Amd §5, Chap 426 of 1983; amd §5, Chap 582 of 1984; amd §230, Pub Health L; amd part B §60, Chap 57 of 2015;
amd §246, Chap 81 of 1995; amd part C §71, Chap 60 of 2014
Relates to extending certain provisions of the public health law and the social services law.
STATE OF NEW YORK
________________________________________________________________________
10221--A
IN ASSEMBLY
March 26, 2018
___________
Introduced by M. of A. GOTTFRIED, D'URSO -- (at request of the Depart-
ment of Health) -- read once and referred to the Committee on Health
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend chapter 426 of the laws of 1983, amending the public
health law relating to professional misconduct proceedings, in
relation to the effectiveness of certain provisions thereof; to amend
chapter 582 of the laws of 1984, amending the public health law relat-
ing to regulating activities of physicians, in relation to the effec-
tiveness of certain provisions thereof; to amend the public health
law, in relation to extending the demonstration period in certain
physician committees; to amend chapter 57 of the laws of 2015, amend-
ing the social services law and other laws relating to energy audits
and/or disaster preparedness reviews of residential healthcare facili-
ties by the commissioner, in relation to 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; and to amend chapter 60 of the laws of
2014, amending the social services law relating to eliminating pres-
criber prevails for brand name drugs with generic equivalents, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5 of chapter 426 of the laws of 1983, amending the
2 public health law relating to professional misconduct proceedings, as
3 amended by section 22 of part B of chapter 56 of the laws of 2013, is
4 amended to read as follows:
5 § 5. This act shall take effect June 1, 1983 and shall remain in full
6 force and effect until [March 31, 2018] July 1, 2023.
7 § 2. Section 5 of chapter 582 of the laws of 1984, amending the public
8 health law relating to regulating activities of physicians, as amended
9 by section 23 of part B of chapter 56 of the laws of 2013, is amended to
10 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14386-03-8
A. 10221--A 2
1 § 5. This act shall take effect immediately, provided however that the
2 provisions of this act shall remain in full force and effect until
3 [March 31, 2018] July 1, 2023 at which time the provisions of this act
4 shall be deemed to be repealed.
5 § 3. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
6 230 of the public health law, as amended by section 5-c of part T of a
7 chapter of the laws of 2018, amending the public health law relating to
8 participation and membership in a demonstration period as proposed in
9 legislative bill numbers S. 7507-C and A. 9507-C, is amended to read as
10 follows:
11 (ii) Participation and membership during a three year demonstration
12 period in a physician committee of the Medical Society of the State of
13 New York or the New York State Osteopathic Society whose purpose is to
14 confront and refer to treatment physicians who are thought to be suffer-
15 ing from alcoholism, drug abuse, or mental illness. Such demonstration
16 period shall commence on April first, nineteen hundred eighty and termi-
17 nate on May thirty-first, nineteen hundred eighty-three. An additional
18 demonstration period shall commence on June first, nineteen hundred
19 eighty-three and terminate on March thirty-first, nineteen hundred
20 eighty-six. An additional demonstration period shall commence on April
21 first, nineteen hundred eighty-six and terminate on March thirty-first,
22 nineteen hundred eighty-nine. An additional demonstration period shall
23 commence April first, nineteen hundred eighty-nine and terminate March
24 thirty-first, nineteen hundred ninety-two. An additional demonstration
25 period shall commence April first, nineteen hundred ninety-two and
26 terminate March thirty-first, nineteen hundred ninety-five. An addi-
27 tional demonstration period shall commence on April first, nineteen
28 hundred ninety-five and terminate on March thirty-first, nineteen
29 hundred ninety-eight. An additional demonstration period shall commence
30 on April first, nineteen hundred ninety-eight and terminate on March
31 thirty-first, two thousand three. An additional demonstration period
32 shall commence on April first, two thousand three and terminate on March
33 thirty-first, two thousand thirteen. An additional demonstration period
34 shall commence April first, two thousand thirteen and terminate on March
35 thirty-first, two thousand eighteen. An additional demonstration period
36 shall commence April first, two thousand eighteen and terminate on
37 [March thirty-first] July first, two thousand twenty-three provided,
38 however, that the commissioner may prescribe requirements for the
39 continuation of such demonstration program, including periodic reviews
40 of such programs and submission of any reports and data necessary to
41 permit such reviews. During these additional periods, the provisions of
42 this subparagraph shall also apply to a physician committee of a county
43 medical society.
44 § 4. Subdivision 5 of section 60 of part B of chapter 57 of the laws
45 of 2015, amending the social services law and other laws relating to
46 energy audits and/or disaster preparedness reviews of residential
47 healthcare facilities by the commissioner, is amended to read as
48 follows:
49 5. section thirty-eight of this act shall expire and be deemed
50 repealed [March 31, 2018] July 1, 2021;
51 § 5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
52 amending the public health law and other laws relating to medical
53 reimbursement and welfare reform, as amended by chapter 49 of the laws
54 of 2017, is amended to read as follows:
55 12. Sections one hundred five-b through one hundred five-f of this act
56 shall expire June 30, [2018] 2019.
A. 10221--A 3
1 § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
2 of 2014, amending the social services law relating to eliminating pres-
3 criber prevails for brand name drugs with generic equivalent, as amended
4 by section 2 of part I of chapter 57 of the laws of 2017, is amended to
5 read as follows:
6 4-a. section twenty-two of this act shall take effect April 1, 2014,
7 and shall be deemed expired January 1, [2019] 2021;
8 § 7. This act shall take effect immediately; provided however, that
9 sections one, two and four of this act shall be deemed to have been in
10 full force and effect on and after March 31, 2018; and provided further,
11 that section three of this act shall take effect on the same date and in
12 the same manner as a chapter of the laws of 2018, amending the public
13 health law relating to participation and membership in a demonstration
14 period as proposed in legislative bill numbers S. 7507-C and A. 9507-C,
15 takes effect.
