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S08093 Summary:

S08093 Actions:

S08093 Committee Votes:

S08093 Floor Votes:

S08093 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8093--A
            Cal. No. 983
 
                    IN SENATE
 
                                     March 28, 2018
                                       ___________
 
        Introduced by Sen. HANNON -- (at request of the Department of Health) --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Health -- reported  favorably  from  said  committee,
          ordered  to  first  and  second  report,  ordered  to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14386-02-8
        S. 8093--A                          2
 
     1  by section 23 of part B of chapter 56 of the laws of 2013, is amended to
     2  read as follows:
     3    § 5. This act shall take effect immediately, provided however that the
     4  provisions  of  this  act  shall  remain  in full force and effect until
     5  [March 31, 2018] July 1, 2023 at which time the provisions of  this  act
     6  shall be deemed to be repealed.
     7    §  3.  Subparagraph (ii) of paragraph (c) of subdivision 11 of section
     8  230 of the public health law, as amended by section 5-c of part T  of  a
     9  chapter  of the laws of 2018, amending the public health law relating to
    10  participation and membership in a demonstration period  as  proposed  in
    11  legislative  bill numbers S. 7507-C and A. 9507-C, is amended to read as
    12  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
    39  [March thirty-first] July first,  two  thousand  twenty-three  provided,
    40  however,  that  the  commissioner  may  prescribe  requirements  for the
    41  continuation of such demonstration program, including  periodic  reviews
    42  of  such  programs  and  submission of any reports and data necessary to
    43  permit such reviews. During these additional periods, the provisions  of
    44  this  subparagraph shall also apply to a physician committee of a county
    45  medical society.
    46    § 4. Subdivision 5 of section 60 of part B of chapter 57 of  the  laws
    47  of  2015,  amending  the  social services law and other laws relating to
    48  energy  audits  and/or  disaster  preparedness  reviews  of  residential
    49  healthcare  facilities  by  the  commissioner,  is  amended  to  read as
    50  follows:
    51    5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
    52  repealed [March 31, 2018] July 1, 2021;
    53    §  5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
    54  amending the public health  law  and  other  laws  relating  to  medical
    55  reimbursement  and  welfare reform, as amended by chapter 49 of the laws
    56  of 2017, is amended to read as follows:
        S. 8093--A                          3
 
     1    12. Sections one hundred five-b through one hundred five-f of this act
     2  shall expire June 30, [2018] 2019.
     3    § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
     4  of  2014, amending the social services law relating to eliminating pres-
     5  criber prevails for brand name drugs with generic equivalent, as amended
     6  by section 2 of part I of chapter 57 of the laws of 2017, is amended  to
     7  read as follows:
     8    4-a.  section  twenty-two of this act shall take effect April 1, 2014,
     9  and shall be deemed expired January 1, [2019] 2021;
    10    § 7. This act shall take effect immediately;  provided  however,  that
    11  sections  one,  two and four of this act shall be deemed to have been in
    12  full force and effect on and after March 31, 2018; and provided further,
    13  that section three of this act shall take effect on the same date and in
    14  the same manner as a chapter of the laws of 2018,  amending  the  public
    15  health  law  relating to participation and membership in a demonstration
    16  period as proposed in legislative bill numbers S. 7507-C and A.  9507-C,
    17  takes effect.