STATE OF NEW YORK
________________________________________________________________________
S. 2507--C A. 3007--C
SENATE - ASSEMBLY
January 20, 2021
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend part H of chapter 59 of the laws of 2011, amending the
public health law and other laws relating to known and projected
department of health state fund Medicaid expenditures, in relation to
extending the Medicaid global cap (Part A); intentionally omitted
(Part B); to amend part FFF of chapter 56 of the laws of 2020 relating
to directing the department of health to remove the pharmacy benefit
from the managed care benefit package and to provide the pharmacy
benefit under the fee for service program, in relation to the effec-
tiveness thereof (Part C); to amend the public health law, in relation
to reducing the hospital capital rate add-on (Part D); intentionally
omitted (Part E); to amend the public health law, in relation to tele-
health distant sites and providers (Part F); to amend the public
health law, in relation to authorizing the implementation of medical
respite pilot programs (Part G); to amend the social services law, in
relation to eliminating consumer-paid premium payments in the basic
health program (Part H); intentionally omitted (Part I); intentionally
omitted (Part J); to amend chapter 266 of the laws of 1986 amending
the civil practice law and rules and other laws relating to malprac-
tice and professional medical conduct, in relation to extending the
physicians medical malpractice program; to amend part J of chapter 63
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12571-05-1
S. 2507--C 2 A. 3007--C
of the laws of 2001 amending chapter 266 of the laws of 1986, amending
the civil practice law and rules and other laws relating to malprac-
tice and professional medical conduct, relating to the effectiveness
of certain provisions of such chapter, in relation to extending
certain provisions concerning the hospital excess liability pool; and
to amend part H of chapter 57 of the laws of 2017, amending the New
York Health Care Reform Act of 1996 and other laws relating to extend-
ing certain provisions relating thereto, in relation to extending
provisions relating to excess coverage (Part K); intentionally omitted
(Part L); to amend the public health law and part H of chapter 58 of
the laws of 2007 amending the public health law, the public officers
law and the state finance law relating to establishing the empire
state stem cell board, in relation to the discontinuation of the
empire clinical research investigator program (Part M); intentionally
omitted (Part N); intentionally omitted (Part O); intentionally omit-
ted (Part P); intentionally omitted (Part Q); intentionally omitted
(Part R); to amend chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, in relation to extend-
ing the provisions thereof; to amend chapter 109 of the laws of 2010,
amending the social services law relating to transportation costs, in
relation to the effectiveness thereof; to amend chapter 81 of the laws
of 1995, amending the public health law and other laws relating to
medical reimbursement and welfare reform, in relation to the effec-
tiveness thereof; to amend chapter 56 of the laws of 2013 amending
chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual
rates, in relation to extending government rates for behavioral
services and adding an alternative payment methodology requirement; to
amend chapter 57 of the laws of 2019 amending the public health law
relating to waiver of certain regulations, in relation to the effec-
tiveness thereof; to amend chapter 517 of the laws of 2016, amending
the public health law relating to payments from the New York state
medical indemnity fund, in relation to the effectiveness thereof; to
amend the public health law, in relation to improved integration of
health care and financing; to amend chapter 56 of the laws of 2014,
amending the education law relating to the nurse practitioners modern-
ization act, in relation to extending the provisions thereof; and to
amend chapter 66 of the laws of 2016, amending the public health law
relating to reporting of opioid overdose data, in relation to the
effectiveness thereof (Part S); to amend part A of chapter 111 of the
laws of 2010 amending the mental hygiene law relating to the receipt
of federal and state benefits received by individuals receiving care
in facilities operated by an office of the department of mental
hygiene, in relation to the effectiveness thereof (Part T); to amend
part L of chapter 59 of the laws of 2016, amending the mental hygiene
law relating to the appointment of temporary operators for the contin-
ued operation of programs and the provision of services for persons
with serious mental illness and/or developmental disabilities and/or
chemical dependence, in relation to the effectiveness thereof (Part
U); to amend the mental hygiene law, in relation to requiring the
final reports of such programs to be included in the statewide compre-
hensive plan; and to amend part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority
of the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, in relation to the
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effectiveness thereof (Part V); to amend chapter 62 of the laws of
2003, amending the mental hygiene law and the state finance law relat-
ing to the community mental health support and workforce reinvestment
program, the membership of subcommittees for mental health of communi-
ty services boards and the duties of such subcommittees and creating
the community mental health and workforce reinvestment account, in
relation to extending such provisions relating thereto (Part W);
relating to the office of mental health allocating funding for the
2021-22 fiscal year; and providing for the repeal of such provisions
upon expiration thereof (Part X); intentionally omitted (Part Y); to
amend the mental hygiene law, in relation to authorizing the charging
an application processing fee for the issuance of operating certif-
icates (Part Z); to amend the mental hygiene law and the social
services law, in relation to crisis stabilization services (Part AA);
intentionally omitted (Part BB); intentionally omitted (Part CC);
intentionally omitted (Part DD); intentionally omitted (Part EE);
intentionally omitted (Part FF); to amend the public health law, in
relation to minimum direct care spending in residential health care
facilities (Part GG); and to amend the executive law, in relation to
the composition of the developmental disabilities planning council
(Part HH); to amend the social services law, in relation to the
provision of services to certain persons suffering from traumatic
brain injuries or qualifying for nursing home diversion and transition
services (Part II); to amend the social services law, in relation to
managed care programs; and providing for the repeal of such provisions
upon expiration thereof (Part JJ); to amend chapter 495 of the laws of
2004, amending the insurance law and the public health law relating to
the New York state health insurance continuation assistance demon-
stration project, in relation to the effectiveness thereof (Part KK);
to amend the social services law, in relation to requests for offers
from fiscal intermediaries (Part LL); to amend the public health law,
in relation to aiding in the transition to adulthood for children with
medical fragility living in pediatric nursing homes and other
settings; and providing for the repeal of such provisions upon expira-
tion thereof (Part MM); to amend the social services law, in relation
to providing for an exemption or disregard of income for certain indi-
viduals receiving medical assistance (Part NN); to amend part KKK of
chapter 56 of the laws of 2020 amending the social services law and
other laws relating to managed care encounter data, authorizing elec-
tronic notifications, and establishing regional demonstration
projects, in relation to the regional demonstration program (Part OO);
to amend the public health law and the social services law, in
relation to post-partum extended coverage insurance coverage (Part
PP); and requiring the commissioner of health to file a report on the
calculation and payment of prescription drug dispensing fees to retail
pharmacies by the state's medical assistance program (Part QQ)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement the state health and mental hygiene budget for
3 the 2021-2022 state fiscal year. Each component is wholly contained
4 within a Part identified as Parts A through QQ. The effective date for
5 each particular provision contained within such Part is set forth in the
S. 2507--C 4 A. 3007--C
1 last section of such Part. Any provision in any section contained within
2 a Part, including the effective date of the Part, which makes a refer-
3 ence to a section "of this act", when used in connection with that
4 particular component, shall be deemed to mean and refer to the corre-
5 sponding section of the Part in which it is found. Section three of this
6 act sets forth the general effective date of this act.
7 PART A
8 Section 1. Paragraph (a) of subdivision 1 of section 92 of part H of
9 chapter 59 of the laws of 2011, amending the public health law and other
10 laws relating to known and projected department of health state fund
11 Medicaid expenditures, as amended by section 1 of part CCC of chapter 56
12 of the laws of 2020, is amended to read as follows:
13 (a) For state fiscal years 2011-12 through [2021-22] 2022-23, the
14 director of the budget, in consultation with the commissioner of health
15 referenced as "commissioner" for purposes of this section, shall assess
16 on a [monthly] quarterly basis, as reflected in [monthly] quarterly
17 reports pursuant to subdivision five of this section known and projected
18 department of health state funds medicaid expenditures by category of
19 service and by geographic regions, as defined by the commissioner.
20 § 2. Subdivision 5 of section 92 of part H of chapter 59 of the laws
21 of 2011, amending the public health law and other laws relating to known
22 and projected department of health state fund Medicaid expenditures, as
23 amended by section 1 of part CCC of chapter 56 of the laws of 2020, is
24 amended to read as follows:
25 5. The commissioner of health, in consultation with the director of
26 budget, shall prepare a [monthly] quarterly report that sets forth:
27 (a) known and projected department of health medicaid expenditures as
28 described in subdivision one of this section, and factors that could
29 result in medicaid disbursements for the relevant state fiscal year to
30 exceed the projected department of health state funds disbursements in
31 the enacted budget financial plan pursuant to subdivision 3 of section
32 23 of the state finance law, including spending increases or decreases
33 due to: enrollment fluctuations, rate changes, utilization changes, MRT
34 investments, and shift of beneficiaries to managed care; and variations
35 in offline medicaid payments;
36 (b) the actions taken to implement any medicaid savings allocation
37 adjustment implemented pursuant to subdivisions one and four of this
38 section, including information concerning the impact of such actions on
39 each category of service and each geographic region of the state.
40 (c) The price, to include the base rate plus any upcoming rate adjust-
41 ment; utilization, to include current enrollment, projected enrollment
42 changes and acuity; and Medicaid Redesign Team initiatives, one-time
43 initiatives and other initiatives describing the proposed budget action
44 impact, any prior year initiative with current and future year impacts
45 for the following categories of spending:
46 (i) inpatient;
47 (ii) outpatient;
48 (iii) emergency room;
49 (iv) clinic;
50 (v) nursing homes;
51 (vi) other long term care;
52 (vii) medicaid managed care;
53 (viii) family health plus;
54 (ix) pharmacy;
S. 2507--C 5 A. 3007--C
1 (x) transportation;
2 (xi) dental;
3 (xii) non-institutional and all other categories;
4 (xiii) affordable housing;
5 (xiv) vital access provider services;
6 (xv) behavioral health vital access provider services;
7 (xvi) health home establishment grants;
8 (xvii) grants for facilitating transition of behavioral health service
9 to managed care;
10 (xviii) Finger Lakes health services agency;
11 (xix) the transition of vulnerable populations to managed care;
12 (xx) audit recoveries and settlements; and
13 (d) where price and utilization are not applicable, detail shall be
14 provided on spending, to include but not be limited to:
15 (i) demographic information of targeted recipients;
16 (ii) number of recipients;
17 (iii) award amounts;
18 (iv) timing of awards; and
19 (v) the impact of Medicaid Redesign Team and/or one-time initiatives.
20 Information required by paragraphs (a) and (b) of this subdivision
21 shall be provided to the chairs of the senate finance and the assembly
22 ways and means committees, and shall be posted on the department of
23 health's website in the timely manner.
24 (e) Beginning on July 1, 2014, additional information required by
25 paragraphs (c) and (d) of this subdivision shall be provided to the
26 governor, the temporary president of the senate, the speaker of the
27 assembly, the chair of the senate finance committee, the chair of the
28 assembly ways and means committee, and the chairs of the senate and
29 assembly health committees.
30 (f) any projected Medicaid savings determined by the commissioner of
31 health pursuant to section 34 of part C of a chapter of the laws of
32 2014, relating to the implementation of the health and mental hygiene
33 budget, and the proposed allocation plan spending adjustment with regard
34 to such savings.
35 (g) any material impact to the global cap annual projection, along
36 with an explanation of the variance from the projection at the time of
37 the enacted budget. Such material impacts shall include, but not be
38 limited to, policy and programmatic changes, significant transactions,
39 and any actions taken, administrative or otherwise, which would mate-
40 rially impact expenditures under the global cap. Reporting requirements
41 under this paragraph shall include material impacts from the preceding
42 [month] quarter and any anticipated material impacts for the [month]
43 quarter in which the report required under this subdivision is issued,
44 as well as anticipated material impacts for the [month] quarter subse-
45 quent to such report.
46 § 3. This act shall take effect immediately.
47 PART B
48 Intentionally Omitted
49 PART C
50 Section 1. Section 1 of part FFF of chapter 56 of the laws of 2020
51 relating to directing the department of health to remove the pharmacy
52 benefit from the managed care benefit package and to provide the pharma-
S. 2507--C 6 A. 3007--C
1 cy benefit under the fee for service program, is amended to read as
2 follows:
3 Section 1. The Legislature hereby finds and declares that medical
4 assistance for needy persons is a matter of public concern and a neces-
5 sity in promoting the public health and welfare and for promoting the
6 state's goal of making available to everyone, regardless of race, age,
7 gender, national origin or economic standing, uniform, high-quality
8 medical care. As the department of health is the single state agency
9 responsible for supervising the administration of the state's medical
10 assistance program (Medicaid), it is tasked with ensuring efficiency,
11 economy, and quality of care in providing benefits to the state's needy
12 persons. To this end and with the fiscal constraints facing our state in
13 mind, the department of health continues to analyze the Medicaid program
14 in search of ways to ensure Medicaid spending is held to the standard of
15 efficiency, economy, and quality of care. In consideration of this stan-
16 dard, the department of health is hereby directed to exercise its exist-
17 ing administrative authority to remove the pharmacy benefit from managed
18 care benefit package and instead provide the pharmacy benefit under the
19 fee for service program, except where otherwise required by federal law,
20 to ensure transparency and that the benefit is provided to the fullest
21 extent and as efficiently as possible; provided, however, that the
22 department of health shall not implement the transition of the pharmacy
23 benefit from the managed care benefit package to the fee for service
24 program sooner than April 1, [2021] 2023, and until it is satisfied that
25 all necessary and appropriate transition planning has occurred, in its
26 sole discretion, and federal approvals have been obtained and prepara-
27 tions have been made. Furthermore, to ensure an orderly transition,
28 continued access to medications, and appropriate patient education and
29 support, the department may establish uniform standards, payment poli-
30 cies and reimbursement methodologies for any sites where drugs may be
31 administered or dispensed under the fee for service program; provided
32 that, subject to the availability of federal financial participation,
33 when reimbursing covered entities, as defined under section 340B of the
34 public health service act (42 U.S.C. §256b), for drugs that would other-
35 wise be eligible for pricing under section 340B of the public health
36 service act, the department shall examine all reasonably available meth-
37 ods for determining actual acquisition cost and the professional
38 dispensing fee and, beginning in the fiscal year starting April 1,
39 [2021] 2023, review and adjust reimbursement for such drugs such that no
40 sooner than April 1, [2023] 2025, reimbursement shall be determined
41 based on a method that the commissioner determines that utilizes the
42 actual acquisition costs and professional dispensing fee.
43 § 2. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 1, 2021.
45 PART D
46 Section 1. Paragraph (c) of subdivision 8 of section 2807-c of the
47 public health law, as amended by section 2 of part KK of chapter 56 of
48 the laws of 2020, is amended to read as follows:
49 (c) In order to reconcile capital related inpatient expenses included
50 in rates of payment based on a budget to actual expenses and statistics
51 for the rate period for a general hospital, rates of payment for a
52 general hospital shall be adjusted to reflect the dollar value of the
53 difference between capital related inpatient expenses included in the
54 computation of rates of payment for a prior rate period based on a budg-
S. 2507--C 7 A. 3007--C
1 et and actual capital related inpatient expenses for such prior rate
2 period, each as determined in accordance with paragraph (a) of this
3 subdivision, adjusted to reflect increases or decreases in volume of
4 service in such prior rate period compared to statistics applied in
5 determining the capital related inpatient expenses component of rates of
6 payment based on a budget for such prior rate period. For rates effec-
7 tive [on and after] April first, two thousand twenty through March thir-
8 ty-first, two thousand twenty-one, the budgeted capital-related expenses
9 add-on as described in paragraph (a) of this subdivision, based on a
10 budget submitted in accordance to paragraph (a) of this subdivision,
11 shall be reduced by five percent relative to the rate in effect on such
12 date; and the actual capital expenses add-on as described in paragraph
13 (a) of this subdivision, based on actual expenses and statistics through
14 appropriate audit procedures in accordance with paragraph (a) of this
15 subdivision shall be reduced by five percent relative to the rate in
16 effect on such date. For rates effective on and after April first, two
17 thousand twenty-one, the budgeted capital-related expenses add-on as
18 described in paragraph (a) of this subdivision, based on a budget
19 submitted in accordance to paragraph (a) of this subdivision, shall be
20 reduced by ten percent relative to the rate in effect on such date; and
21 the actual capital expenses add-on as described in paragraph (a) of this
22 subdivision, based on actual expenses and statistics through appropriate
23 audit procedures in accordance with paragraph (a) of this subdivision
24 shall be reduced by ten percent relative to the rate in effect on such
25 date. For any rate year, all reconciliation add-on amounts calculated on
26 and after April first, two thousand twenty shall be reduced by ten
27 percent, and all reconciliation recoupment amounts calculated on or
28 after April first, two thousand twenty shall increase by ten percent.
29 Notwithstanding any inconsistent provision of subparagraph (i) of para-
30 graph (e) of subdivision nine of this section, capital related inpatient
31 expenses of a general hospital included in the computation of rates of
32 payment based on a budget shall not be included in the computation of a
33 volume adjustment made in accordance with such subparagraph. Adjustments
34 to rates of payment for a general hospital made pursuant to this para-
35 graph shall be made in accordance with paragraph (c) of subdivision
36 eleven of this section. Such adjustments shall not be carried forward
37 except for such volume adjustment as may be authorized in accordance
38 with subparagraph (i) of paragraph (e) of subdivision nine of this
39 section for such general hospital.
40 § 2. This act shall take effect immediately and shall be deemed to
41 have been in full force and effect on and after April 1, 2021.
42 PART E
43 Intentionally Omitted
44 PART F
45 Section 1. Subdivision 1 of section 2999-cc of the public health law,
46 as added by chapter 6 of the laws of 2015, is amended to read as
47 follows:
48 1. "Distant site" means a site at which a telehealth provider is
49 located while delivering health care services by means of telehealth.
50 Any site within the United States or United States' territories is
51 eligible to be a distant site for delivery and payment purposes.
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1 § 2. Subdivision 3 of section 2999-cc of the public health law, as
2 amended by section 2 of subpart C of part S of chapter 57 of the laws of
3 2018, is amended to read as follows:
4 3. "Originating site" means a site at which a patient is located at
5 the time health care services are delivered to him or her by means of
6 telehealth. [Originating sites shall be limited to: (a) facilities
7 licensed under articles twenty-eight and forty of this chapter; (b)
8 facilities as defined in subdivision six of section 1.03 of the mental
9 hygiene law; (c) certified and non-certified day and residential
10 programs funded or operated by the office for people with developmental
11 disabilities; (d) private physician's or dentist's offices located with-
12 in the state of New York; (e) any type of adult care facility licensed
13 under title two of article seven of the social services law; (f) public,
14 private and charter elementary and secondary schools, school age child
15 care programs, and child day care centers within the state of New York;
16 and (g) the patient's place of residence located within the state of New
17 York or other temporary location located within or outside the state of
18 New York.]
19 § 3. Paragraphs (w) and (x) of subdivision 2 of section 2999-cc of the
20 public health law, as amended by section 1 of part HH of chapter 56 of
21 the laws of 2020, are amended to read as follows:
22 (w) a care manager employed by or under contract to a health home
23 program, patient centered medical home, office for people with develop-
24 mental disabilities Care Coordination Organization (CCO), hospice or a
25 voluntary foster care agency certified by the office of children and
26 family services certified and licensed pursuant to article twenty-nine-i
27 of this chapter; [and]
28 (x) certified peer recovery advocate services providers certified by
29 the commissioner of addiction services and supports pursuant to section
30 19.18-b of the mental hygiene law, peer providers credentialed by the
31 commissioner of addiction services and supports and peers certified or
32 credentialed by the office of mental health; and
33 (y) any other provider as determined by the commissioner pursuant to
34 regulation or, in consultation with the commissioner, by the commission-
35 er of the office of mental health, the commissioner of the office of
36 addiction services and supports, or the commissioner of the office for
37 people with developmental disabilities pursuant to regulation.
38 § 4. This act shall take effect April 1, 2021; provided, however, if
39 this act shall have become a law after such date it shall take effect
40 immediately and shall be deemed to have been in full force and effect on
41 and after April 1, 2021.
42 PART G
43 Section 1. The public health law is amended by adding a new article
44 29-J to read as follows:
45 ARTICLE 29-J
46 MEDICAL RESPITE PROGRAM
47 Section 2999-hh. Medical respite program.
48 § 2999-hh. Medical respite program. 1. Definitions. As used in this
49 article, the following terms shall have the following meanings, unless
50 the context clearly otherwise requires:
51 (a) "Medical respite program" means a not-for-profit corporation
52 certified pursuant to subdivision two of this section to serve recipi-
53 ents whose prognosis or diagnosis necessitates the receipt of:
54 (i) Temporary room and board; and
S. 2507--C 9 A. 3007--C
1 (ii) The provision or arrangement of the provision of health care and
2 support services; provided, however, that the operation of a medical
3 respite program shall be separate and distinct from any housing programs
4 offered to individuals who do not qualify as recipients.
5 (b) "Recipient" means an individual who:
6 (i) Has a qualifying health condition that requires treatment or care;
7 (ii) Does not require hospital inpatient, observation unit, or emer-
8 gency room level of care, or a medically indicated emergency department
9 or observation visit; and
10 (iii) Is experiencing homelessness or at imminent risk of homeless-
11 ness. A person shall be deemed "homeless" if they lack a fixed, regular
12 and adequate nighttime residence in a location ordinarily used as a
13 regular sleeping accommodation for people; provided, however, that an
14 operator of a medical respite program shall be permitted to specialize
15 by providing services to a subpopulation of homeless recipients if
16 necessary to respond to community need or ensure the availability of a
17 funding source that will support the medical respite program's oper-
18 ations, and such limitations are otherwise consistent with any rules or
19 regulations made pursuant to this section.
20 2. Certification. (a) Notwithstanding any inconsistent provision of
21 law, the commissioner may certify a not-for-profit corporation as an
22 operator of a medical respite program.
23 (b) The commissioner may make regulations to establish procedures to
24 review and approve applications for a certification pursuant to this
25 article, which shall, at a minimum, specify standards for: recipient
26 eligibility; medical respite program services that shall be provided;
27 physical environment; staffing; and policies and procedures governing
28 health and safety, length of stay, referrals, discharge, and coordi-
29 nation of care.
30 3. Operating standards; responsibility for standards. (a) Medical
31 respite programs certified pursuant to this article shall:
32 (i) Provide recipients with temporary room and board; and
33 (ii) Provide, or arrange for the provision of, health care and support
34 services to recipients.
35 (b) Nothing in this article shall affect the application, qualifica-
36 tion, or requirements that may apply to an operator with respect to any
37 other licenses or operating certificates that such operator may hold,
38 including, without limitation, under article twenty-eight of this chap-
39 ter or article seven of the social services law.
40 4. Temporary accommodation. A medical respite program shall be consid-
41 ered a form of emergency shelter or temporary shelter for purposes of
42 determining a recipient's eligibility for housing programs or benefits
43 administered by the state or by a local social services district,
44 including programs or benefits that support access to accommodations of
45 a temporary, transitional, or permanent nature. No claim of recovery
46 shall accrue against a recipient to recover the cost of care and
47 services provided under this article. Care and services provided under
48 this article shall not be deemed public benefits that would affect a
49 recipient's immigration status under federal law.
50 5. Inspections and compliance. The commissioner shall have the author-
51 ity to inquire into the operation of any certified medical respite
52 program and to conduct periodic inspections of facilities with respect
53 to the fitness and adequacy of the premises, equipment, personnel, rules
54 and by-laws, standards of medical care and services, system of accounts,
55 records, and the adequacy of financial resources and sources of future
56 revenues.
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1 6. Suspension or revocation of certification. (a) A certification for
2 a medical respite program may be revoked, suspended, limited, annulled
3 or denied by the commissioner, in consultation with either the commis-
4 sioners of the office of mental health, the office of temporary and
5 disability assistance, or the office of addiction services and supports,
6 as appropriate based on a determination of the department depending on
7 the diagnosis or stated needs of the individuals being served or
8 proposed to be served in the medical respite program, if an operator is
9 determined to have failed to comply with this article or the rules and
10 regulations made pursuant to this section. No action taken against an
11 operator under this subdivision shall affect an operator's other
12 licenses or certifications; provided however, that the facts that gave
13 rise to the revocation, suspension, limitation, annulment or denial of
14 certification may also form the basis of a limitation, suspension of
15 revocation of such other licenses or certifications.
16 (b) No medical respite program certification shall be revoked,
17 suspended, limited, annulled or denied without a hearing; provided that
18 a certification may be temporarily suspended or limited without a hear-
19 ing for a period not in excess of thirty days upon written notice that
20 the continuation of the medical respite program places the health or
21 safety of the recipients in imminent danger, and that the action is in
22 the interest of the recipients. However, the department shall not make
23 a determination until the program has had a reasonable opportunity,
24 following the initial determination that the program places the health
25 or safety of the recipients in imminent danger, to correct its deficien-
26 cies and following this period, which shall be up to thirty calendar
27 days, has been given written notice and opportunity for hearing.
28 (c) Nothing in this section shall prevent the commissioner from impos-
29 ing sanctions or penalties on a medical respite program that are author-
30 ized under any other law or regulation.
31 7. The commissioner shall promulgate regulations to implement this
32 article.
33 § 2. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after April 1, 2021.
35 PART H
36 Section 1. The title heading of title 11-D of article 5 of the social
37 services law, as added by chapter 1 of the laws of 1999, is amended to
38 read as follows:
39 [FAMILY] BASIC HEALTH [PLUS] PROGRAM
40 § 2. Paragraphs (c) and (e) of subdivision 1, paragraph (d) of subdi-
41 vision 3, subdivision 5 and subdivision 7 of section 369-gg of the
42 social services law, as added by section 51 of part C of chapter 60 of
43 the laws of 2014 and subdivision 7 as renumbered by section 28 of part B
44 of chapter 57 of the laws of 2015, are amended to read as follows:
45 (c) "Health care services" means (i) the services and supplies as
46 defined by the commissioner in consultation with the superintendent of
47 financial services, and shall be consistent with and subject to the
48 essential health benefits as defined by the commissioner in accordance
49 with the provisions of the patient protection and affordable care act
50 (P.L. 111-148) and consistent with the benefits provided by the refer-
51 ence plan selected by the commissioner for the purposes of defining such
52 benefits[;], and (ii) dental and vision services as defined by the
53 commissioner;
S. 2507--C 11 A. 3007--C
1 (e) "Basic health insurance plan" means a standard health plan provid-
2 ing health care services, separate and apart from qualified health
3 plans, that is issued by an approved organization and certified in
4 accordance with this section.
5 (d) (i) has household income at or below two hundred percent of the
6 federal poverty line defined and annually revised by the United States
7 department of health and human services for a household of the same
8 size; and (ii) has household income that exceeds one hundred thirty-
9 three percent of the federal poverty line defined and annually revised
10 by the United States department of health and human services for a
11 household of the same size; however, MAGI eligible aliens lawfully pres-
12 ent in the United States with household incomes at or below one hundred
13 thirty-three percent of the federal poverty line shall be eligible to
14 receive coverage for health care services pursuant to the provisions of
15 this title if such alien would be ineligible for medical assistance
16 under title eleven of this article due to his or her immigration status.
17 An applicant who fails to make an applicable premium payment, if any,
18 shall lose eligibility to receive coverage for health care services in
19 accordance with time frames and procedures determined by the commission-
20 er.
21 5. Premiums and cost sharing. (a) Subject to federal approval, the
22 commissioner shall establish premium payments enrollees shall pay to
23 approved organizations for coverage of health care services pursuant to
24 this title. [Such premium payments shall be established in the following
25 manner:
26 (i) up to twenty dollars monthly for an individual with a household
27 income above one hundred and fifty percent of the federal poverty line
28 but at or below two hundred percent of the federal poverty line defined
29 and annually revised by the United States department of health and human
30 services for a household of the same size; and
31 (ii) no] No payment is required for individuals with a household
32 income at or below [one hundred and fifty] two hundred percent of the
33 federal poverty line defined and annually revised by the United States
34 department of health and human services for a household of the same
35 size.
36 (b) The commissioner shall establish cost sharing obligations for
37 enrollees, subject to federal approval. There shall be no cost-sharing
38 obligations for enrollees for dental and vision services as defined in
39 subparagraph (ii) of paragraph (c) of subdivision one of this section.
40 7. Any funds transferred by the secretary of health and human services
41 to the state pursuant to 42 U.S.C. 18051(d) shall be deposited in trust.
42 Funds from the trust shall be used for providing health benefits through
43 an approved organization, which, at a minimum, shall include essential
44 health benefits as defined in 42 U.S.C. 18022(b); to reduce the
45 premiums, if any, and cost sharing of participants in the basic health
46 program; or for such other purposes as may be allowed by the secretary
47 of health and human services. Health benefits available through the
48 basic health program shall be provided by one or more approved organiza-
49 tions pursuant to an agreement with the department of health and shall
50 meet the requirements of applicable federal and state laws and regu-
51 lations.
52 § 3. This act shall take effect June 1, 2021 and shall expire and be
53 deemed repealed should federal approval be withdrawn or 42 U.S.C. 18051
54 be repealed; provided that the commissioner of health shall notify the
55 legislative bill drafting commission upon the withdrawal of federal
56 approval or the repeal of 42 U.S.C. 18051 in order that the commission
S. 2507--C 12 A. 3007--C
1 may maintain an accurate and timely effective data base of the official
2 text of the laws of the state of New York in furtherance of effectuating
3 the provisions of section 44 of the legislative law and section 70-b of
4 the public officers law.
5 PART I
6 Intentionally Omitted
7 PART J
8 Intentionally Omitted
9 PART K
10 Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
11 of the laws of 1986, amending the civil practice law and rules and other
12 laws relating to malpractice and professional medical conduct, as
13 amended by section 1 of part AAA of chapter 56 of the laws of 2020, is
14 amended to read as follows:
15 (a) The superintendent of financial services and the commissioner of
16 health or their designee shall, from funds available in the hospital
17 excess liability pool created pursuant to subdivision 5 of this section,
18 purchase a policy or policies for excess insurance coverage, as author-
19 ized by paragraph 1 of subsection (e) of section 5502 of the insurance
20 law; or from an insurer, other than an insurer described in section 5502
21 of the insurance law, duly authorized to write such coverage and actual-
22 ly writing medical malpractice insurance in this state; or shall
23 purchase equivalent excess coverage in a form previously approved by the
24 superintendent of financial services for purposes of providing equiv-
25 alent excess coverage in accordance with section 19 of chapter 294 of
26 the laws of 1985, for medical or dental malpractice occurrences between
27 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
28 between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
29 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
30 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
31 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
32 between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
33 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
34 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
35 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
36 between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
37 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
38 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
39 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
40 between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
41 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
42 and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
43 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
44 between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
45 30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
46 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021, and
47 between July 1, 2021 and June 30, 2022 or reimburse the hospital where
48 the hospital purchases equivalent excess coverage as defined in subpara-
49 graph (i) of paragraph (a) of subdivision 1-a of this section for
50 medical or dental malpractice occurrences between July 1, 1987 and June
S. 2507--C 13 A. 3007--C
1 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
2 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
3 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
4 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
5 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
6 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
7 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
8 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
9 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
10 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
11 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
12 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
13 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
14 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
15 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
16 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
17 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
18 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
19 1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
20 and between July 1, 2021 and June 30, 2022 for physicians or dentists
21 certified as eligible for each such period or periods pursuant to subdi-
22 vision 2 of this section by a general hospital licensed pursuant to
23 article 28 of the public health law; provided that no single insurer
24 shall write more than fifty percent of the total excess premium for a
25 given policy year; and provided, however, that such eligible physicians
26 or dentists must have in force an individual policy, from an insurer
27 licensed in this state of primary malpractice insurance coverage in
28 amounts of no less than one million three hundred thousand dollars for
29 each claimant and three million nine hundred thousand dollars for all
30 claimants under that policy during the period of such excess coverage
31 for such occurrences or be endorsed as additional insureds under a
32 hospital professional liability policy which is offered through a volun-
33 tary attending physician ("channeling") program previously permitted by
34 the superintendent of financial services during the period of such
35 excess coverage for such occurrences. During such period, such policy
36 for excess coverage or such equivalent excess coverage shall, when
37 combined with the physician's or dentist's primary malpractice insurance
38 coverage or coverage provided through a voluntary attending physician
39 ("channeling") program, total an aggregate level of two million three
40 hundred thousand dollars for each claimant and six million nine hundred
41 thousand dollars for all claimants from all such policies with respect
42 to occurrences in each of such years provided, however, if the cost of
43 primary malpractice insurance coverage in excess of one million dollars,
44 but below the excess medical malpractice insurance coverage provided
45 pursuant to this act, exceeds the rate of nine percent per annum, then
46 the required level of primary malpractice insurance coverage in excess
47 of one million dollars for each claimant shall be in an amount of not
48 less than the dollar amount of such coverage available at nine percent
49 per annum; the required level of such coverage for all claimants under
50 that policy shall be in an amount not less than three times the dollar
51 amount of coverage for each claimant; and excess coverage, when combined
52 with such primary malpractice insurance coverage, shall increase the
53 aggregate level for each claimant by one million dollars and three
54 million dollars for all claimants; and provided further, that, with
55 respect to policies of primary medical malpractice coverage that include
56 occurrences between April 1, 2002 and June 30, 2002, such requirement
S. 2507--C 14 A. 3007--C
1 that coverage be in amounts no less than one million three hundred thou-
2 sand dollars for each claimant and three million nine hundred thousand
3 dollars for all claimants for such occurrences shall be effective April
4 1, 2002.
5 § 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
6 amending the civil practice law and rules and other laws relating to
7 malpractice and professional medical conduct, as amended by section 2 of
8 part AAA of chapter 56 of the laws of 2020, is amended to read as
9 follows:
10 (3)(a) The superintendent of financial services shall determine and
11 certify to each general hospital and to the commissioner of health the
12 cost of excess malpractice insurance for medical or dental malpractice
13 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
14 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
15 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
16 between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
17 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
18 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
19 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
20 between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
21 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
22 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
23 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
24 between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
25 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
26 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
27 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, [and]
28 between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
29 30, 2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
30 2016 and June 30, 2017, between July 1, 2017 and June 30, 2018, between
31 July 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
32 [and] between July 1, 2020 and June 30, 2021, and between July 1, 2021
33 and June 30, 2022 allocable to each general hospital for physicians or
34 dentists certified as eligible for purchase of a policy for excess
35 insurance coverage by such general hospital in accordance with subdivi-
36 sion 2 of this section, and may amend such determination and certif-
37 ication as necessary.
38 (b) The superintendent of financial services shall determine and
39 certify to each general hospital and to the commissioner of health the
40 cost of excess malpractice insurance or equivalent excess coverage for
41 medical or dental malpractice occurrences between July 1, 1987 and June
42 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
43 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
44 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
45 between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
46 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
47 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
48 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
49 between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
50 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
51 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
52 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
53 between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
54 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
55 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
56 1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
S. 2507--C 15 A. 3007--C
1 between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
2 30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
3 and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
4 1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
5 and between July 1, 2021 and June 30, 2022 allocable to each general
6 hospital for physicians or dentists certified as eligible for purchase
7 of a policy for excess insurance coverage or equivalent excess coverage
8 by such general hospital in accordance with subdivision 2 of this
9 section, and may amend such determination and certification as neces-
10 sary. The superintendent of financial services shall determine and
11 certify to each general hospital and to the commissioner of health the
12 ratable share of such cost allocable to the period July 1, 1987 to
13 December 31, 1987, to the period January 1, 1988 to June 30, 1988, to
14 the period July 1, 1988 to December 31, 1988, to the period January 1,
15 1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989,
16 to the period January 1, 1990 to June 30, 1990, to the period July 1,
17 1990 to December 31, 1990, to the period January 1, 1991 to June 30,
18 1991, to the period July 1, 1991 to December 31, 1991, to the period
19 January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
20 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
21 July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
22 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
23 January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
24 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
25 July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
26 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
27 January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
28 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
29 July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
31 January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
32 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
33 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
34 the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
35 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
36 period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
37 June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
38 period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
39 June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
40 period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
41 June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
42 period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
43 30, 2019, to the period July 1, 2019 to June 30, 2020, [and] to the
44 period July 1, 2020 to June 30, 2021, and to the period July 1, 2021 to
45 June 30, 2022.
46 § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
47 18 of chapter 266 of the laws of 1986, amending the civil practice law
48 and rules and other laws relating to malpractice and professional
49 medical conduct, as amended by section 3 of part AAA of chapter 56 of
50 the laws of 2020, are amended to read as follows:
51 (a) To the extent funds available to the hospital excess liability
52 pool pursuant to subdivision 5 of this section as amended, and pursuant
53 to section 6 of part J of chapter 63 of the laws of 2001, as may from
54 time to time be amended, which amended this subdivision, are insuffi-
55 cient to meet the costs of excess insurance coverage or equivalent
56 excess coverage for coverage periods during the period July 1, 1992 to
S. 2507--C 16 A. 3007--C
1 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
2 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
3 to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
4 during the period July 1, 1997 to June 30, 1998, during the period July
5 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
6 2000, during the period July 1, 2000 to June 30, 2001, during the period
7 July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
8 June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
9 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
10 to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
11 during the period July 1, 2006 to June 30, 2007, during the period July
12 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
13 2009, during the period July 1, 2009 to June 30, 2010, during the period
14 July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
15 30, 2012, during the period July 1, 2012 to June 30, 2013, during the
16 period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
17 June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
18 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
19 to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
20 during the period July 1, 2019 to June 30, 2020, [and] during the period
21 July 1, 2020 to June 30, 2021, and during the period July 1, 2021 to
22 June 30, 2022 allocated or reallocated in accordance with paragraph (a)
23 of subdivision 4-a of this section to rates of payment applicable to
24 state governmental agencies, each physician or dentist for whom a policy
25 for excess insurance coverage or equivalent excess coverage is purchased
26 for such period shall be responsible for payment to the provider of
27 excess insurance coverage or equivalent excess coverage of an allocable
28 share of such insufficiency, based on the ratio of the total cost of
29 such coverage for such physician to the sum of the total cost of such
30 coverage for all physicians applied to such insufficiency.
31 (b) Each provider of excess insurance coverage or equivalent excess
32 coverage covering the period July 1, 1992 to June 30, 1993, or covering
33 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
34 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
35 1996, or covering the period July 1, 1996 to June 30, 1997, or covering
36 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
37 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
38 2000, or covering the period July 1, 2000 to June 30, 2001, or covering
39 the period July 1, 2001 to October 29, 2001, or covering the period
40 April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
41 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
42 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
43 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
44 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
45 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
46 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
47 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
48 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
49 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
50 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
51 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
52 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
53 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
54 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
55 od July 1, 2021 to June 30, 2022 shall notify a covered physician or
56 dentist by mail, mailed to the address shown on the last application for
S. 2507--C 17 A. 3007--C
1 excess insurance coverage or equivalent excess coverage, of the amount
2 due to such provider from such physician or dentist for such coverage
3 period determined in accordance with paragraph (a) of this subdivision.
4 Such amount shall be due from such physician or dentist to such provider
5 of excess insurance coverage or equivalent excess coverage in a time and
6 manner determined by the superintendent of financial services.
7 (c) If a physician or dentist liable for payment of a portion of the
8 costs of excess insurance coverage or equivalent excess coverage cover-
9 ing the period July 1, 1992 to June 30, 1993, or covering the period
10 July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
11 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
12 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
13 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
14 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
15 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
16 od July 1, 2001 to October 29, 2001, or covering the period April 1,
17 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
18 2003, or covering the period July 1, 2003 to June 30, 2004, or covering
19 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
20 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
21 2007, or covering the period July 1, 2007 to June 30, 2008, or covering
22 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
23 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
24 2011, or covering the period July 1, 2011 to June 30, 2012, or covering
25 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
26 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
27 2015, or covering the period July 1, 2015 to June 30, 2016, or covering
28 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
29 2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
30 2019, or covering the period July 1, 2019 to June 30, 2020, or covering
31 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
32 2021 to June 30, 2022 determined in accordance with paragraph (a) of
33 this subdivision fails, refuses or neglects to make payment to the
34 provider of excess insurance coverage or equivalent excess coverage in
35 such time and manner as determined by the superintendent of financial
36 services pursuant to paragraph (b) of this subdivision, excess insurance
37 coverage or equivalent excess coverage purchased for such physician or
38 dentist in accordance with this section for such coverage period shall
39 be cancelled and shall be null and void as of the first day on or after
40 the commencement of a policy period where the liability for payment
41 pursuant to this subdivision has not been met.
42 (d) Each provider of excess insurance coverage or equivalent excess
43 coverage shall notify the superintendent of financial services and the
44 commissioner of health or their designee of each physician and dentist
45 eligible for purchase of a policy for excess insurance coverage or
46 equivalent excess coverage covering the period July 1, 1992 to June 30,
47 1993, or covering the period July 1, 1993 to June 30, 1994, or covering
48 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
49 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
50 1997, or covering the period July 1, 1997 to June 30, 1998, or covering
51 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
52 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
53 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
54 ing the period April 1, 2002 to June 30, 2002, or covering the period
55 July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
56 June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
S. 2507--C 18 A. 3007--C
1 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
2 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
3 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
4 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
5 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
6 June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
7 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
8 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
9 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
10 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
11 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
12 June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
13 covering the period July 1, 2021 to June 30, 2022 that has made payment
14 to such provider of excess insurance coverage or equivalent excess
15 coverage in accordance with paragraph (b) of this subdivision and of
16 each physician and dentist who has failed, refused or neglected to make
17 such payment.
18 (e) A provider of excess insurance coverage or equivalent excess
19 coverage shall refund to the hospital excess liability pool any amount
20 allocable to the period July 1, 1992 to June 30, 1993, and to the period
21 July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
22 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
23 period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
24 June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
25 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
26 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
27 and to the period April 1, 2002 to June 30, 2002, and to the period July
28 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
29 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
30 July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
31 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
32 period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
33 June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
34 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
35 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
36 to the period July 1, 2014 to June 30, 2015, and to the period July 1,
37 2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
38 to the period July 1, 2017 to June 30, 2018, and to the period July 1,
39 2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
40 and to the period July 1, 2020 to June 30, 2021, and to the period July
41 1, 2021 to June 30, 2022 received from the hospital excess liability
42 pool for purchase of excess insurance coverage or equivalent excess
43 coverage covering the period July 1, 1992 to June 30, 1993, and covering
44 the period July 1, 1993 to June 30, 1994, and covering the period July
45 1, 1994 to June 30, 1995, and covering the period July 1, 1995 to June
46 30, 1996, and covering the period July 1, 1996 to June 30, 1997, and
47 covering the period July 1, 1997 to June 30, 1998, and covering the
48 period July 1, 1998 to June 30, 1999, and covering the period July 1,
49 1999 to June 30, 2000, and covering the period July 1, 2000 to June 30,
50 2001, and covering the period July 1, 2001 to October 29, 2001, and
51 covering the period April 1, 2002 to June 30, 2002, and covering the
52 period July 1, 2002 to June 30, 2003, and covering the period July 1,
53 2003 to June 30, 2004, and covering the period July 1, 2004 to June 30,
54 2005, and covering the period July 1, 2005 to June 30, 2006, and cover-
55 ing the period July 1, 2006 to June 30, 2007, and covering the period
56 July 1, 2007 to June 30, 2008, and covering the period July 1, 2008 to
S. 2507--C 19 A. 3007--C
1 June 30, 2009, and covering the period July 1, 2009 to June 30, 2010,
2 and covering the period July 1, 2010 to June 30, 2011, and covering the
3 period July 1, 2011 to June 30, 2012, and covering the period July 1,
4 2012 to June 30, 2013, and covering the period July 1, 2013 to June 30,
5 2014, and covering the period July 1, 2014 to June 30, 2015, and cover-
6 ing the period July 1, 2015 to June 30, 2016, and covering the period
7 July 1, 2016 to June 30, 2017, and covering the period July 1, 2017 to
8 June 30, 2018, and covering the period July 1, 2018 to June 30, 2019,
9 and covering the period July 1, 2019 to June 30, 2020, and covering the
10 period July 1, 2020 to June 30, 2021, and covering the period July 1,
11 2021 to June 30, 2022 for a physician or dentist where such excess
12 insurance coverage or equivalent excess coverage is cancelled in accord-
13 ance with paragraph (c) of this subdivision.
14 § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
15 practice law and rules and other laws relating to malpractice and
16 professional medical conduct, as amended by section 5 of part AAA of
17 chapter 56 of the laws of 2020, is amended to read as follows:
18 § 40. The superintendent of financial services shall establish rates
19 for policies providing coverage for physicians and surgeons medical
20 malpractice for the periods commencing July 1, 1985 and ending June 30,
21 [2021] 2022; provided, however, that notwithstanding any other provision
22 of law, the superintendent shall not establish or approve any increase
23 in rates for the period commencing July 1, 2009 and ending June 30,
24 2010. The superintendent shall direct insurers to establish segregated
25 accounts for premiums, payments, reserves and investment income attrib-
26 utable to such premium periods and shall require periodic reports by the
27 insurers regarding claims and expenses attributable to such periods to
28 monitor whether such accounts will be sufficient to meet incurred claims
29 and expenses. On or after July 1, 1989, the superintendent shall impose
30 a surcharge on premiums to satisfy a projected deficiency that is
31 attributable to the premium levels established pursuant to this section
32 for such periods; provided, however, that such annual surcharge shall
33 not exceed eight percent of the established rate until July 1, [2021]
34 2022, at which time and thereafter such surcharge shall not exceed twen-
35 ty-five percent of the approved adequate rate, and that such annual
36 surcharges shall continue for such period of time as shall be sufficient
37 to satisfy such deficiency. The superintendent shall not impose such
38 surcharge during the period commencing July 1, 2009 and ending June 30,
39 2010. On and after July 1, 1989, the surcharge prescribed by this
40 section shall be retained by insurers to the extent that they insured
41 physicians and surgeons during the July 1, 1985 through June 30, [2021]
42 2022 policy periods; in the event and to the extent physicians and
43 surgeons were insured by another insurer during such periods, all or a
44 pro rata share of the surcharge, as the case may be, shall be remitted
45 to such other insurer in accordance with rules and regulations to be
46 promulgated by the superintendent. Surcharges collected from physicians
47 and surgeons who were not insured during such policy periods shall be
48 apportioned among all insurers in proportion to the premium written by
49 each insurer during such policy periods; if a physician or surgeon was
50 insured by an insurer subject to rates established by the superintendent
51 during such policy periods, and at any time thereafter a hospital,
52 health maintenance organization, employer or institution is responsible
53 for responding in damages for liability arising out of such physician's
54 or surgeon's practice of medicine, such responsible entity shall also
55 remit to such prior insurer the equivalent amount that would then be
56 collected as a surcharge if the physician or surgeon had continued to
S. 2507--C 20 A. 3007--C
1 remain insured by such prior insurer. In the event any insurer that
2 provided coverage during such policy periods is in liquidation, the
3 property/casualty insurance security fund shall receive the portion of
4 surcharges to which the insurer in liquidation would have been entitled.
5 The surcharges authorized herein shall be deemed to be income earned for
6 the purposes of section 2303 of the insurance law. The superintendent,
7 in establishing adequate rates and in determining any projected defi-
8 ciency pursuant to the requirements of this section and the insurance
9 law, shall give substantial weight, determined in his discretion and
10 judgment, to the prospective anticipated effect of any regulations
11 promulgated and laws enacted and the public benefit of stabilizing
12 malpractice rates and minimizing rate level fluctuation during the peri-
13 od of time necessary for the development of more reliable statistical
14 experience as to the efficacy of such laws and regulations affecting
15 medical, dental or podiatric malpractice enacted or promulgated in 1985,
16 1986, by this act and at any other time. Notwithstanding any provision
17 of the insurance law, rates already established and to be established by
18 the superintendent pursuant to this section are deemed adequate if such
19 rates would be adequate when taken together with the maximum authorized
20 annual surcharges to be imposed for a reasonable period of time whether
21 or not any such annual surcharge has been actually imposed as of the
22 establishment of such rates.
23 § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
24 chapter 63 of the laws of 2001, amending chapter 266 of the laws of
25 1986, amending the civil practice law and rules and other laws relating
26 to malpractice and professional medical conduct, as amended by section 6
27 of part AAA of chapter 56 of the laws of 2020, are amended to read as
28 follows:
29 § 5. The superintendent of financial services and the commissioner of
30 health shall determine, no later than June 15, 2002, June 15, 2003, June
31 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
32 June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
33 2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
34 15, 2018, June 15, 2019, June 15, 2020, [and] June 15, 2021, and June
35 15, 2022 the amount of funds available in the hospital excess liability
36 pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
37 and whether such funds are sufficient for purposes of purchasing excess
38 insurance coverage for eligible participating physicians and dentists
39 during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
40 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
41 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
42 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30,
43 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30,
44 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30,
45 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June 30,
46 2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30,
47 2017, or July 1, 2017 to June 30, 2018, or July 1, 2018 to June 30,
48 2019, or July 1, 2019 to June 30, 2020, or July 1, 2020 to June 30,
49 2021, or July 1, 2021 to June 30, 2022 as applicable.
50 (a) This section shall be effective only upon a determination, pursu-
51 ant to section five of this act, by the superintendent of financial
52 services and the commissioner of health, and a certification of such
53 determination to the state director of the budget, the chair of the
54 senate committee on finance and the chair of the assembly committee on
55 ways and means, that the amount of funds in the hospital excess liabil-
56 ity pool, created pursuant to section 18 of chapter 266 of the laws of
S. 2507--C 21 A. 3007--C
1 1986, is insufficient for purposes of purchasing excess insurance cover-
2 age for eligible participating physicians and dentists during the period
3 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
4 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
5 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
6 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
7 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
8 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
9 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
10 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
11 2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
12 2020, or July 1, 2020 to June 30, 2021, or July 1, 2021 to June 30, 2022
13 as applicable.
14 (e) The commissioner of health shall transfer for deposit to the
15 hospital excess liability pool created pursuant to section 18 of chapter
16 266 of the laws of 1986 such amounts as directed by the superintendent
17 of financial services for the purchase of excess liability insurance
18 coverage for eligible participating physicians and dentists for the
19 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
20 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
21 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
22 2007, as applicable, and the cost of administering the hospital excess
23 liability pool for such applicable policy year, pursuant to the program
24 established in chapter 266 of the laws of 1986, as amended, no later
25 than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
26 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
27 June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
28 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
29 15, 2020, [and] June 15, 2021, and June 15, 2022 as applicable.
30 § 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
31 the New York Health Care Reform Act of 1996 and other laws relating to
32 extending certain provisions thereto, as amended by section 7 of part
33 AAA of chapter 56 of the laws of 2020, is amended to read as follows:
34 § 20. Notwithstanding any law, rule or regulation to the contrary,
35 only physicians or dentists who were eligible, and for whom the super-
36 intendent of financial services and the commissioner of health, or their
37 designee, purchased, with funds available in the hospital excess liabil-
38 ity pool, a full or partial policy for excess coverage or equivalent
39 excess coverage for the coverage period ending the thirtieth of June,
40 two thousand [twenty] twenty-one, shall be eligible to apply for such
41 coverage for the coverage period beginning the first of July, two thou-
42 sand [twenty] twenty-one; provided, however, if the total number of
43 physicians or dentists for whom such excess coverage or equivalent
44 excess coverage was purchased for the policy year ending the thirtieth
45 of June, two thousand [twenty] twenty-one exceeds the total number of
46 physicians or dentists certified as eligible for the coverage period
47 beginning the first of July, two thousand [twenty] twenty-one, then the
48 general hospitals may certify additional eligible physicians or dentists
49 in a number equal to such general hospital's proportional share of the
50 total number of physicians or dentists for whom excess coverage or
51 equivalent excess coverage was purchased with funds available in the
52 hospital excess liability pool as of the thirtieth of June, two thousand
53 [twenty] twenty-one, as applied to the difference between the number of
54 eligible physicians or dentists for whom a policy for excess coverage or
55 equivalent excess coverage was purchased for the coverage period ending
56 the thirtieth of June, two thousand [twenty] twenty-one and the number
S. 2507--C 22 A. 3007--C
1 of such eligible physicians or dentists who have applied for excess
2 coverage or equivalent excess coverage for the coverage period beginning
3 the first of July, two thousand [twenty] twenty-one.
4 § 7. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2021.
6 PART L
7 Intentionally Omitted
8 PART M
9 Section 1. Subdivision 1 of section 265-a of the public health law, as
10 added by section 1 of part H of chapter 58 of the laws of 2007, is
11 amended to read as follows:
12 1. The empire state stem cell board ("board"), comprised of a funding
13 committee and an ethics committee, both of which shall be chaired by the
14 commissioner, is hereby created within the department for the purpose of
15 administering the empire state stem cell trust fund ("fund"), created
16 pursuant to section ninety-nine-p of the state finance law. The board is
17 hereby empowered, subject to annual appropriations and other funding
18 authorized or made available, to make grants to basic, applied, transla-
19 tional or other research and development activities that will advance
20 scientific discoveries in fields related to stem cell biology; provided,
21 however, that the board shall not make any grants on or after April
22 first, two thousand twenty-one.
23 § 2. Section 4 of part H of chapter 58 of the laws of 2007 amending
24 the public health law, the public officers law and the state finance law
25 relating to establishing the empire state stem cell board, is amended to
26 read as follows:
27 § 4. This act shall take effect immediately and shall be deemed to
28 have been in full force and effect on and after April 1, 2007 and shall
29 expire and be deemed repealed December 31, 2025.
30 § 3. This act shall take effect immediately and shall be deemed to
31 have been in full force and effect on and after April 1, 2021; provided,
32 however, the amendments to section 265-a of the public health law made
33 by section one of this act shall not affect the expiration of such
34 section and shall be deemed to expire therewith.
35 PART N
36 Intentionally Omitted
37 PART O
38 Intentionally Omitted
39 PART P
40 Intentionally Omitted
41 PART Q
42 Intentionally Omitted
S. 2507--C 23 A. 3007--C
1 PART R
2 Intentionally Omitted
3 PART S
4 Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
5 public health law relating to authorizing bad debt and charity care
6 allowances for certified home health agencies, as amended by section 3
7 of part E of chapter 57 of the laws of 2019, is amended to read as
8 follows:
9 § 11. This act shall take effect immediately and:
10 (a) sections one and three shall expire on December 31, 1996,
11 (b) sections four through ten shall expire on June 30, [2021] 2023,
12 and
13 (c) provided that the amendment to section 2807-b of the public health
14 law by section two of this act shall not affect the expiration of such
15 section 2807-b as otherwise provided by law and shall be deemed to
16 expire therewith.
17 § 2. Subdivision (a) of section 40 of part B of chapter 109 of the
18 laws of 2010, amending the social services law relating to transporta-
19 tion costs, as amended by section 5 of part E of chapter 57 of the laws
20 of 2019, is amended to read as follows:
21 (a) sections two, three, three-a, three-b, three-c, three-d, three-e
22 and twenty-one of this act shall take effect July 1, 2010; sections
23 fifteen, sixteen, seventeen, eighteen and nineteen of this act shall
24 take effect January 1, 2011; and provided further that section twenty of
25 this act shall be deemed repealed [ten] sixteen years after the date the
26 contract entered into pursuant to section 365-h of the social services
27 law, as amended by section twenty of this act, is executed; provided
28 that the commissioner of health shall notify the legislative bill draft-
29 ing commission upon the execution of the contract entered into pursuant
30 to section [367-h] 365-h of the social services law in order that the
31 commission may maintain an accurate and timely effective data base of
32 the official text of the laws of the state of New York in furtherance of
33 effectuating the provisions of section 44 of the legislative law and
34 section 70-b of the public officers law;
35 § 3. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
36 amending the public health law and other laws relating to medical
37 reimbursement and welfare reform, as amended by section 12 of part E of
38 chapter 57 of the laws of 2019, is amended to read as follows:
39 5-a. Section sixty-four-a of this act shall be deemed to have been in
40 full force and effect on and after April 1, 1995 through March 31, 1999
41 and on and after July 1, 1999 through March 31, 2000 and on and after
42 April 1, 2000 through March 31, 2003 and on and after April 1, 2003
43 through March 31, 2007, and on and after April 1, 2007 through March 31,
44 2009, and on and after April 1, 2009 through March 31, 2011, and on and
45 after April 1, 2011 through March 31, 2013, and on and after April 1,
46 2013 through March 31, 2015, and on and after April 1, 2015 through
47 March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
48 and on and after April 1, 2019 through March 31, 2021, and on and after
49 April 1, 2021 through March 31, 2023;
50 § 4. Section 64-b of chapter 81 of the laws of 1995, amending the
51 public health law and other laws relating to medical reimbursement and
52 welfare reform, as amended by section 13 of part E of chapter 57 of the
53 laws of 2019, is amended to read as follows:
S. 2507--C 24 A. 3007--C
1 § 64-b. Notwithstanding any inconsistent provision of law, the
2 provisions of subdivision 7 of section 3614 of the public health law, as
3 amended, shall remain and be in full force and effect on April 1, 1995
4 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
5 and after April 1, 2000 through March 31, 2003 and on and after April 1,
6 2003 through March 31, 2007, and on and after April 1, 2007 through
7 March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
8 and on and after April 1, 2011 through March 31, 2013, and on and after
9 April 1, 2013 through March 31, 2015, and on and after April 1, 2015
10 through March 31, 2017 and on and after April 1, 2017 through March 31,
11 2019, and on and after April 1, 2019 through March 31, 2021, and on and
12 after April 1, 2021 through March 31, 2023.
13 § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending
14 chapter 59 of the laws of 2011 amending the public health law and other
15 laws relating to general hospital reimbursement for annual rates, as
16 amended by section 14 of part E of chapter 57 of the laws of 2019, is
17 amended to read as follows:
18 § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
19 2807-c of the public health law, section 21 of chapter 1 of the laws of
20 1999, or any other contrary provision of law, in determining rates of
21 payments by state governmental agencies effective for services provided
22 on and after January 1, 2017 through March 31, [2021] 2023, for inpa-
23 tient and outpatient services provided by general hospitals, for inpa-
24 tient services and adult day health care outpatient services provided by
25 residential health care facilities pursuant to article 28 of the public
26 health law, except for residential health care facilities or units of
27 such facilities providing services primarily to children under twenty-
28 one years of age, for home health care services provided pursuant to
29 article 36 of the public health law by certified home health agencies,
30 long term home health care programs and AIDS home care programs, and for
31 personal care services provided pursuant to section 365-a of the social
32 services law, the commissioner of health shall apply no greater than
33 zero trend factors attributable to the 2017, 2018, 2019, 2020, [and]
34 2021, 2022 and 2023 calendar years in accordance with paragraph (c) of
35 subdivision 10 of section 2807-c of the public health law, provided,
36 however, that such no greater than zero trend factors attributable to
37 such 2017, 2018, 2019, 2020, [and] 2021, 2022 and 2023 calendar years
38 shall also be applied to rates of payment provided on and after January
39 1, 2017 through March 31, [2021] 2023 for personal care services
40 provided in those local social services districts, including New York
41 city, whose rates of payment for such services are established by such
42 local social services districts pursuant to a rate-setting exemption
43 issued by the commissioner of health to such local social services
44 districts in accordance with applicable regulations; and provided
45 further, however, that for rates of payment for assisted living program
46 services provided on and after January 1, 2017 through March 31, [2021]
47 2023, such trend factors attributable to the 2017, 2018, 2019, 2020,
48 [and] 2021, 2022 and 2023 calendar years shall be established at no
49 greater than zero percent.
50 § 6. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
51 amending the public health law and other laws relating to medical
52 reimbursement and welfare reform, as amended by section 17 of part E of
53 chapter 57 of the laws of 2019, is amended to read as follows:
54 2. Sections five, seven through nine, twelve through fourteen, and
55 eighteen of this act shall be deemed to have been in full force and
56 effect on and after April 1, 1995 through March 31, 1999 and on and
S. 2507--C 25 A. 3007--C
1 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
2 through March 31, 2003 and on and after April 1, 2003 through March 31,
3 2006 and on and after April 1, 2006 through March 31, 2007 and on and
4 after April 1, 2007 through March 31, 2009 and on and after April 1,
5 2009 through March 31, 2011 and sections twelve, thirteen and fourteen
6 of this act shall be deemed to be in full force and effect on and after
7 April 1, 2011 through March 31, 2015 and on and after April 1, 2015
8 through March 31, 2017 and on and after April 1, 2017 through March 31,
9 2019, and on and after April 1, 2019 through March 31, 2021, and on and
10 after April 1, 2021 through March 31, 2023;
11 § 7. Section 7 of part H of chapter 57 of the laws of 2019, amending
12 the public health law relating to waiver of certain regulations, as
13 amended by section 11 of part BB of chapter 56 of the laws of 2020, is
14 amended to read as follows:
15 § 7. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2019, provided,
17 however, that section two of this act shall expire on April 1, [2021]
18 2022.
19 § 8. Section 5 of chapter 517 of the laws of 2016, amending the public
20 health law relating to payments from the New York state medical indem-
21 nity fund, as amended by section 18 of part Y of chapter 56 of the laws
22 of 2020, is amended to read as follows:
23 § 5. This act shall take effect on the forty-fifth day after it shall
24 have become a law, provided that the amendments to subdivision 4 of
25 section 2999-j of the public health law made by section two of this act
26 shall take effect on June 30, 2017 and shall expire and be deemed
27 repealed December 31, [2021] 2022.
28 § 9. Subdivision 1 of section 2999-aa of the public health law, as
29 amended by chapter 80 of the laws of 2017, is amended to read as
30 follows:
31 1. In order to promote improved quality and efficiency of, and access
32 to, health care services and to promote improved clinical outcomes to
33 the residents of New York, it shall be the policy of the state to
34 encourage, where appropriate, cooperative, collaborative and integrative
35 arrangements including but not limited to, mergers and acquisitions
36 among health care providers or among others who might otherwise be
37 competitors, under the active supervision of the commissioner. To the
38 extent such arrangements, or the planning and negotiations that precede
39 them, might be anti-competitive within the meaning and intent of the
40 state and federal antitrust laws, the intent of the state is to supplant
41 competition with such arrangements under the active supervision and
42 related administrative actions of the commissioner as necessary to
43 accomplish the purposes of this article, and to provide state action
44 immunity under the state and federal antitrust laws with respect to
45 activities undertaken by health care providers and others pursuant to
46 this article, where the benefits of such active supervision, arrange-
47 ments and actions of the commissioner outweigh any disadvantages likely
48 to result from a reduction of competition. The commissioner shall not
49 approve an arrangement for which state action immunity is sought under
50 this article without first consulting with, and receiving a recommenda-
51 tion from, the public health and health planning council. No arrangement
52 under this article shall be approved after December thirty-first, two
53 thousand [twenty] twenty-four.
54 § 10. Section 3 of part D of chapter 56 of the laws of 2014, amending
55 the education law relating to the nurse practitioners modernization act,
56 is amended to read as follows:
S. 2507--C 26 A. 3007--C
1 § 3. This act shall take effect on the first of January after it shall
2 have become a law and shall expire June 30 of the [sixth] seventh year
3 after it shall have become a law, when upon such date the provisions of
4 this act shall be deemed repealed; provided, however, that effective
5 immediately, the addition, amendment and/or repeal of any rule or regu-
6 lation necessary for the implementation of this act on its effective
7 date is authorized and directed to be made and completed on or before
8 such effective date.
9 § 11. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
10 2807-d of the public health law, as amended by section 9 of part E of
11 chapter 57 of the laws of 2019, is amended to read as follows:
12 (vi) Notwithstanding any contrary provision of this paragraph or any
13 other provision of law or regulation to the contrary, for residential
14 health care facilities the assessment shall be six percent of each resi-
15 dential health care facility's gross receipts received from all patient
16 care services and other operating income on a cash basis for the period
17 April first, two thousand two through March thirty-first, two thousand
18 three for hospital or health-related services, including adult day
19 services; provided, however, that residential health care facilities'
20 gross receipts attributable to payments received pursuant to title XVIII
21 of the federal social security act (medicare) shall be excluded from the
22 assessment; provided, however, that for all such gross receipts received
23 on or after April first, two thousand three through March thirty-first,
24 two thousand five, such assessment shall be five percent, and further
25 provided that for all such gross receipts received on or after April
26 first, two thousand five through March thirty-first, two thousand nine,
27 and on or after April first, two thousand nine through March thirty-
28 first, two thousand eleven such assessment shall be six percent, and
29 further provided that for all such gross receipts received on or after
30 April first, two thousand eleven through March thirty-first, two thou-
31 sand thirteen such assessment shall be six percent, and further provided
32 that for all such gross receipts received on or after April first, two
33 thousand thirteen through March thirty-first, two thousand fifteen such
34 assessment shall be six percent, and further provided that for all such
35 gross receipts received on or after April first, two thousand fifteen
36 through March thirty-first, two thousand seventeen such assessment shall
37 be six percent, and further provided that for all such gross receipts
38 received on or after April first, two thousand seventeen through March
39 thirty-first, two thousand nineteen such assessment shall be six
40 percent, and further provided that for all such gross receipts received
41 on or after April first, two thousand nineteen through March thirty-
42 first, two thousand twenty-one such assessment shall be six percent, and
43 further provided that for all such gross receipts received on or after
44 April first, two thousand twenty-one through March thirty-first, two
45 thousand twenty-three such assessment shall be six percent.
46 § 12. Section 2 of chapter 66 of the laws of 2016, amending the public
47 health law relating to reporting of opioid overdose data, is amended to
48 read as follows:
49 § 2. This act shall take effect immediately, provided that subdivision
50 6 of section 3309 of the public health law, as added by section one of
51 this act, shall expire and be deemed repealed March 31, [2021] 2026.
52 § 13. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2021.
54 PART T
S. 2507--C 27 A. 3007--C
1 Section 1. Section 3 of part A of chapter 111 of the laws of 2010
2 amending the mental hygiene law relating to the receipt of federal and
3 state benefits received by individuals receiving care in facilities
4 operated by an office of the department of mental hygiene, as amended by
5 section 1 of part X of chapter 57 of the laws of 2018, is amended to
6 read as follows:
7 § 3. This act shall take effect immediately; and shall expire and be
8 deemed repealed June 30, [2021] 2024.
9 § 2. This act shall take effect immediately.
10 PART U
11 Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
12 amending the mental hygiene law relating to the appointment of temporary
13 operators for the continued operation of programs and the provision of
14 services for persons with serious mental illness and/or developmental
15 disabilities and/or chemical dependence, is amended to read as follows:
16 § 4. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 2016; provided,
18 however, that sections one and two of this act shall expire and be
19 deemed repealed on March 31, [2021] 2022.
20 § 2. This act shall take effect immediately.
21 PART V
22 Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
23 amending the mental hygiene law relating to clarifying the authority of
24 the commissioners in the department of mental hygiene to design and
25 implement time-limited demonstration programs, as amended by section 1
26 of part U of chapter 57 of the laws of 2018, is amended to read as
27 follows:
28 § 2. This act shall take effect immediately and shall expire and be
29 deemed repealed March 31, [2021] 2024.
30 § 2. Subdivision (d) of section 41.35 of the mental hygiene law, as
31 amended by chapter 658 of the laws of 1977, is amended to read as
32 follows:
33 (d) Quarterly reviews and evaluations of the program shall be under-
34 taken and a final report shall be developed by representatives of the
35 commissioner or commissioners having jurisdiction over the services and
36 the local governmental unit assessing the program, indicating its poten-
37 tial for continuation or use elsewhere, and making any further recommen-
38 dations related to the program. Copies of such quarterly evaluations and
39 final reports shall be sent no later than November fifteenth to the
40 director of the division of the budget, and the chairmen of the senate
41 finance committee and the assembly committee on ways and means and such
42 final reports shall be included in the relevant commissioner or commis-
43 sioners statewide comprehensive plan pursuant to section 5.07 of this
44 chapter.
45 § 3. Subparagraphs f and g of paragraph 1 of subdivision (b) of
46 section 5.07 of the mental hygiene law, as amended by section 3 of part
47 N of chapter 56 of the laws of 2012, are amended and a new subparagraph
48 h is added to read as follows:
49 f. encourage and promote person-centered, culturally and linguis-
50 tically competent community-based programs, services, and supports that
51 reflect the partnership between state and local governmental units;
52 [and]
S. 2507--C 28 A. 3007--C
1 g. include progress reports on the implementation of both short-term
2 and long-term recommendations of the children's plan required pursuant
3 to section four hundred eighty-three-f of the social services law[.];
4 and
5 h. include final reports for time-limited demonstration programs
6 pursuant to subdivision (d) of section 41.35 of this chapter.
7 § 4. This act shall take effect immediately.
8 PART W
9 Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003,
10 amending the mental hygiene law and the state finance law relating to
11 the community mental health support and workforce reinvestment program,
12 the membership of subcommittees for mental health of community services
13 boards and the duties of such subcommittees and creating the community
14 mental health and workforce reinvestment account, as amended by section
15 1 of part V of chapter 57 of the laws of 2018, is amended to read as
16 follows:
17 § 7. This act shall take effect immediately and shall expire March 31,
18 [2021] 2024 when upon such date the provisions of this act shall be
19 deemed repealed.
20 § 2. This act shall take effect immediately.
21 PART X
22 Section 1. Notwithstanding section 41.55 of the mental hygiene law,
23 the office of mental health shall not be required to allocate funding
24 for fiscal year 2021-22 pursuant to the provisions of such section and
25 such law.
26 § 2. This act shall take effect immediately and shall expire March 31,
27 2022 when upon such date the provisions of this act shall be deemed
28 repealed.
29 PART Y
30 Intentionally Omitted
31 PART Z
32 Section 1. Subdivision (a) of section 31.04 of the mental hygiene law
33 is amended by adding a new paragraph 8 to read as follows:
34 8. establishing a schedule of fees for the purpose of processing
35 applications for the issuance of operating certificates. All fees pursu-
36 ant to this section shall be payable to the office for deposit into the
37 general fund.
38 § 2. This act shall take effect on the one hundred eightieth day
39 after it shall have become a law. Effective immediately, the commis-
40 sioner of mental health is authorized to promulgate any and all rules
41 and regulations and take any other measures necessary to implement this
42 act on its effective date or before such date.
43 PART AA
44 Section 1. The mental hygiene law is amended by adding a new section
45 31.36 to read as follows:
46 § 31.36 Crisis stabilization services.
S. 2507--C 29 A. 3007--C
1 The commissioner shall be authorized, in conjunction with the commis-
2 sioner of the office of addiction services and supports, to create
3 crisis stabilization centers within New York state in accordance with
4 article thirty-six of this title, including the promulgation of joint
5 regulations and implementation of a financing mechanism to allow for the
6 sustainable operation of such programs.
7 § 2. The mental hygiene law is amended by adding a new section 32.36
8 to read as follows:
9 § 32.36 Crisis stabilization services.
10 The commissioner shall be authorized, in conjunction with the commis-
11 sioner of the office of mental health, to create crisis stabilization
12 centers within New York state in accordance with article thirty-six of
13 this title, including the promulgation of joint regulations and imple-
14 mentation of a financing mechanism to allow for the sustainable opera-
15 tion of such programs.
16 § 3. The mental hygiene law is amended by adding a new article 36 to
17 read as follows:
18 ARTICLE XXXVI
19 ADDICTION AND MENTAL HEALTH SERVICES AND SUPPORTS
20 Section 36.01 Crisis stabilization centers.
21 36.02 Referral to crisis stabilization centers.
22 § 36.01 Crisis stabilization centers.
23 (a) (1) The commissioners are authorized to jointly license crisis
24 stabilization centers subject to the availability of state and federal
25 funding.
26 (2) A crisis stabilization center shall serve as a voluntary and
27 urgent service provider for persons at risk of a mental health or
28 substance abuse crisis or who are experiencing a crisis related to a
29 psychiatric and/or substance use disorder that are in need of crisis
30 stabilization services. Each crisis stabilization center shall provide
31 or contract to provide person centered and patient driven crisis
32 stabilization services for mental health or substance use twenty-four
33 hours per day, seven days per week, including but not limited to:
34 (i) Engagement, triage and assessment;
35 (ii) Continuous observation;
36 (iii) Mild to moderate detoxification;
37 (iv) Sobering services;
38 (v) Therapeutic interventions;
39 (vi) Discharge and after care planning;
40 (vii) Telemedicine;
41 (viii) Peer support services; and
42 (ix) Medication assisted treatment.
43 (3) The commissioners shall require each crisis stabilization center
44 to submit a plan. The plan shall be approved by the commissioners prior
45 to the issuance of a license pursuant to this article. Each plan shall
46 include:
47 (i) a description of the center's catchment area,
48 (ii) a description of the center's crisis stabilization services,
49 (iii) agreements or affiliations with hospitals as defined in section
50 1.03 of this chapter,
51 (iv) agreements or affiliations with general hospitals or law enforce-
52 ment to receive persons,
53 (v) a description of local resources available to the center to
54 prevent unnecessary hospitalizations of persons,
S. 2507--C 30 A. 3007--C
1 (vi) a description of the center's linkages with local police agen-
2 cies, emergency medical services, ambulance services and other transpor-
3 tation agencies,
4 (vii) a description of local resources available to the center to
5 provide appropriate community mental health and substance use disorder
6 services upon release,
7 (viii) written criteria and guidelines for the development of appro-
8 priate planning for persons in need of post community treatment or
9 services,
10 (ix) a statement indicating that the center has been included in an
11 approved local services plan developed pursuant to article forty-one of
12 this chapter for each local government located within the center's
13 catchment area; and
14 (x) any other information or agreements required by the commissioners.
15 (4) Crisis stabilization centers shall participate in county and
16 community planning activities annually, and as additionally needed, in
17 order to participate in local community service planning processes to
18 ensure, maintain, improve or develop community services that demonstrate
19 recovery outcomes. These outcomes include, but are not limited to, qual-
20 ity of life, socio-economic status, entitlement status, social network-
21 ing, coping skills and reduction in use of crisis services.
22 (b) Each crisis stabilization center shall be staffed with a multidis-
23 ciplinary team capable of meeting the needs of individuals experiencing
24 all levels of crisis in the community, which shall include, but not be
25 limited to, at least one psychiatrist or psychiatric nurse practitioner,
26 a credentialed alcoholism and substance abuse counselor and one peer
27 support specialist on duty and available at all times.
28 (c) The commissioners shall promulgate regulations necessary to the
29 operation of such crisis stabilization centers.
30 (d) Where a crisis stabilization center has been established prior to
31 the effective date of this article, the previously established center
32 may be issued a license where the provider can demonstrate substantial
33 compliance with minimum crisis service standards necessary for patient
34 safety and program efficacy.
35 (e) For the purpose of addressing unique rural service delivery needs
36 and conditions, the commissioners shall provide technical assistance for
37 the establishment of crisis stabilization centers otherwise approved
38 under the provisions of this section, including technical assistance to
39 promote and facilitate the establishment of such centers in rural areas
40 in the state or combinations of rural counties.
41 (f) The commissioners shall develop guidelines for educational materi-
42 als to assist crisis stabilization centers in educating local practi-
43 tioners, community mental health and substance abuse programs, hospi-
44 tals, law enforcement and peers. Such materials shall include
45 appropriate education relating to de-escalation techniques, cultural
46 competency, the recovery process, mental health, substance use, and
47 avoidance of aggressive confrontation.
48 (g) Within the amounts appropriated, the commissioners shall arrange
49 for appropriate training to law enforcement entities, first responders,
50 and any other entities deemed appropriate by the commissioners, located
51 within the catchment area of a crisis stabilization center. The training
52 may include but not be limited to: (1) crisis intervention team train-
53 ing; (2) mental health first aid; (3) implicit bias training; and (4)
54 naloxone training. Such training may be provided in an electronic format
55 or other format as deemed appropriate by the commissioners. The commis-
S. 2507--C 31 A. 3007--C
1 sioners may contract with an organization with the knowledge and exper-
2 tise in providing the training required under this subdivision.
3 § 36.02 Referral to crisis stabilization centers.
4 (a) A referral to crisis stabilization centers may include but not be
5 limited to: (1) walk-ins or self-referrals; (2) family members; (3)
6 schools; (4) hospitals; (5) community-based providers; (6) mobile mental
7 health crisis teams; (7) crisis call centers; (8) primary care doctors;
8 (9) law enforcement; and (10) private practitioners.
9 (b) All services provided in crisis stabilization centers shall be
10 voluntary. No crisis stabilization center shall accept involuntary
11 referrals, and no person shall be forced or coerced to participate in
12 services or treatment. A crisis stabilization center may at any time
13 refer a person in their care to a higher level of treatment if deemed
14 appropriate.
15 (c) For a person who is in need of emergency observation under section
16 9.41, 9.43, 9.45, or 9.58 of this chapter, the appropriate police offi-
17 cer, peace officer, court, community services director or mobile crisis
18 team must inform the person of the crisis stabilization center services
19 where available. A crisis stabilization center may conduct an assessment
20 prior to accepting a referral. A crisis stabilization center may make a
21 referral to a hospital or comprehensive psychiatric emergency program if
22 an assessment determines that they are unable to meet the service needs
23 of a person.
24 § 4. Section 9.41 of the mental hygiene law, as amended by chapter 723
25 of the laws of 1989, is amended to read as follows:
26 § 9.41 Emergency [admissions] assessment for immediate observation,
27 care, and treatment; powers of certain peace officers and
28 police officers.
29 (a) Any peace officer, when acting pursuant to his or her special
30 duties, or police officer who is a member of the state police or of an
31 authorized police department or force or of a sheriff's department may
32 take into custody any person who appears to be mentally ill and is
33 conducting himself or herself in a manner which is likely to result in
34 serious harm to the person or others. Such officer may direct the
35 removal of such person or remove him or her to any hospital specified in
36 subdivision (a) of section 9.39 of this article, or any comprehensive
37 psychiatric emergency program specified in subdivision (a) of section
38 9.40 of this article, or[,] pending his or her examination or admission
39 to any such hospital or program, temporarily detain any such person in
40 another safe and comfortable place, in which event, such officer shall
41 immediately notify the director of community services or, if there be
42 none, the health officer of the city or county of such action.
43 (b) A person otherwise determined to meet the criteria for an emergen-
44 cy assessment pursuant to this section may voluntarily agree to be
45 transported to a crisis stabilization center under section 36.01 of this
46 chapter for care and treatment and, in accordance with this article, an
47 assessment by the crisis stabilization center determines that they are
48 able to meet the service needs of the person.
49 § 5. Section 9.43 of the mental hygiene law, as amended by chapter 723
50 of the laws of 1989, is amended to read as follows:
51 § 9.43 Emergency [admissions] assessment for immediate observation,
52 care, and treatment; powers of courts.
53 (a) Whenever any court of inferior or general jurisdiction is informed
54 by verified statement that a person is apparently mentally ill and is
55 conducting himself or herself in a manner which in a person who is not
56 mentally ill would be deemed disorderly conduct or which is likely to
S. 2507--C 32 A. 3007--C
1 result in serious harm to himself or herself, such court shall issue a
2 warrant directing that such person be brought before it. If, when said
3 person is brought before the court, it appears to the court, on the
4 basis of evidence presented to it, that such person has or may have a
5 mental illness which is likely to result in serious harm to himself or
6 herself or others, the court shall issue a civil order directing his or
7 her removal to any hospital specified in subdivision (a) of section 9.39
8 of this article or any comprehensive psychiatric emergency program spec-
9 ified in subdivision (a) of section 9.40 of this article, or to any
10 crisis stabilization center specified in section 36.01 of this chapter
11 when the court deems such center is appropriate and where such person
12 voluntarily agrees; that is willing to receive such person for a deter-
13 mination by the director of such hospital [or], program or center wheth-
14 er such person should be [retained] received therein pursuant to such
15 section.
16 (b) Whenever a person before a court in a criminal action appears to
17 have a mental illness which is likely to result in serious harm to
18 himself or herself or others and the court determines either that the
19 crime has not been committed or that there is not sufficient cause to
20 believe that such person is guilty thereof, the court may issue a civil
21 order as above provided, and in such cases the criminal action shall
22 terminate.
23 § 6. Section 9.45 of the mental hygiene law, as amended by chapter 723
24 of the laws of 1989 and the opening paragraph as amended by chapter 192
25 of the laws of 2005, is amended to read as follows:
26 § 9.45 Emergency [admissions] assessment for immediate observation,
27 care, and treatment; powers of directors of community services.
28 (a) The director of community services or the director's designee
29 shall have the power to direct the removal of any person, within his or
30 her jurisdiction, to a hospital approved by the commissioner pursuant to
31 subdivision (a) of section 9.39 of this article, or to a comprehensive
32 psychiatric emergency program pursuant to subdivision (a) of section
33 9.40 of this article, if the parent, adult sibling, spouse or child of
34 the person, the committee or legal guardian of the person, a licensed
35 psychologist, registered professional nurse or certified social worker
36 currently responsible for providing treatment services to the person, a
37 supportive or intensive case manager currently assigned to the person by
38 a case management program which program is approved by the office of
39 mental health for the purpose of reporting under this section, a
40 licensed physician, health officer, peace officer or police officer
41 reports to him or her that such person has a mental illness for which
42 immediate care and treatment [in a hospital] is appropriate and which is
43 likely to result in serious harm to himself or herself or others. It
44 shall be the duty of peace officers, when acting pursuant to their
45 special duties, or police officers, who are members of an authorized
46 police department or force or of a sheriff's department to assist repre-
47 sentatives of such director to take into custody and transport any such
48 person. Upon the request of a director of community services or the
49 director's designee an ambulance service, as defined in subdivision two
50 of section three thousand one of the public health law, is authorized to
51 transport any such person. Such person may then be retained in a hospi-
52 tal pursuant to the provisions of section 9.39 of this article or in a
53 comprehensive psychiatric emergency program pursuant to the provisions
54 of section 9.40 of this article.
55 (b) A person otherwise determined to meet the criteria for an emergen-
56 cy assessment pursuant to this section may voluntarily agree to be
S. 2507--C 33 A. 3007--C
1 transported to a crisis stabilization center under section 36.01 of this
2 chapter for care and treatment and, in accordance with this article, an
3 assessment by the crisis stabilization center determines that they are
4 able to meet the service needs of the person.
5 § 7. Subdivision (a) of section 9.58 of the mental hygiene law, as
6 added by chapter 678 of the laws of 1994, is amended to read as follows:
7 (a) A physician or qualified mental health professional who is a
8 member of an approved mobile crisis outreach team shall have the power
9 to remove, or pursuant to subdivision (b) of this section, to direct the
10 removal of any person who appears to be mentally ill and is conducting
11 themselves in a manner which is likely to result in serious harm to
12 themselves or others, to a hospital approved by the commissioner pursu-
13 ant to subdivision (a) of section 9.39 or section 31.27 of this chapter
14 [for the purpose of evaluation for admission if such person appears to
15 be mentally ill and is conducting himself or herself in a manner which
16 is likely to result in serious harm to the person or others] or where
17 the team physician or qualified mental health professional deems appro-
18 priate and where the person voluntarily agrees, to a crisis stabiliza-
19 tion center specified in section 36.01 of this chapter.
20 § 8. Subdivision 2 of section 365-a of the social services law is
21 amended by adding a new paragraph (gg) to read as follows:
22 (gg) addiction and mental health services and supports provided by
23 facilities licensed pursuant to article thirty-six of the mental hygiene
24 law.
25 § 9. Paragraph 5 of subdivision (a) of section 22.09 of the mental
26 hygiene law, as amended by section 1 of part D of chapter 69 of the laws
27 of 2016, is amended to read as follows:
28 5. "Treatment facility" means a facility designated by the commission-
29 er which may only include a general hospital as defined in article twen-
30 ty-eight of the public health law, or a medically managed or medically
31 supervised withdrawal, inpatient rehabilitation, or residential stabili-
32 zation treatment program that has been certified by the commissioner to
33 have appropriate medical staff available on-site at all times to provide
34 emergency services and continued evaluation of capacity of individuals
35 retained under this section or a crisis stabilization center licensed
36 pursuant to article 36.01 of this chapter.
37 § 10. Subparagraph (B) of paragraph 31 of subsection (i) of section
38 3216 of the insurance law, as amended by section 6 of subpart A of part
39 BB of chapter 57 of the laws of 2019, is amended to read as follows:
40 (B) Coverage under this paragraph may be limited to facilities in [New
41 York] this state that are licensed, certified or otherwise authorized by
42 the office of [alcoholism and substance abuse services] addiction
43 services and supports to provide outpatient substance use disorder
44 services and crisis stabilization centers licensed pursuant to section
45 36.01 of the mental hygiene law, and, in other states, to those which
46 are accredited by the joint commission as alcoholism or chemical depend-
47 ence substance abuse treatment programs and are similarly licensed,
48 certified, or otherwise authorized in the state in which the facility is
49 located.
50 § 11. Paragraph 31 of subsection (i) of section 3216 of the insurance
51 law is amended by adding a new subparagraph (I) to read as follows:
52 (I) This subparagraph shall apply to crisis stabilization centers in
53 this state that are licensed pursuant to section 36.01 of the mental
54 hygiene law and participate in the insurer's provider network. Benefits
55 for care in a crisis stabilization center shall not be subject to preau-
56 thorization. All treatment provided under this subparagraph may be
S. 2507--C 34 A. 3007--C
1 reviewed retrospectively. Where care is denied retrospectively, an
2 insured shall not have any financial obligation to the facility for any
3 treatment under this subparagraph other than any copayment, coinsurance,
4 or deductible otherwise required under the policy.
5 § 12. Item (i) of subparagraph (A) of paragraph 35 of subsection (i)
6 of section 3216 of the insurance law, as added by section 8 of subpart A
7 of part BB of chapter 57 of the laws of 2019, is amended to read as
8 follows:
9 (i) where the policy provides coverage for inpatient hospital care,
10 benefits for inpatient care in a hospital as defined by subdivision ten
11 of section 1.03 of the mental hygiene law and benefits for outpatient
12 care provided in a facility issued an operating certificate by the
13 commissioner of mental health pursuant to the provisions of article
14 thirty-one of the mental hygiene law, or in a facility operated by the
15 office of mental health, or in a crisis stabilization center licensed
16 pursuant to section 36.01 of the mental hygiene law, or, for care
17 provided in other states, to similarly licensed or certified hospitals
18 or facilities; and
19 § 13. Paragraph 35 of subsection (i) of section 3216 of the insurance
20 law is amended by adding a new subparagraph (H) to read as follows:
21 (H) This subparagraph shall apply to crisis stabilization centers in
22 this state that are licensed pursuant to section 36.01 of the mental
23 hygiene law and participate in the insurer's provider network. Benefits
24 for care in a crisis stabilization center shall not be subject to preau-
25 thorization. All treatment provided under this subparagraph may be
26 reviewed retrospectively. Where care is denied retrospectively, an
27 insured shall not have any financial obligation to the facility for any
28 treatment under this subparagraph other than any copayment, coinsurance,
29 or deductible otherwise required under the policy.
30 § 14. Item (i) of subparagraph (A) of paragraph 5 of subsection (l)
31 of section 3221 of the insurance law, as amended by section 13 of
32 subpart A of part BB of chapter 57 of the laws of 2019, is amended as
33 follows:
34 (i) where the policy provides coverage for inpatient hospital care,
35 benefits for inpatient care in a hospital as defined by subdivision ten
36 of section 1.03 of the mental hygiene law and benefits for outpatient
37 care provided in a facility issued an operating certificate by the
38 commissioner of mental health pursuant to the provisions of article
39 thirty-one of the mental hygiene law, or in a facility operated by the
40 office of mental health or in a crisis stabilization center licensed
41 pursuant to section 36.01 of the mental hygiene law or, for care
42 provided in other states, to similarly licensed or certified hospitals
43 or facilities; and
44 § 15. Paragraph 5 of subsection (l) of section 3221 of the insurance
45 law is amended by adding a new subparagraph (H) to read as follows:
46 (H) This subparagraph shall apply to crisis stabilization centers in
47 this state that are licensed pursuant to section 36.01 of the mental
48 hygiene law and participate in the insurer's provider network. Benefits
49 for care in a crisis stabilization center shall not be subject to preau-
50 thorization. All treatment provided under this subparagraph may be
51 reviewed retrospectively. Where care is denied retrospectively, an
52 insured shall not have any financial obligation to the facility for any
53 treatment under this subparagraph other than any copayment, coinsurance,
54 or deductible otherwise required under the policy.
S. 2507--C 35 A. 3007--C
1 § 16. Subparagraph (B) of paragraph 7 of subsection (l) of section
2 3221 of the insurance law, as amended by section 16 of subpart A of part
3 BB of chapter 57 of the laws of 2019, is amended to read as follows:
4 (B) Coverage under this paragraph may be limited to facilities in [New
5 York] this state that are licensed, certified or otherwise authorized by
6 the office of [alcoholism and substance abuse services] addiction
7 services and supports to provide outpatient substance use disorder
8 services and crisis stabilization centers licensed pursuant to section
9 36.01 of the mental hygiene law, and, in other states, to those which
10 are accredited by the joint commission as alcoholism or chemical depend-
11 ence treatment programs and similarly licensed, certified or otherwise
12 authorized in the state in which the facility is located.
13 § 17. Paragraph 7 of subsection (l) of section 3221 of the insurance
14 law is amended by adding a new subparagraph (I) to read as follows:
15 (I) This subparagraph shall apply to crisis stabilization centers in
16 this state that are licensed pursuant to section 36.01 of the mental
17 hygiene law and participate in the insurer's provider network. Benefits
18 for care in a crisis stabilization center shall not be subject to preau-
19 thorization. All treatment provided under this subparagraph may be
20 reviewed retrospectively. Where care is denied retrospectively, an
21 insured shall not have any financial obligation to the facility for any
22 treatment under this subparagraph other than any copayment, coinsurance,
23 or deductible otherwise required under the policy.
24 § 18. Paragraph 1 of subsection (g) of section 4303 of the insurance
25 law, as amended by section 22 of subpart A of part BB of chapter 57 of
26 the laws of 2019, is amended to read as follows:
27 (1) where the contract provides coverage for inpatient hospital care,
28 benefits for in-patient care in a hospital as defined by subdivision ten
29 of section 1.03 of the mental hygiene law or for inpatient care provided
30 in other states, to similarly licensed hospitals, and benefits for out-
31 patient care provided in a facility issued an operating certificate by
32 the commissioner of mental health pursuant to the provisions of article
33 thirty-one of the mental hygiene law or in a facility operated by the
34 office of mental health or in a crisis stabilization center licensed
35 pursuant to section 36.01 of the mental hygiene law or for out-patient
36 care provided in other states, to similarly certified facilities; and
37 § 19. Subsection (g) of section 4303 of the insurance law is amended
38 by adding a new paragraph 9 to read as follows:
39 (9) This paragraph shall apply to crisis stabilization centers in this
40 state that are licensed pursuant to section 36.01 of the mental hygiene
41 law and participate in the corporation's provider network. Benefits for
42 care in a crisis stabilization center shall not be subject to preauthor-
43 ization. All treatment provided under this paragraph may be reviewed
44 retrospectively. Where care is denied retrospectively, an insured shall
45 not have any financial obligation to the facility for any treatment
46 under this paragraph other than any copayment, coinsurance, or deduct-
47 ible otherwise required under the contract.
48 § 20. Paragraph 2 of subsection (l) of section 4303 of the insurance
49 law, as amended by section 27 of subpart A of part BB of chapter 57 of
50 the laws of 2019, is amended to read as follows:
51 (2) Coverage under this subsection may be limited to facilities in
52 [New York] this state that are licensed, certified or otherwise author-
53 ized by the office of [alcoholism and substance abuse services]
54 addiction services and supports to provide outpatient substance use
55 disorder services and crisis stabilization centers licensed pursuant to
56 section 36.01 of the mental hygiene law, and, in other states, to those
S. 2507--C 36 A. 3007--C
1 which are accredited by the joint commission as alcoholism or chemical
2 dependence substance abuse treatment programs and are similarly
3 licensed, certified or otherwise authorized in the state in which the
4 facility is located.
5 § 21. Subsection (l) of section 4303 of the insurance law is amended
6 by adding a new paragraph 9 to read as follows:
7 (9) This paragraph shall apply to crisis stabilization centers in this
8 state that are licensed pursuant to section 36.01 of the mental hygiene
9 law and participate in the corporation's provider network. Benefits for
10 care in a crisis stabilization center shall not be subject to preauthor-
11 ization. All treatment provided under this paragraph may be reviewed
12 retrospectively. Where care is denied retrospectively, an insured shall
13 not have any financial obligation to the facility for any treatment
14 under this paragraph other than any copayment, coinsurance, or deduct-
15 ible otherwise required under the contract.
16 § 22. The commissioner of health, in consultation with the office of
17 mental health and the office of addiction services and supports, shall
18 seek Medicaid federal financial participation from the federal centers
19 for Medicare and Medicaid services for the federal share of payments for
20 the services authorized pursuant to this part.
21 § 23. This act shall take effect October 1, 2021; provided, however,
22 that the amendments to sections 9.41, 9.43 and 9.45 of the mental
23 hygiene law made by sections four, five and six of this act shall not
24 affect the expiration of such sections and shall expire therewith; and
25 provided, further, however, that sections ten, eleven, twelve, thirteen,
26 fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, and
27 twenty-one of this act shall apply to policies and contracts issued,
28 renewed, modified, altered or amended on or after January 1, 2022.
29 Effective immediately, the addition, amendment and/or repeal of any rule
30 or regulation necessary for the implementation of this act on its effec-
31 tive date are authorized to be made and completed on or before such
32 effective date.
33 PART BB
34 Intentionally Omitted
35 PART CC
36 Intentionally Omitted
37 PART DD
38 Intentionally Omitted
39 PART EE
40 Intentionally Omitted
41 PART FF
42 Intentionally Omitted
43 PART GG
S. 2507--C 37 A. 3007--C
1 Section 1. The public health law is amended by adding a new section
2 2828 to read as follows:
3 § 2828. Residential health care facilities; minimum direct resident
4 care spending. 1. (a) Notwithstanding any law to the contrary, the
5 department shall promulgate regulations governing the disposition of
6 revenue in excess of expenses for residential health care facilities
7 consistent with this section. Beginning on and after January first, two
8 thousand twenty-two, every residential health care facility shall spend
9 a minimum of seventy percent of revenue on direct resident care, and
10 forty percent of revenue shall be spent on resident-facing staffing,
11 provided that amounts spent on resident-facing staffing shall be
12 included as a part of amounts spent on direct resident care.
13 (b) Fifteen percent of costs associated with resident-facing staffing
14 contracted out by a facility for services provided by registered profes-
15 sional nurses or licensed practical nurses licensed pursuant to article
16 one hundred thirty-nine of the education law or certified nurse aides
17 who have completed certification and training approved by the department
18 shall be deducted from the calculation of the amount spent on resident-
19 facing staffing and direct resident care.
20 (c) Such regulations shall further include at a minimum that any resi-
21 dential health care facility for which total operating revenue exceeds
22 total operating and non-operating expenses by more than five percent of
23 total operating and non-operating expenses or that fails to spend the
24 minimum amount necessary to comply with the minimum spending standards
25 for resident-facing staffing or direct resident care, calculated on an
26 annual basis, shall remit such excess revenue, or the difference between
27 the minimum spending requirement and the actual amount of spending on
28 resident-facing staffing or direct care staffing, as the case may be, to
29 the state, with such excess revenue which shall be payable, in a manner
30 to be determined by such regulations, by November first in the year
31 following the year in which the expenses are incurred. The department
32 shall collect such payments by methods including, but not limited to,
33 bringing suit in a court of competent jurisdiction on its own behalf
34 after giving notice of such suit to the attorney general, deductions or
35 offsets from payments made pursuant to the Medicaid program, and shall
36 deposit such recouped funds into the nursing home quality pool, as set
37 forth in paragraph d of subdivision two-c of section two thousand eight
38 hundred eight of this article. Provided further that such payments of
39 excess revenue shall be in addition to and shall not affect a residen-
40 tial health care facility's obligations to make any other payments
41 required by state or federal law into the nursing home quality pool,
42 including but not limited to medicaid rate reductions required pursuant
43 to paragraph g of subdivision two-c of section two thousand eight
44 hundred eight of this article and department regulations promulgated
45 pursuant thereto. The commissioner or their designees shall have author-
46 ity to audit the residential health care facilities' reports for compli-
47 ance in accordance with this section.
48 2. For the purposes of this section the following terms shall have the
49 following meanings:
50 (a) "Revenue" shall mean the total operating revenue from or on behalf
51 of residents of the residential health care facility, government payers,
52 or third-party payers, to pay for a resident's occupancy of the residen-
53 tial health care facility, resident care, and the operation of the resi-
54 dential health care facility as reported in the residential health care
55 facility cost reports submitted to the department; provided, however,
S. 2507--C 38 A. 3007--C
1 that revenue shall exclude the average increase in the capital portion
2 of the Medicaid reimbursement rate from the prior three years.
3 (b) "Expenses" shall include all operating and non-operating expenses,
4 before extraordinary gains, reported in cost reports submitted pursuant
5 to section twenty-eight hundred five-e of this article, except as
6 expressly excluded by regulations and/or this section. Such exclusions
7 shall include, but not be limited to, any related party transaction or
8 compensation to the extent that the value of such transaction is greater
9 than fair market value, and the payment of compensation for employees
10 who are not actively engaged in or providing services at the facility.
11 (c) "Direct resident care" includes the following cost centers in the
12 residential health care facility cost report: (i) Nonrevenue Support
13 Services - Plant Operation & Maintenance, Laundry and Linen, House-
14 keeping, Patient Food Service, Nursing Administration, Activities
15 Program, Nonphysician Education, Medical Education, Medical Director's
16 Office, Housing, Social Service, Transportation; (ii) Ancillary Services
17 - Laboratory Services, Electrocardiology, Electroencephalogy, Radiology,
18 Inhalation Therapy, Podiatry, Dental, Psychiatric, Physical Therapy,
19 Occupational Therapy, Speech/Hearing Therapy, Pharmacy, Central Services
20 Supply, Medical Staff Services provided by licensed or certified profes-
21 sionals including and without limitation Registered Nurses, Licensed
22 Practical Nurses, and Certified Nursing Assistant; and (iii) Program
23 Services - Residential Health Care Facility, Pediatric, Traumatic Brain
24 Injury (TBI), Autoimmune Deficiency Syndrome (AIDS), Long Term Ventila-
25 tor, Respite, Behavioral Intervention, Neurodegenerative, Adult Care
26 Facility, Intermediate Care Facilities, Independent Living, Outpatient
27 Clinics, Adult Day Health Care, Home Health Care, Meals on Wheels,
28 Barber & Beauty Shop, and Other similar program services that directly
29 address the physical conditions of residents. Direct resident care does
30 not include, at a minimum and without limitation, administrative costs
31 (other than nurse administration), capital costs, debt service, taxes
32 (other than sales taxes or payroll taxes), capital depreciation, rent
33 and leases, and fiscal services.
34 (d) "Resident-facing staffing" shall include all staffing expenses in
35 the ancillary and program services categories on exhibit h of the resi-
36 dential health care reports as in effect on February fifteenth, two
37 thousand twenty-one.
38 (e) "Cost Report" shall mean the annual financial and statistical
39 report submitted to the department pursuant to sections two thousand
40 eight hundred five-e and two thousand eight hundred eight-b of this
41 article, and regulations promulgated pursuant thereto, which includes
42 the residential health care facility's revenues, expenses, assets,
43 liabilities and statistical information.
44 3. For the purposes of this section, residential health care facili-
45 ties shall not include (a) facilities that are authorized by the depart-
46 ment to primarily care for medically fragile children, people with
47 HIV/AIDS, persons requiring behavioral intervention, persons requiring
48 neurodegenerative services, and other specialized populations that the
49 commissioner deems appropriate to exclude; and (b) continuing care
50 retirement communities licensed pursuant to article forty-six or forty
51 six-a of this chapter.
52 4. The commissioner may waive the requirements of this section on a
53 case-by-case basis with respect to a nursing home that demonstrates to
54 the commissioner's satisfaction that it experienced unexpected or excep-
55 tional circumstances that prevented compliance. The commissioner may
56 also exclude from revenues and expenses, on a case-by-case basis,
S. 2507--C 39 A. 3007--C
1 extraordinary revenues and capital expenses, incurred due to a natural
2 disaster or other circumstances set forth by the commissioner in regu-
3 lation. At least thirty days before any action by the commissioner under
4 this subdivision, the commissioner shall transmit the proposed action to
5 the state office of the long-term care ombudsman and the chairs of the
6 senate and assembly health committees, and post it on the department's
7 website.
8 5. The commissioner shall issue regulations, seek amendments to the
9 state plan for medical assistance, seek waivers from the federal Centers
10 for Medicare and Medicaid Services, and take such other actions as
11 reasonably necessary to implement this section.
12 6. The commissioner shall, if necessary, update reporting forms
13 completed by residential health care facilities under section twenty-
14 eight hundred five-e of this article to include information to ensure
15 all items referred to in this section and organize such information
16 consistent with the terms of this section.
17 § 2. Severability. If any provision of this act, or any application of
18 any provision of this act, is held to be invalid, that shall not affect
19 the validity or effectiveness of any other provision of this act or any
20 other application of any provision of this act.
21 § 3. This act shall take effect immediately.
22 PART HH
23 Section 1. Subdivision 3 of section 450 of the executive law, as added
24 by chapter 588 of the laws of 1981, is amended to read as follows:
25 3. (a) The [membership of the developmental disabilities planning
26 council shall at all times include representatives of the principal
27 state agencies, higher education training facilities,] following people
28 shall serve as ex officio members of the council:
29 (i) the head of any state agency that administers funds provided under
30 federal laws related to individuals with disabilities, or such person's
31 designee;
32 (ii) the head of any university center for excellence in developmental
33 disabilities, or such person's designee; and
34 (iii) the head of the state's protection and advocacy system, or such
35 person's designee.
36 (b) The membership of the developmental disabilities planning council
37 shall also include local agencies, and non-governmental agencies and
38 groups concerned with services to persons with developmental disabili-
39 ties in New York state[;].
40 [(b)] (c) At least [one-half] sixty percent of the [membership]
41 members appointed by the governor shall consist of[:
42 (i)] developmentally disabled persons or their parents or guardians or
43 of immediate relatives or guardians of persons with [mentally impairing]
44 developmental disabilities[,].
45 [(ii) these] (i) These members may not be employees of a state agency
46 receiving funds or providing services under the federal developmental
47 disabilities assistance act or have a managerial, proprietary or
48 controlling interest in an entity which receives funds or provides
49 services under such act,
50 [(iii) at] (ii) At least one-third of these members shall be develop-
51 mentally disabled,
52 [(iv) at] (iii) At least one-third of these members shall be immediate
53 relatives or guardians of persons with [mentally impairing] develop-
54 mental disabilities, and
S. 2507--C 40 A. 3007--C
1 [(v) at] (iv) At least one member shall be an immediate relative or
2 guardian of an institutionalized developmentally disabled person[;
3 (c) The membership may include some or all of the members of the advi-
4 sory council on mental retardation and developmental disabilities].
5 § 2. This act shall take effect immediately.
6 PART II
7 Section 1. Paragraph (d-2) of subdivision 3 of section 364-j of the
8 social services law, as amended by section 10 of part B of chapter 57 of
9 the laws of 2018, is amended to read as follows:
10 (d-2) Services provided pursuant to waivers, granted pursuant to
11 subsection (c) of section 1915 of the federal social security act, to
12 persons suffering from traumatic brain injuries or qualifying for nurs-
13 ing home diversion and transition services, shall not be provided to
14 medical assistance recipients through managed care programs until at
15 least January first, two thousand [twenty-two] twenty-six.
16 § 2. This act shall take effect immediately, provided that the amend-
17 ments to section 364-j of the social services law, made by section one
18 of this act, shall not affect the expiration and repeal of such section,
19 and shall expire and be deemed repealed therewith.
20 PART JJ
21 Section 1. Subdivision 3 of section 364-j of the social services law
22 is amended by adding a new paragraph (d-3) to read as follows:
23 (d-3) Services provided in school-based health centers shall not be
24 provided to medical assistance recipients through managed care programs
25 established pursuant to this section until at least April first, two
26 thousand twenty-three, and shall continue to be provided outside of
27 managed care programs.
28 § 2. This act shall take effect immediately and shall expire April 1,
29 2023, when upon such date the provisions of this act shall be deemed
30 repealed; provided further, the amendments to section 364-j of the
31 social services law made by section one of this act shall not affect the
32 repeal of such section and shall be deemed repealed therewith.
33 PART KK
34 Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
35 insurance law and the public health law relating to the New York state
36 health insurance continuation assistance demonstration project, as
37 amended by section 17 of part BB of chapter 56 of the laws of 2020, is
38 amended to read as follows:
39 § 4. This act shall take effect on the sixtieth day after it shall
40 have become a law; provided, however, that this act shall remain in
41 effect until July 1, [2021] 2022 when upon such date the provisions of
42 this act shall expire and be deemed repealed; provided, further, that a
43 displaced worker shall be eligible for continuation assistance retroac-
44 tive to July 1, 2004.
45 § 2. This act shall take effect immediately.
46 PART LL
S. 2507--C 41 A. 3007--C
1 Section 1. Subparagraph (vi) of paragraph (b) of subdivision 4-a of
2 section 365-f of the social services law, as amended by section 4 of
3 part G of chapter 57 of the laws of 2019, is amended to read as follows:
4 (vi) the commissioner is authorized to either reoffer contracts [under
5 the same terms of this subdivision, if determined necessary by the
6 commissioner] or utilize the previous offer, to ensure that all
7 provisions of this section are met.
8 § 2. Subdivision 4-a of section 365-f of the social services law is
9 amended by adding three new paragraphs (b-1), (b-2) and (b-3) to read as
10 follows:
11 (b-1) Following the initial selection of contractors pursuant to this
12 subdivision the commissioner is instructed to survey for information
13 relating to the additional selection criteria under this paragraph and
14 paragraph (b-2) of this subdivision, in writing in a manner determined
15 by the commissioner, from all applicants that were qualified by the
16 commissioner as meeting minimum requirements of the procurement process
17 described in paragraph (b) of this subdivision including those that were
18 not awarded contracts under that process:
19 (i) whether the applicant is formed as a charitable corporation under
20 article two of the not-for-profit corporation law or authorized as a
21 foreign corporation under article thirteen of the not-for-profit corpo-
22 ration law;
23 (ii) was the applicant performing administrative services as a fiscal
24 intermediary prior to January first, two thousand twelve and has it
25 continuously provided such services for eligible individuals pursuant to
26 this section since that date;
27 (iii) the address the applicant listed as its primary mailing address
28 on its most recently filed state corporate tax return or its Federal
29 Return of Organization Exempt From Income Tax form (form 990);
30 (iv) whether the applicant is currently authorized, funded, approved
31 or certified to deliver state plan or home and community-based waiver
32 supports and services to individuals with intellectual and developmental
33 disabilities by the office for people with developmental disabilities;
34 (v) whether the applicant has historically provided fiscal interme-
35 diary administrative services to racial and ethnic minority residents or
36 new Americans, as defined in section ninety-four-b of the executive law,
37 in such consumers' primary language, as evidenced by information and
38 materials provided to consumers in the consumers' primary language or
39 languages; and
40 (vi) whether the applicant is verified as a minority or woman-owned
41 business enterprise pursuant to section three hundred fourteen of the
42 executive law.
43 (b-2) The commissioner shall give applicants thirty days to respond to
44 the survey. The failure of any applicants to respond to the survey and
45 provide the information sought within such thirty-day period shall
46 disqualify such applicants from consideration of any additional awards.
47 Following receipt of the survey responses from applicants, the commis-
48 sioner shall make awards to qualified applicants that previously submit-
49 ted applications, in addition to any awards already announced, as may be
50 necessary to ensure the commissioner has made awards as follows:
51 (i) the commissioner shall make awards to one or two additional appli-
52 cants, to the extent that such applications were received, that are
53 located in each county with a population of more than two hundred thou-
54 sand but less than five hundred thousand as evidenced by the primary
55 mailing address from the information surveyed under subparagraph (iii)
56 of paragraph (b-1) of this subdivision.
S. 2507--C 42 A. 3007--C
1 (ii) the commissioner shall make awards to one or two additional
2 applicants, to the extent that such applications were received, that are
3 located in each county with a population of five hundred thousand or
4 more as evidenced by the primary mailing address from the information
5 surveyed under subparagraph (iii) of paragraph (b-1) of this subdivi-
6 sion.
7 (iii) to provide geographic distribution that would ensure access in
8 different regions of the state the commissioner shall make awards to at
9 least two additional applicants, to the extent that such applications
10 were received, that are currently authorized, funded, approved or certi-
11 fied to deliver state plan or home and community-based waiver supports
12 and services to individuals with intellectual and developmental disabil-
13 ities by the office for people with developmental disabilities and meet
14 the following criteria:
15 (A) are organized as a not-for-profit corporation pursuant to article
16 two of the not-for-profit corporation law or authorized as a foreign
17 corporation under article thirteen of the not-for-profit corporation
18 law; or
19 (B) have been performing administrative services as fiscal interme-
20 diaries prior to January first, two thousand twelve and have been
21 continuously providing such services for eligible individuals pursuant
22 to this section since that date.
23 (iv) to provide geographic distribution that would ensure access in
24 different regions of the state the commissioner shall make awards to at
25 least two additional applicants, to the extent that such applications
26 were received, that serve racial and ethnic minority residents, reli-
27 gious minority residents, or new Americans in those consumers' primary
28 language, as evidenced by information and materials provided to consum-
29 ers in the consumers' primary language or languages and meet the follow-
30 ing criteria:
31 (A) are organized as a not-for-profit corporation pursuant to the
32 not-for-profit corporation law or authorized as a foreign corporation
33 under article thirteen of the not-for-profit corporation law; or
34 (B) have been performing administrative services as fiscal interme-
35 diaries prior to January first, two thousand twelve and have been
36 continuously providing such services for eligible individuals pursuant
37 to this section since that date.
38 (v) to provide geographic distribution that would ensure access in
39 different regions of the state the commissioner shall make awards to at
40 least two additional applicants, to the extent that such applications
41 were received, that have been verified as a minority or woman-owned
42 business enterprise pursuant to section three hundred fourteen of the
43 executive law.
44 (vi) Notwithstanding the requirements of this paragraph, the commis-
45 sioner may only make awards to the extent that applicants that meet the
46 prescribed criteria, as evidenced by the results of the survey required
47 under paragraph (b-1) of this subdivision, submitted qualifying applica-
48 tions and the commissioner shall not be required to make awards where no
49 applicant meets the prescribed criteria.
50 (b-3) In awarding any new contracts pursuant to paragraph (b-2) of
51 this subdivision, the commissioner shall not rescore the offers based on
52 the results of the survey required under paragraph (b-1) of this subdi-
53 vision, but shall award such contracts to the next highest scoring
54 applicant or applicants that meet the criteria under paragraph (b-2) of
55 this subdivision.
S. 2507--C 43 A. 3007--C
1 § 3. Paragraphs (d) and (e) of subdivision 4-d of section 365-f of the
2 social services law are relettered paragraphs (e) and (f) and a new
3 paragraph (d) is added to read as follows:
4 (d) where a fiscal intermediary is acquired by, merges with, sells
5 assets to, or engages in a transaction of a similar nature with a fiscal
6 intermediary that was awarded a contract pursuant to subdivision four-a
7 of this section, all the provisions of this subdivision shall apply. In
8 providing notice under subparagraph (i) of paragraph (a) of this subdi-
9 vision, the fiscal intermediary may inform the notice recipient of the
10 applicable transaction and, if applicable, the ability of the consumer
11 to remain with the awarded fiscal intermediary in accordance with any
12 guidance issued by the commissioner.
13 § 4. This act shall take effect immediately.
14 PART MM
15 Section 1. The public health law is amended by adding a new section
16 2808-e to read as follows:
17 § 2808-e. Residential health care for children with medical fragility
18 in transition to young adults and young adults with medical fragility
19 demonstration program. 1. Notwithstanding any law, rule, or regulation
20 to the contrary, the commissioner shall, within amounts appropriated and
21 subject to the availability of federal financial participation, estab-
22 lish a demonstration program for two eligible pediatric residential
23 health care facilities, as defined in paragraph (d) of subdivision two
24 of this section, to construct a new facility or repurpose part of an
25 existing facility to operate as a young adult residential health care
26 facility for the purpose of improving the quality of care for young
27 adults with medical fragility.
28 2. For purposes of this section:
29 (a) "children with medical fragility" shall mean children up to twen-
30 ty-one years of age who have a chronic debilitating condition or condi-
31 tions, are at risk of hospitalization, are technology-dependent for life
32 or health sustaining functions, require complex medication regimens or
33 medical interventions to maintain or to improve their health status,
34 and/or are in need of ongoing assessment or intervention to prevent
35 serious deterioration of their health status or medical complications
36 that place their life, health or development at risk.
37 (b) "young adults with medical fragility" shall mean individuals who
38 meet the definition of children with medical fragility, but for the fact
39 such individuals are aged between eighteen and thirty-five years old.
40 (c) "pediatric residential health care facility" shall mean a residen-
41 tial health care facility or discrete unit of a residential health care
42 facility providing services to children under the age of twenty-one.
43 (d) "eligible pediatric residential health care facilities" shall mean
44 pediatric health care facilities that meet the following eligibility
45 criteria for the demonstration program set forth in subdivision one of
46 this section: (i) has over one hundred and sixty licensed pediatric
47 beds; or (ii) is currently licensed for pediatric beds pursuant to this
48 article, is co-operated by a system of hospitals licensed pursuant to
49 this article, and such hospitals qualify for funds pursuant to a vital
50 access provider assurance program or a value based payment incentive
51 program, as administered by the department in accordance with all
52 requirements set forth in the state's federal 1115 Medicaid waiver stan-
53 dard terms and conditions.
S. 2507--C 44 A. 3007--C
1 3. Notwithstanding any law, rule, or regulation to the contrary, any
2 child with medical fragility who has resided for at least thirty consec-
3 utive days in an eligible pediatric residential health care facility and
4 who has reached the age of twenty-one while a resident, may continue
5 residing at such eligible pediatric residential health care facility and
6 receiving such services from the facility, provided that such young
7 adult with medical fragility remains eligible for nursing home care, and
8 provided further that the eligible pediatric residential health care
9 facility has prepared, applied for, and submitted to the commissioner, a
10 proposal for a new residential health care facility for the provision of
11 extensive nursing, medical, psychological and counseling support
12 services to young adults with medical fragility in accordance with
13 subdivision four of this section. A young adult with medical fragility
14 may remain in such eligible pediatric residential health care facility
15 until such time that the young adult with medical fragility attains the
16 age of thirty-five years or the young adult residential health care
17 facility is constructed and becomes operational, whichever is sooner.
18 4. Upon receipt of a certificate of need application from an eligible
19 pediatric residential health care facility selected by the commissioner
20 for the demonstration program authorized under this section, the commis-
21 sioner is authorized to approve, with the written approval of the public
22 health and health planning council pursuant to section twenty-eight
23 hundred two of this article, the construction of a new residential
24 health care facility to be constructed and operated on a parcel of land
25 within the same county as that of eligible pediatric residential health
26 care facility that is proposing such new facility and over which it will
27 have site control, or the repurposing of a portion of a residential
28 health care facility that is currently serving geriatric residents or
29 those with similar needs for the provision of nursing, medical, psycho-
30 logical and counseling support services appropriate to the needs of
31 nursing home-eligible young adults with medical fragility, referred to
32 herein below as a young adult facility, provided that the established
33 operator of such eligible pediatric residential health care facility
34 proposing the young adult facility is in good standing and possesses at
35 least thirty years' prior experience operating as a pediatric residen-
36 tial health care facility in the state or more than thirty years' expe-
37 rience serving medically fragile pediatric patients, and provided
38 further that such facility qualifies for the demonstration program set
39 forth in subdivision one of this section.
40 5. A young adult facility established pursuant to subdivision four of
41 this section may admit, from the community-at-large or upon referral
42 from an unrelated facility, young adults with medical fragility who
43 prior to reaching age twenty-one were children with medical fragility,
44 and who are eligible for nursing home care and in need of extensive
45 nursing, medical, psychological and counseling support services,
46 provided that the young adult facility, to promote continuity of care,
47 undertakes to provide priority admission to young adults with medical
48 fragility transitioning from the pediatric residential health care
49 facility or unit operated by the entity that proposed the young adult
50 facility and ensure sufficient capacity to admit such young adults as
51 they approach or attain twenty-one years of age.
52 6. (a) For inpatient services provided to any young adults with
53 medical fragility eligible for medical assistance pursuant to title
54 eleven of article five of the social services law residing at any eligi-
55 ble pediatric residential health care facility as authorized in subdivi-
56 sion three of this section, the commissioner shall establish the operat-
S. 2507--C 45 A. 3007--C
1 ing component of rates of reimbursement appropriate for young adults
2 with medical fragility residing at a pediatric residential health care
3 facility, to apply to such young adults twenty-one years of age or
4 older. Such methodology shall take into account the methodology used to
5 establish the operating component of the rates pursuant to section twen-
6 ty eight hundred eight of this article for pediatric residential health
7 care facilities with an increase or decrease adjustment as appropriate
8 to account for any discrete expenses associated with caring for young
9 adults with medical fragility, including addressing their distinct needs
10 as young adults for psychological and counseling support services.
11 (b) For inpatient services provided to any young adults with medical
12 fragility eligible for medical assistance pursuant to title eleven of
13 article five of the social services law at any young adult facility as
14 authorized in subdivision four of this section, the commissioner shall
15 establish the operating component of rates of reimbursement appropriate
16 for young adults with medical fragility. Such methodology shall take
17 into account the methodology used to establish the operating component
18 of the rates pursuant to section twenty eight hundred eight of this
19 article for pediatric residential health care facilities with an
20 increase or decrease adjustment as appropriate to account for any
21 discrete expenses associated with caring for young adults with medical
22 fragility, including addressing their distinct needs as young adults for
23 psychological and counseling support services.
24 7. The commissioner shall have authority to waive any rule or regu-
25 lation to effectuate the demonstration program authorized pursuant to
26 subdivision one of this section.
27 § 2. Within one year of the expiration of the demonstration program
28 established pursuant to section twenty-eight hundred eight-e of the
29 public health law, the department of health shall submit a report to the
30 governor, the temporary president of the senate, and the speaker of the
31 assembly regarding the results of the demonstration program. Such report
32 shall include a recommendation regarding the expansion of the demon-
33 stration program and other metrics to define the need for and cost of
34 services for the population of young adults with medical fragility, as
35 determined by the commissioner of health.
36 § 3. This act shall take effect on the one hundred twentieth day after
37 it shall have become a law; provided however, that section one of this
38 act shall expire and be deemed repealed two years after such effective
39 date; and provided further, that section two of this act shall expire
40 and be deemed repealed three years after such effective date.
41 PART NN
42 Section 1. Subdivision 14 of section 366 of the social services law,
43 as amended by section 71 of part A of chapter 56 of the laws of 2013, is
44 amended to read as follows:
45 14. The commissioner of health may make any available amendments to
46 the state plan for medical assistance submitted pursuant to section
47 three hundred sixty-three-a of this title, or, if an amendment is not
48 possible, develop and submit an application for any waiver or approval
49 under the federal social security act that may be necessary to disregard
50 or exempt an amount of income, for the purpose of assisting with housing
51 costs, for individuals receiving coverage of nursing facility services
52 under this title, other than short-term rehabilitation services, and for
53 individuals in receipt of medical assistance while in an adult home, as
54 defined in subdivision twenty-five of section two of this chapter, who:
S. 2507--C 46 A. 3007--C
1 are (i) discharged to the community; and (ii) if eligible, enrolled or
2 required to enroll and have initiated the process of enrolling in a plan
3 certified pursuant to section forty-four hundred three-f of the public
4 health law; and (iii) do not meet the criteria to be considered an
5 "institutionalized spouse" for purposes of section three hundred sixty-
6 six-c of this title.
7 § 2. This act shall take effect January 1, 2022.
8 PART OO
9 Section 1. Section 10 of part KKK of chapter 56 of the laws of 2020
10 amending the social services law and other laws relating to managed care
11 encounter data, authorizing electronic notifications, and establishing
12 regional demonstration projects, is amended to read as follows:
13 § 10. Contingent upon the availability of federal financial partic-
14 ipation or other federal authorization from the centers of medicare and
15 medicaid services, the commissioner of health, in consultation with the
16 superintendent of the department of financial services, is authorized to
17 implement one or more five-year regional demonstration programs that
18 would be designed to improve health outcomes and reduce costs, using a
19 value based model that pays providers an actuarially sound global, pre-
20 paid and fully capitated amount for individuals in the designated region
21 who are enrolled in the state's plan for medical assistance established
22 pursuant to title XIX, or any successor title, of the federal social
23 security act; the Medicare program established pursuant to title XVIII,
24 or any successor title, of the federal social security act; and insur-
25 ers, corporations, and health care plans authorized pursuant to the
26 insurance law or public health law. The demonstration program may offer
27 funding and incentives designed to improve health outcomes for attri-
28 buted individual beneficiaries designed to improve health outcomes,
29 develop necessary infrastructure and systems; and connect individuals to
30 community based organizations that address the social determinants of
31 health. At least one regional demonstration program shall be in the
32 western, central, southern tier, or capital regions of the state.
33 Notwithstanding any provision of law to the contrary, the commissioner
34 or the superintendent of the department of financial services may waive
35 any regulatory requirements as are necessary to implement the demon-
36 stration program; provided however, that regulations pertaining to
37 patient safety, patient autonomy, patient privacy, patient rights, due
38 process, scope of practice, professional licensure, environmental
39 protections, provider reimbursement methodologies, or occupational stan-
40 dards and employee rights may not be waived, nor shall any regulations
41 be waived if such waiver would risk patient safety. Participation in
42 such program shall be voluntary. One year after this section shall take
43 effect and annually thereafter the commissioner of health shall provide
44 a report detailing the activities and outcomes of such program, includ-
45 ing any regulatory requirements that are waived, to the speaker of the
46 assembly and the temporary president of the senate.
47 § 2. This act shall take effect immediately.
48 PART PP
49 Section 1. Subdivision 8 of section 268-a of the public health law, as
50 added by section 2 of part T of chapter 57 of the laws of 2019, is
51 amended to read as follows:
S. 2507--C 47 A. 3007--C
1 8. "Insurance affordability program" means Medicaid, child health
2 plus, the basic health program, post-partum extended coverage and any
3 other health insurance subsidy program designated as such by the commis-
4 sioner.
5 § 2. The social services law is amended by adding a new section 369-hh
6 to read as follows:
7 § 369-hh. Extended post-partum insurance coverage. 1. Definitions.
8 For purposes of this section:
9 (a) "Qualified individual" shall mean a person who is eligible to
10 enroll in a qualified health plan according to the definition found in
11 subdivision nine of section two hundred sixty-eight-a of the public
12 health law.
13 (b) "Qualified health plan" shall mean a health plan as defined in
14 subdivision seven of section two hundred sixty-eight-a of the public
15 health law.
16 (c) "Silver level qualified health plan" means a qualified health plan
17 that has an actuarial value in accordance with the levels established by
18 the marketplace for qualified individuals with an income between two
19 hundred and two hundred fifty percent of the federal poverty level.
20 (d) "Advanced premium tax credits" means payment of the tax credit
21 authorized by 26 U.S.C. 36B and its implementing regulations, which are
22 provided on an advance basis to qualified individuals enrolled in a
23 qualified health plan through the New York state of health, the official
24 health plan marketplace in accordance with section 1412(a) of the
25 Affordable Care Act, 42 U.S.C. § 18082(c)(2).
26 (e) "Health care services" means the services and supplies as defined
27 by the commissioner in consultation with the superintendent of financial
28 services, and shall be consistent with and subject to the essential
29 health benefits as defined by the commissioner in accordance with the
30 provisions of the patient protection and affordable care act (P.L.
31 111-148) and consistent with the benefits provided by the reference plan
32 selected by the commissioner for purposes of defining such benefits.
33 2. Authorization. The commissioner of health is authorized, with the
34 approval of the director of the budget, to establish a program for the
35 subsidization of extended post-partum insurance coverage to the individ-
36 uals eligible under this section.
37 3. Eligibility. (a) A person is eligible to receive coverage for
38 health care services pursuant to this title if they:
39 (i) Are a qualified individual pursuant to subdivision ten of section
40 two hundred sixty-eight-a of the public health law;
41 (ii) Were eligible for medical assistance following a pregnancy pursu-
42 ant to subparagraph one of paragraph (b) of subdivision four of section
43 three hundred sixty-six of this article; and
44 (iii) Have income which exceeds two hundred percent, but does not
45 exceed two hundred and twenty-three percent, of the federal poverty line
46 for the applicable family size, which shall be calculated in accordance
47 with guidance issued by the secretary of the United States department of
48 health and human services.
49 (b) A person eligible under this subdivision remains eligible until
50 the end of the twelfth month following the end of a pregnancy.
51 4. Enrollment. (a) On the first day of the month following disenroll-
52 ment from medical assistance, pursuant to subparagraph one of paragraph
53 (b) of subdivision four of section three hundred sixty-six of this arti-
54 cle, persons eligible under this section will be enrolled in a state-
55 subsidized silver level qualified health plan.
S. 2507--C 48 A. 3007--C
1 (b) Enrollment shall be subject to eligible individuals under this
2 section applying for and enrolling with the maximum advance premium tax
3 credit amount available to them.
4 5. Premiums. The state shall pay an eligible individual's remaining
5 premium obligation directly to their qualified health plan after apply-
6 ing the individual's maximum premium assistance amount, under section
7 1401(a) of the Patient Protection and Affordable Care Act, 26 U.S.C. §
8 36B(b)(2) and (3).
9 § 3. This act shall take effect October 1, 2021. The commissioner of
10 health shall immediately take all steps necessary and shall use best
11 efforts to secure federal financial participation for eligible benefici-
12 aries under title XIX of the social security act, for the purposes of
13 this act, including the prompt submission of appropriate amendments to
14 the title XIX state plan.
15 PART QQ
16 Section 1. The commissioner of health shall provide a report to the
17 temporary president of the senate, the speaker of the assembly, and the
18 chairs of the senate and assembly health committees by December 31, 2021
19 detailing the statutes, rules, and regulations, as well as other limita-
20 tions or processes, that apply to and govern the calculation and payment
21 of prescription drug dispensing fees to retail pharmacies by the state's
22 medical assistance program, both within the Medicaid managed care and
23 fee-for-service programs for the legislature to review, study, and
24 better understand the information provided in such report.
25 § 2. This act shall take effect immediately.
26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
27 sion, section or part of this act shall be adjudged by any court of
28 competent jurisdiction to be invalid, such judgment shall not affect,
29 impair, or invalidate the remainder thereof, but shall be confined in
30 its operation to the clause, sentence, paragraph, subdivision, section
31 or part thereof directly involved in the controversy in which such judg-
32 ment shall have been rendered. It is hereby declared to be the intent of
33 the legislature that this act would have been enacted even if such
34 invalid provisions had not been included herein.
35 § 3. This act shall take effect immediately provided, however, that
36 the applicable effective date of Parts A through QQ of this act shall be
37 as specifically set forth in the last section of such Parts.
