-
    17  mination  of  the  superintendent  shall be supported by sound actuarial
    18  assumptions and methods, and shall be rendered in writing between thirty
    19  and sixty days from the date the rate filing or application is submitted
    20  to the superintendent.  Should  the  superintendent  require  additional
    21  information  from  the  insurer  in  order  to make a determination, the
    22  superintendent shall require the insurer to  furnish  such  information,
    23  and in such event, the sixty days shall be tolled and shall resume as of
    24  the date the insurer furnishes the information to the superintendent. If
    25  the  superintendent  requests  additional information less than ten days
    26  from the expiration of the sixty days (exclusive of tolling), the super-
    27  intendent may extend the sixty day period an additional twenty  days  to
    28  make  a  determination.  The  application  or rate filing will be deemed
    29  approved if a determination is not rendered  within  the  time  allotted
    30  under  this  section.  An  insurer shall not implement a rate adjustment
    31  unless the insurer provides at least sixty days advance  written  notice
    32  of  the  premium  rate adjustment approved by the superintendent to each
    33  policy holder and certificate holder affected by the rate adjustment.
    34    § 14-b. Paragraph 2 of subsection (c) of section 4308 of the insurance
    35  law, as amended by chapter 107 of  the  laws  of  2010  and  as  further
    36  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
    37  amended to read as follows:
    38    (2) A corporation desiring to increase or decrease  premiums  for  any
    39  contract subject to this subsection shall submit a rate filing or appli-
    40  cation to the superintendent. A corporation shall send written notice of
    41  the  proposed  rate adjustment, including the specific change requested,
    42  to each contract holder and subscriber affected by the adjustment on  or
    43  before  the  date  the  rate  filing  or application is submitted to the
    44  superintendent. The notice shall prominently include mailing and website
    45  addresses for both the department of financial services and  the  corpo-
    46  ration  through which a person may, within thirty days from the date the
    47  rate filing or application is submitted to the  superintendent,  contact
    48  the  department  of  financial  services or corporation to receive addi-
    49  tional information or to submit written comments to  the  department  of
    50  financial services on the rate filing or application. The superintendent
    51  shall  establish  a  process  to  post on the department's website, in a
    52  timely manner, all relevant written comments received pertaining to rate
    53  filings or applications. The corporation shall provide  a  copy  of  the
    54  notice  to  the  superintendent with the rate filing or application. The
    55  superintendent shall immediately cause the notice to be  posted  on  the
    56  department  of  financial  services'  website.  The superintendent shall

        A. 3007--B                         128
 
     1  determine whether the filing or application shall  become  effective  as
     2  filed,  shall become effective as modified, or shall be disapproved. The
     3  superintendent may modify or disapprove the rate filing  or  application
     4  if  the  superintendent finds that the premiums are unreasonable, exces-
     5  sive, inadequate, [or] unfairly discriminatory, [and]  or  violates  the
     6  provisions  of  subsection  (g)  of section seven thousand seven hundred
     7  nine of this chapter. The  superintendent  may  consider  the  financial
     8  condition of the corporation in approving, modifying or disapproving any
     9  premium  adjustment.  The  determination  of the superintendent shall be
    10  supported by sound actuarial  assumptions  and  methods,  and  shall  be
    11  rendered in writing between thirty and sixty days from the date the rate
    12  filing  or  application  is  submitted to the superintendent. Should the
    13  superintendent require additional information from  the  corporation  in
    14  order  to  make  a  determination,  the superintendent shall require the
    15  corporation to furnish such information, and in such  event,  the  sixty
    16  days  shall  be  tolled  and shall resume as of the date the corporation
    17  furnishes the information to the superintendent. If  the  superintendent
    18  requests  additional  information less than ten days from the expiration
    19  of the sixty days (exclusive of tolling), the superintendent may  extend
    20  the sixty day period an additional twenty days, to make a determination.
    21  The  application  or  rate  filing will be deemed approved if a determi-
    22  nation is not rendered within the time allotted under  this  section.  A
    23  corporation shall not implement a rate adjustment unless the corporation
    24  provides  at least sixty days advance written notice of the premium rate
    25  adjustment approved by the superintendent to each  contract  holder  and
    26  subscriber affected by the rate adjustment.
    27    §  15. This act shall take effect immediately, provided, however, that
    28  the amendments made by this act shall not apply  to  the  estate  of  an
    29  insurer  for which a court entered a final order of liquidation prior to
    30  the effective date of this act.
    31    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    32  sion, section or part of this act shall be  adjudged  by  any  court  of
    33  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    34  impair, or invalidate the remainder thereof, but shall  be  confined  in
    35  its  operation  to the clause, sentence, paragraph, subdivision, section
    36  or part thereof directly involved in the controversy in which such judg-
    37  ment shall have been rendered. It is hereby declared to be the intent of
    38  the legislature that this act would  have  been  enacted  even  if  such
    39  invalid provisions had not been included herein.
    40    §  3.  This act shall take effect immediately; provided, however, that
    41  the applicable effective date of Subparts A through D of this act  shall
    42  be as specifically set forth in the last section of such Subparts.
 
    43                                   PART Z
 
    44                            Intentionally Omitted
 
    45                                   PART AA
 
    46    Section 1. Intentionally omitted.
    47    § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
    48  added  by  chapter  425  of  the  laws  of  2013, are amended to read as
    49  follows:
    50    1. Every individual  [born  between  the  years  of  nineteen  hundred
    51  forty-five  and  nineteen hundred sixty-five] age eighteen and older (or

        A. 3007--B                         129
 
     1  younger than eighteen if there is evidence or indication of risk  activ-
     2  ity)  who  receives  health services as an inpatient or in the emergency
     3  department of a general hospital defined in subdivision ten  of  section
     4  twenty-eight  hundred  one  of this chapter or who receives primary care
     5  services in an outpatient department of such hospital or in a diagnostic
     6  and treatment center licensed under article twenty-eight of this chapter
     7  or from a physician, physician assistant  [or],  nurse  practitioner  or
     8  midwife  providing primary care shall be offered a hepatitis C screening
     9  test [or hepatitis C diagnostic test] unless the health care practition-
    10  er providing such services reasonably believes that:
    11    (a) the individual is being treated for a life threatening  emergency;
    12  or
    13    (b) the individual has previously been offered or has been the subject
    14  of  a hepatitis C screening test (except that a test shall be offered if
    15  otherwise indicated); or
    16    (c) the individual lacks capacity to consent to a hepatitis C  screen-
    17  ing test.
    18    2.  If an individual accepts the offer of a hepatitis C screening test
    19  and the screening test is reactive,  [the]  an  HCV  RNA  test  must  be
    20  performed,  on  the  same specimen or a second specimen collected at the
    21  same time as the initial HCV screening test specimen, to confirm diagno-
    22  sis of current infection. The health care provider  shall  either  offer
    23  [the  individual]  all  persons with a detectable HCV RNA test follow-up
    24  HCV health care and treatment or refer the individual to a  health  care
    25  provider  who can provide follow-up HCV health care and treatment.  [The
    26  follow-up health care shall include a hepatitis C diagnostic test.]
    27    § 3. The public health law is amended by adding a new  section  2500-l
    28  to read as follows:
    29    §  2500-l.  Pregnant  people,  blood test for hepatitis C virus (HCV);
    30  follow-up care.   1. Every physician or  other  authorized  practitioner
    31  attending a pregnant person in the state shall order a hepatitis C virus
    32  (HCV)  screening  test and if the test is reactive, an HCV RNA test must
    33  be performed on the same specimen, or a second specimen collected at the
    34  same time as the initial HCV screening test specimen, to confirm diagno-
    35  sis of current infection. The health care provider  shall  either  offer
    36  all persons with a detectable HCV RNA test follow-up HCV health care and
    37  treatment  or  refer  the  individual  to a health care provider who can
    38  provide follow-up HCV health care and treatment.
    39    2. The physician or other authorized practitioner attending a pregnant
    40  person shall record the HCV test results  prominently  in  the  pregnant
    41  person's  medical record at or before the time of hospital admission for
    42  delivery.
    43    3. The commissioner may promulgate such rules and regulations  as  are
    44  necessary to carry out the requirements of this section.
    45    §  4. The section heading of section 2308 of the public health law, as
    46  amended by section 37 of part E of chapter 56 of the laws  of  2013,  is
    47  amended to read as follows:
    48    Sexually transmitted disease; pregnant [women] persons; blood test for
    49  syphilis.
    50    § 5. Subdivision 1 of section 2308 of the public health law is amended
    51  to read as follows:
    52    1. Every physician or other authorized practitioner attending pregnant
    53  [women]  persons  in the state shall in the case of every [woman] person
    54  so attended take or cause to be taken a sample of blood of such  [woman]
    55  person  at  the  time of first examination, and submit such sample to an
    56  approved laboratory for a standard serological test for  syphilis.    In

        A. 3007--B                         130
 
     1  addition  to testing at the time of first examination, every such physi-
     2  cian or other authorized practitioner shall order a syphilis test during
     3  the third trimester of pregnancy consistent with any guidance and  regu-
     4  lations issued by the commissioner.
     5    §  6.  This  act shall take effect immediately; provided, however that
     6  sections two, three, four and five shall take effect one year  after  it
     7  shall have become a law; provided further the amendments to subdivisions
     8  1  and 2 of section 2171 of the public health law made by section two of
     9  this act shall not affect the repeal of such section and shall be deemed
    10  repealed therewith.   Effective  immediately,  the  addition,  amendment
    11  and/or repeal of any rule or regulation necessary for the implementation
    12  of  this  act  on  its  effective  date  are  authorized  to be made and
    13  completed on or before such effective date.
 
    14                                   PART BB
 
    15                            Intentionally Omitted
 
    16                                   PART CC
 
    17                            Intentionally Omitted
 
    18                                   PART DD
 
    19    Section 1. 1. Subject to available appropriations and approval of  the
    20  director  of  the  budget,  the  commissioners  of  the office of mental
    21  health, office for people with  developmental  disabilities,  office  of
    22  addiction  services  and  supports,  office  of temporary and disability
    23  assistance, office of children and family services, and the state office
    24  for the aging shall establish a state fiscal year 2023-24 cost of living
    25  adjustment (COLA), effective April  1,  2023,  for  projecting  for  the
    26  effects  of  inflation  upon  rates of payments, contracts, or any other
    27  form of reimbursement for the programs and services listed in paragraphs
    28  (i), (ii), (iii), (iv), (v),  and  (vi)  of  subdivision  four  of  this
    29  section.   The COLA established herein shall be applied to the appropri-
    30  ate portion of reimbursable costs or contract amounts.  Where  appropri-
    31  ate,  transfers  to  the  department  of  health  (DOH) shall be made as
    32  reimbursement for the state share of medical assistance.
    33    2. Notwithstanding any inconsistent provision of law, subject  to  the
    34  approval  of  the  director  of  the budget and available appropriations
    35  therefore, for the period of April 1, 2023 through March 31,  2024,  the
    36  commissioners  shall  provide funding to support a eight and five-tenths
    37  percent (8.5%) cost of living adjustment  under  this  section  for  all
    38  eligible  programs  and  services  as determined pursuant to subdivision
    39  four of this section.
    40    3. Notwithstanding any inconsistent provision of law, and as  approved
    41  by the director of the budget, the 8.5 percent cost of living adjustment
    42  (COLA) established herein shall be inclusive of all other cost of living
    43  type  increases,  inflation  factors,  or  trend  factors that are newly
    44  applied effective April 1, 2023.   Except for the 8.5  percent  cost  of
    45  living  adjustment  (COLA) established herein, for the period commencing
    46  on April 1, 2023 and ending March 31, 2024 the commissioners  shall  not
    47  apply any other new cost of living adjustments for the purpose of estab-
    48  lishing rates of payments, contracts or any other form of reimbursement.

        A. 3007--B                         131
 
     1  The  phrase "all other cost of living type increases, inflation factors,
     2  or trend factors" as defined  in  this  subdivision  shall  not  include
     3  payments  made pursuant to the American Rescue Plan Act or other federal
     4  relief  programs  related  to  the  Coronavirus  Disease 2019 (COVID-19)
     5  pandemic Public Health Emergency.   This subdivision shall  not  prevent
     6  the  office  of  children  and  family services from applying additional
     7  trend factors or  staff  retention  factors  to  eligible  programs  and
     8  services under paragraph (v) of subdivision four of this section.
     9    4.  Eligible  programs and services. (i) Programs and services funded,
    10  licensed, or certified by the office of mental health (OMH) eligible for
    11  the cost  of  living  adjustment  established  herein,  pending  federal
    12  approval  where  applicable,  include:  office of mental health licensed
    13  outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
    14  the office of mental health regulations including clinic, continuing day
    15  treatment, day treatment,  intensive  outpatient  programs  and  partial
    16  hospitalization;   outreach;  crisis  residence;  crisis  stabilization,
    17  crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
    18  emergency  program  services;  crisis  intervention;  home  based crisis
    19  intervention; family care; supported single  room  occupancy;  supported
    20  housing;  supported  housing  community  services; treatment congregate;
    21  supported  congregate;  community  residence  -  children   and   youth;
    22  treatment/apartment;  supported  apartment;  community  residence single
    23  room occupancy; on-site rehabilitation; employment programs; recreation;
    24  respite care; transportation;  psychosocial  club;  assertive  community
    25  treatment;  case  management;  care  coordination, including health home
    26  plus services; local  government  unit  administration;  monitoring  and
    27  evaluation;  children  and  youth  vocational  services; single point of
    28  access; school-based mental health program; family support children  and
    29  youth;  advocacy/support  services;  drop  in centers; recovery centers;
    30  transition management services; bridger; home and community based waiver
    31  services; behavioral health waiver services authorized pursuant  to  the
    32  section  1115  MRT waiver; self-help programs; consumer service dollars;
    33  conference of local mental hygiene directors; multicultural  initiative;
    34  ongoing  integrated  supported employment services; supported education;
    35  mentally  ill/chemical  abuse  (MICA)  network;  personalized   recovery
    36  oriented  services;  children and family treatment and support services;
    37  residential treatment facilities operating pursuant to part 584 of title
    38  14-NYCRR;  geriatric  demonstration  programs;  community-based   mental
    39  health  family  treatment  and  support;  coordinated children's service
    40  initiative; homeless services; and promises zone.
    41    (ii) Programs and services  funded,  licensed,  or  certified  by  the
    42  office  for  people with developmental disabilities (OPWDD) eligible for
    43  the cost  of  living  adjustment  established  herein,  pending  federal
    44  approval  where applicable, include: local/unified services; chapter 620
    45  services; voluntary operated community residential services; article  16
    46  clinics;  day  treatment  services;  family  support  services; 100% day
    47  training; epilepsy services; traumatic brain injury services;  hepatitis
    48  B  services;  independent  practitioner  services  for  individuals with
    49  intellectual and/or  developmental  disabilities;  crisis  services  for
    50  individuals  with intellectual and/or developmental disabilities; family
    51  care  residential  habilitation;  supervised  residential  habilitation;
    52  supportive residential habilitation; respite; day habilitation; prevoca-
    53  tional  services; supported employment; community habilitation; interme-
    54  diate care facility day and residential  services;  specialty  hospital;
    55  pathways  to  employment;  intensive behavioral services; basic home and
    56  community based services  (HCBS)  plan  support;  health  home  services

        A. 3007--B                         132
 
     1  provided   by  care  coordination  organizations;  community  transition
     2  services; family education and training;  fiscal  intermediary;  support
     3  broker; and personal resource accounts.
     4    (iii)  Programs  and  services  funded,  licensed, or certified by the
     5  office of addiction services and supports (OASAS) eligible for the  cost
     6  of  living adjustment established herein, pending federal approval where
     7  applicable, include: medically supervised withdrawal services - residen-
     8  tial; medically supervised withdrawal services -  outpatient;  medically
     9  managed  detoxification; medically monitored withdrawal; inpatient reha-
    10  bilitation services; outpatient  opioid  treatment;  residential  opioid
    11  treatment; KEEP units outpatient; residential opioid treatment to absti-
    12  nence;  problem  gambling  treatment;  medically  supervised outpatient;
    13  outpatient  rehabilitation;   specialized   services   substance   abuse
    14  programs;  home and community based waiver services pursuant to subdivi-
    15  sion 9 of section 366 of the social services law;  children  and  family
    16  treatment and support services; continuum of care rental assistance case
    17  management;  NY/NY  III  post-treatment  housing;  NY/NY III housing for
    18  persons at risk for homelessness;  permanent  supported  housing;  youth
    19  clubhouse;  recovery  community  centers;  recovery community organizing
    20  initiative; residential rehabilitation services for youth (RRSY); inten-
    21  sive residential; community residential; supportive living;  residential
    22  services;  job  placement  initiative;  case  management; family support
    23  navigator; local government unit administration; peer engagement;  voca-
    24  tional   rehabilitation;   support   services;  HIV  early  intervention
    25  services; dual diagnosis coordinator; problem gambling resource centers;
    26  problem  gambling  prevention;  prevention  resource  centers;   primary
    27  prevention services; other prevention services; and community services.
    28    (iv)  Programs  and  services  funded,  licensed,  or certified by the
    29  office of temporary and disability assistance (OTDA)  eligible  for  the
    30  cost  of  living adjustment established herein, pending federal approval
    31  where applicable, include:  nutrition  outreach  and  education  program
    32  (NOEP).
    33    (v) Programs and services funded, licensed, or certified by the office
    34  of  children  and family services (OCFS) eligible for the cost of living
    35  adjustment established herein, pending federal approval  where  applica-
    36  ble,  include:  programs  for  which  the  office of children and family
    37  services establishes maximum state aid rates pursuant to  section  398-a
    38  of  the social services law and section 4003 of the education law; emer-
    39  gency foster homes; foster family boarding homes and therapeutic  foster
    40  homes;  supervised  settings  as  defined  by  subdivision twenty-two of
    41  section 371 of the  social  services  law;  adoptive  parents  receiving
    42  adoption subsidy pursuant to section 453 of the social services law; and
    43  congregate  and  scattered  supportive  housing  programs and supportive
    44  services provided under the NY/NY III supportive  housing  agreement  to
    45  young adults leaving or having recently left foster care.
    46    (vi) Programs and services funded, licensed, or certified by the state
    47  office  for  the aging (SOFA) eligible for the cost of living adjustment
    48  established herein, pending federal approval where applicable,  include:
    49  community  services  for  the elderly; expanded in-home services for the
    50  elderly; and supplemental nutrition assistance program.
    51    5. Each local government unit or direct  contract  provider  receiving
    52  funding  for  the  cost  of  living  adjustment established herein shall
    53  submit a written certification, in such form and at such  time  as  each
    54  commissioner  shall prescribe, attesting how such funding will be or was
    55  used to first promote the recruitment  and  retention  of  non-executive
    56  direct  care staff, non-executive direct support professionals, non-exe-

        A. 3007--B                         133
 
     1  cutive clinical staff, or respond to other critical non-personal service
     2  costs prior to supporting any salary increases or other compensation for
     3  executive level job titles.
     4    6.  Notwithstanding any inconsistent provision of law to the contrary,
     5  agency commissioners shall be authorized to recoup funding from a  local
     6  governmental  unit  or  direct  contract provider for the cost of living
     7  adjustment established herein determined to have been used in  a  manner
     8  inconsistent  with  the  appropriation,  or  any other provision of this
     9  section. Such agency commissioners shall be  authorized  to  employ  any
    10  legal mechanism to recoup such funds, including an offset of other funds
    11  that are owed to such local governmental unit or direct contract provid-
    12  er.
    13    §  2.  This  act  shall take effect immediately and shall be deemed to
    14  have been in full force and effect on and after April 1, 2023.
 
    15                                   PART EE
 
    16    Section 1. Subdivision 1-a of section 84 of part A of  chapter  56  of
    17  the laws of 2013, amending the social services law and other laws relat-
    18  ing  to enacting the major components of legislation necessary to imple-
    19  ment the health and mental hygiene budget for the 2013-2014 state fiscal
    20  year, as amended by section 9 of part Z of chapter 57  of  the  laws  of
    21  2018, is amended to read as follows:
    22    1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
    23  deemed repealed September 30, [2023] 2025;
    24    § 2. This act shall take effect immediately.
 
    25                                   PART FF
 
    26                            Intentionally Omitted
 
    27                                   PART GG
 
    28                            Intentionally Omitted
 
    29                                   PART HH
 
    30    Section 1. Intentionally omitted.
    31    § 2. The mental hygiene law is amended  by  adding  two  new  sections
    32  36.04 and 36.05 to read as follows:
    33  § 36.04 Certified community behavioral health clinics.
    34    (a)  The  commissioners  are  authorized  to jointly certify community
    35  behavioral health clinics, subject to  the  availability  of  state  and
    36  federal funding.
    37    (b)  Certified community behavioral health clinics shall provide coor-
    38  dinated, comprehensive behavioral health care, including  mental  health
    39  and  addiction  services,  primary  care  screening, and case management
    40  services, in accordance with certified community behavioral health clin-
    41  ic standards established by the United States department of  health  and
    42  human services substance abuse and mental health services administration
    43  and  the  commissioners of the office of mental health and the office of
    44  addiction services and supports.
    45    (c) The commissioners shall require each proposed certified  community
    46  behavioral  health  clinic  to submit a plan, which shall be approved by

        A. 3007--B                         134
 
     1  the commissioners prior to the  issuance  of  an  operating  certificate
     2  pursuant to this article.  Such plan shall include:
     3    (1)  a description of the clinic's character and competency to provide
     4  certified community behavioral health clinic services across the  lifes-
     5  pan,  including  how the clinic will ensure access to crisis services at
     6  all times and accept all patients regardless of ability to pay;
     7    (2) a description of the clinic's catchment area;
     8    (3) a statement indicating that the clinic has  been  included  in  an
     9  approved  local services plan developed pursuant to article forty-one of
    10  this chapter for each  local  government  located  within  the  clinic's
    11  catchment area;
    12    (4)  where executed, agreements establishing formal relationships with
    13  designated collaborating  organizations  to  provide  certain  certified
    14  community  behavioral  health  clinic services, consistent with guidance
    15  issued by the United States department  of  health  and  human  services
    16  substance abuse and mental health services administration and the office
    17  of mental health and the office of addiction services and supports;
    18    (5)  a  staffing plan driven by local needs assessment, licensing, and
    19  training to support service delivery;
    20    (6) a description of the  clinic's  data-driven  approach  to  quality
    21  improvement;
    22    (7)  a  description  of how consumers are represented in governance of
    23  the clinic;
    24    (8) all financial information in the form and format required  by  the
    25  office  of  mental  health  and  the  office  of  addiction services and
    26  supports; and
    27    (9) any other information or agreements required by the commissioners.
    28    (d) Where a certified community  behavioral  health  clinic  has  been
    29  established  and  is participating on the effective date of this section
    30  in the federal  certified  community  behavioral  health  clinic  demon-
    31  stration  awarded to the state by the United States department of health
    32  and human services substance abuse and mental health  services  adminis-
    33  tration,  the  previously  established clinic may be certified where the
    34  clinic demonstrates compliance with the certification  standards  estab-
    35  lished pursuant to this article.
    36    (e)  The  commissioners shall promulgate any rule or regulation neces-
    37  sary to effectuate this section.
    38  § 36.05 Certified community  behavioral  health  clinics  indigent  care
    39            program.
    40    (a)  (1)  For  periods  on  and after July first, two thousand twenty-
    41  three, the commissioners are authorized  to  make  payment  to  eligible
    42  certified  community  behavioral  health clinics, to the extent of funds
    43  appropriated therefor to assist in meeting losses resulting from  uncom-
    44  pensated  care.    In  the  event federal financial participation is not
    45  available for such payments to eligible certified  community  behavioral
    46  health  clinics, payments shall be made solely on the basis of available
    47  state general fund appropriations for this  purpose  in  amounts  to  be
    48  determined by the director of the division of the budget.
    49    (2) For purposes of this section, "eligible certified community behav-
    50  ioral health clinics" shall mean voluntary non-profit certified communi-
    51  ty  behavioral  health  clinics  participating  in the federal certified
    52  community behavioral health clinic demonstration awarded to the state by
    53  the United States department of  health  and  human  services  substance
    54  abuse  and  mental  health  services  administration and other certified
    55  community behavioral health clinics certified pursuant to section  36.04
    56  of  this  article,  which demonstrate that a minimum of three percent of

        A. 3007--B                         135
 
     1  total visits reported during the applicable base year period, as  deter-
     2  mined by the commissioners, were to uninsured individuals.
     3    (3) For purposes of this section, "losses resulting from uncompensated
     4  care"  shall  mean  losses from reported self-pay and free visits multi-
     5  plied by the clinic's medical assistance payment rate for the applicable
     6  distribution year, offset by payments received from such patients during
     7  the reporting period.
     8    (b) A certified community behavioral health clinic  qualifying  for  a
     9  distribution pursuant to this section shall provide assurances satisfac-
    10  tory  to the commissioners that it shall undertake reasonable efforts to
    11  maintain financial support from community and public funding sources and
    12  reasonable efforts to collect payments  for  services  from  third-party
    13  insurance payors, governmental payors and self-paying patients.
    14    (c)  (1) Funding pursuant to this section shall be allocated to eligi-
    15  ble certified community  behavioral  health  clinics  based  on  actual,
    16  reported  losses  resulting from uncompensated care in a given base year
    17  period and shall not exceed one hundred percent of an eligible  clinic's
    18  losses in the same period.
    19    (2) If the sum of actual, reported losses resulting from uncompensated
    20  care  for  all certified community behavioral health clinics exceeds the
    21  amount appropriated therefor in a given base year period, allocations of
    22  funds for each eligible certified  community  behavioral  health  clinic
    23  shall be assessed proportionately based upon the percentage of the total
    24  number  of  uncompensated  care  visits for all clinics that each clinic
    25  provided during the base year and shall not exceed amounts  appropriated
    26  in the aggregate.
    27    (d) Except as provided in subdivision (e) of this section, for periods
    28  on  and after July first, two thousand twenty-three through June thirti-
    29  eth, two thousand twenty-six, funds shall be made available for payments
    30  pursuant to this section for  eligible  certified  community  behavioral
    31  health  clinics  for  the  following  periods in the following aggregate
    32  amounts:
    33    (1) For the period of July first, two  thousand  twenty-three  through
    34  June  thirtieth, two thousand twenty-four, up to thirty-two million five
    35  hundred thousand dollars;
    36    (2) For the period of July first,  two  thousand  twenty-four  through
    37  June  thirtieth,  two  thousand twenty-five, up to fifty-one million two
    38  hundred fifty thousand dollars; and
    39    (3) For the period of July first,  two  thousand  twenty-five  through
    40  June  thirtieth,  two  thousand  twenty-six,  up  to  fifty-five million
    41  dollars.
    42    (e) In the event that federal financial participation is not available
    43  for rate adjustments pursuant  to  this  section,  funds  available  for
    44  payments  pursuant to this section for each eligible certified community
    45  behavioral health clinic shall  be  limited  to  the  non-federal  share
    46  equivalent of the amounts specified in subdivision (d) of this section.
    47    (f)  Eligible  certified community behavioral health clinics receiving
    48  funding under this section shall not be eligible for comprehensive diag-
    49  nostic and treatment centers indigent care program funding  pursuant  to
    50  section two thousand eight hundred seven-p of the public health law.
    51    (g)  The  commissioners may require facilities receiving distributions
    52  pursuant to this  section  as  a  condition  of  participating  in  such
    53  distributions,  to  provide  reports  and  data  to the office of mental
    54  health and the office of addiction services and supports as the  commis-
    55  sioners  deem  necessary  to adequately implement the provisions of this
    56  section.

        A. 3007--B                         136
 
     1    § 3. This act shall take effect immediately.
 
     2                                   PART II
 
     3                            Intentionally Omitted
 
     4                                   PART JJ
 
     5                            Intentionally Omitted
 
     6                                   PART KK

     7    Section  1.  1. A task force shall be established within the office of
     8  mental health to be known as the mental health housing  evaluation  task
     9  force  for  aging in place (hereinafter referred to as the "task force")
    10  to make recommendations including, but not limited to, the following:
    11    (a) solutions for removing barriers to ensure residents of  community-
    12  based mental health housing programs can successfully age in place while
    13  receiving adequate care;
    14    (b)  identifying  policy, procedure, or regulatory changes that aim to
    15  remove barriers to residents of community-based  mental  health  housing
    16  programs  to  receive both mental health and medical care, including the
    17  ability to hire health care professionals, including but not limited  to
    18  nurses and/or health home aides;
    19    (c)  an  action plan for making residences Americans with Disabilities
    20  Act compliant;
    21    (d) necessary training for residential staff to understand  the  needs
    22  of the elderly for which they are providing care; and
    23    (e)  types  of  assistance  to consider when transporting residents to
    24  medical appointments and ensuring the proper follow-up occurs.
    25    2. The task force shall consist of  nine  members  as  follows:  three
    26  members  shall  be  appointed  by  the  governor;  two  members shall be
    27  appointed by the speaker of the assembly; two members shall be appointed
    28  by the temporary president of the senate; one member shall be  appointed
    29  by  the minority leader of the senate; and one member shall be appointed
    30  by the minority leader of the assembly. The task force members shall  be
    31  appointed within 60 days after this act shall have become a law.
    32    Members  so appointed shall consist of at least: one representative of
    33  a statewide organization or  advocacy  group  for  residents  of  mental
    34  health  housing  programs;  at  least  one health care professional with
    35  expertise in the needs of the elderly/aging residents  of  a  congregate
    36  care setting with significant medical issues; at least one mental health
    37  professional  with expertise in the needs of elderly mental health hous-
    38  ing residents with a severe and persistent mental illness; and at  least
    39  one  member  shall  be  a director of a mental health housing program. A
    40  chairperson shall be nominated by a majority vote from among the members
    41  of the task force.
    42    3. No member, officer or employee of the task force shall be disquali-
    43  fied from holding any other public office or employment, nor shall he or
    44  she forfeit any such office or  employment  by  reason  of  his  or  her
    45  appointment  hereunder,  notwithstanding  the provisions of any general,
    46  special, or local law, ordinance or city charter.
    47    4. The members of the task force shall  receive  no  compensation  for
    48  their  services but shall be allowed their actual and necessary expenses

        A. 3007--B                         137
 
     1  incurred in the performance of their duties hereunder.  The  task  force
     2  shall  meet  at  least  three times, or more if deemed necessary, at the
     3  call of the chairperson to fulfill its duties.
     4    5.  The  task force shall make a report of its findings, including any
     5  recommendations required pursuant to subdivision one of this section  as
     6  well  as  any legislative or budgetary initiatives as it may deem neces-
     7  sary and appropriate. Such report shall be provided to the governor  and
     8  the  legislature  no  later than twelve months after this act shall have
     9  become a law.
    10    § 2. This act shall take effect immediately and shall  expire  and  be
    11  deemed repealed thirty days after the report required pursuant to subdi-
    12  vision  five of section one of this act has been presented to the legis-
    13  lature; provided, further, that the commissioner of mental health  shall
    14  notify  the  legislative bill drafting commission upon the submission of
    15  the report required by subdivision five of section one of  this  act  to
    16  the  legislature,  in order that the commission may maintain an accurate
    17  and timely effective data base of the official text of the laws  of  the
    18  state  of  New  York  in  furtherance  of effectuating the provisions of
    19  section 44 of the legislative law and section 70-b of the  public  offi-
    20  cers law.
 
    21                                   PART LL
 
    22    Section  1.  Paragraph  (d-3) of subdivision 3 of section 364-j of the
    23  social services law, as added by section 1 of part JJ of chapter  57  of
    24  the laws of 2021, is amended to read as follows:
    25    (d-3)  Services  provided  in school-based health centers shall not be
    26  provided to medical assistance recipients through managed care  programs
    27  established  pursuant  to  this section [until at least April first, two
    28  thousand twenty-three,] and shall continue to  be  provided  outside  of
    29  managed care programs.
    30    §  2.  Section 2 of part JJ of chapter 57 of the laws of 2021 amending
    31  the social services law relating to managed care programs, is amended to
    32  read as follows:
    33    § 2. This act shall take effect immediately [and shall expire April 1,
    34  2023, when upon such date the provisions of this  act  shall  be  deemed
    35  repealed];  provided  [further,] that the amendments to section 364-j of
    36  the social services law made by section one of this act shall not affect
    37  the repeal of such section and shall be deemed repealed therewith.
    38    § 3. This act shall take effect immediately; provided,  however,  that
    39  the  amendments to section 364-j of the social services law made by this
    40  act shall not affect the repeal of such  section  and  shall  be  deemed
    41  repealed therewith.
 
    42                                   PART MM
 
    43    Section  1.  Section  365-1  of  the social services law is amended by
    44  adding a new subdivision 1-a to read as follows:
    45    1-a. In establishing the eligibility criteria under paragraph  (d)  of
    46  subdivision  one  of  this section, the commissioner of health shall not
    47  establish any limit on the duration of eligibility  under  this  section
    48  for a Medicaid enrollee who meets all other eligibility criteria.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART NN

        A. 3007--B                         138
 
     1    Section 1. Sections 1 and 1-a of part FFF of chapter 56 of the laws of
     2  2020  directing  the department of health to remove the pharmacy benefit
     3  from the managed care benefit package and to provide the pharmacy  bene-
     4  fit under the fee for service program are REPEALED.
     5    § 2. This act shall take effect April 1, 2023.
 
     6                                   PART OO
 
     7    Section  1. Subdivision 1 of section 2999-dd of the public health law,
     8  as amended by section 2 of part V of chapter 57 of the laws of 2022,  is
     9  amended to read as follows:
    10    1.  Health  care  services  delivered  by means of telehealth shall be
    11  entitled to reimbursement under section three hundred  sixty-seven-u  of
    12  the  social services law on the same basis, at the same rate, and to the
    13  same extent the equivalent services, as may be  defined  in  regulations
    14  promulgated  by  the  commissioner,  are  reimbursed  when  delivered in
    15  person; provided, however, that health care services delivered by  means
    16  of  telehealth  shall not require reimbursement to a telehealth provider
    17  for certain costs, including but not limited to facility fees  or  costs
    18  reimbursed  through ambulatory patient groups or other clinic reimburse-
    19  ment methodologies set forth in section twenty-eight  hundred  seven  of
    20  this  chapter, if such costs were not incurred in the provision of tele-
    21  health services due to neither the originating site nor the distant site
    22  occurring within  a  facility  or  other  clinic  setting;  and  further
    23  provided,  however,  reimbursement  for  additional modalities, provider
    24  categories and originating sites specified in  accordance  with  section
    25  twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
    26  phone  communication  defined  in  regulations  promulgated  pursuant to
    27  subdivision four of section twenty-nine hundred ninety-nine-cc  of  this
    28  article,  shall  be  contingent  upon  federal  financial participation.
    29  Notwithstanding  the  provisions  of  this  subdivision,  for   services
    30  licensed, certified or otherwise authorized pursuant to article sixteen,
    31  article  thirty-one or article thirty-two of the mental hygiene law, and
    32  for any services delivered through a  facility  licensed  under  article
    33  twenty-eight  of  this  chapter that is eligible to be designated or has
    34  received a designation as a federally qualified health center in accord-
    35  ance with 42 USC § 1396a(aa), as amended, or any successor law  thereto,
    36  including  those facilities that are also licensed under article thirty-
    37  one or article thirty-two of  the  mental  hygiene  law,  such  services
    38  provided  by  telehealth[, as deemed appropriate by the relevant commis-
    39  sioner,] shall be reimbursed at the applicable in person rates  or  fees
    40  established  by law, or otherwise established or certified by the office
    41  for people with developmental disabilities, office of mental health,  or
    42  the  office  of  addiction  services  and  supports  pursuant to article
    43  forty-three of the mental hygiene law.
    44    § 2. This act shall take effect April 1, 2023; provided, however, that
    45  the amendments to subdivision 1 of section 2999-dd of the public  health
    46  law  made  by section one of this act shall not affect the expiration of
    47  such subdivision and shall expire and be deemed repealed therewith.
    48    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    49  sion, section or part of this act shall be  adjudged  by  any  court  of
    50  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    51  impair, or invalidate the remainder thereof, but shall  be  confined  in
    52  its  operation  to the clause, sentence, paragraph, subdivision, section
    53  or part thereof directly involved in the controversy in which such judg-
    54  ment shall have been rendered. It is hereby declared to be the intent of

        A. 3007--B                         139

     1  the legislature that this act would  have  been  enacted  even  if  such
     2  invalid provisions had not been included herein.
     3    §  3.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date of Parts A through OO of this act shall be
     5  as specifically set forth in the last section of such Parts.
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