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S04007 Summary:

BILL NOS04007C
 
SAME ASSAME AS UNI. A03007-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; relates to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes (Part A); extends various provisions of laws relating to the provision of health care services, administration and programs (Part B); extends certain provisions of law relating to the health care reform act; extends provisions relating to the distribution of pool allocations and graduate medical education; extends provisions relating to health care initiative pool distributions; extends payment provisions for general hospitals; extends provisions relating to assessments on covered lives (Part C); extends the voluntary indigent care pool; establishes the definition of rural emergency hospital; expands eligibility for vital access provider assurance program funding; relates to Medicaid payments for the operating component of hospital inpatient services and hospital outpatient services (Part E); extends certain provisions of law relating to malpractice and professional medical conduct (Part F); relates to lowering the income threshold for eligibility to participate in private pay protocols for programs and services administered by the office for the aging (Part G); establishes the 1332 state innovation program; defines 1332 state innovation plan and state innovation plan individual; creates the 1332 state innovation fund; makes related provisions (Part H); extends authority to enroll certain recipients in need of more than 120 days of community based-long term care in a managed long term care plan; extends the moratorium on the processing and approval of applications seeking a certificate of authority as a managed long term care plan; provides for performance standards for managed long term care plans; provides for an additional increase in Medicaid payments made for the operating component of residential health care facilities services in addition to the increase provided by Part I of Chapter 57 of the laws of 2022 (Part I); authorizes Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); relates to site of service clinical review for determining whether a non-urgent outpatient medical procedures and surgeries procedure will be covered when rendered by a network participating provider at a hospital-based outpatient clinic (Part L); relates to the review and oversight of material transactions (Part M); expands the Medicaid Buy-In program for people with disabilities (Part N); creates the statewide health care facility transformation program; adds debt retirement, working capital or other non-capital projects to existing health care facility transformation programs (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); relates to expanding Medicaid coverage of preventative health care for nutrition and osteoarthritis services (Part R); modernizes the emergency medical system and workforce; creates an emergency medical services system and agency performance standards; establishes a public campaign to recruit additional personnel into the emergency medical fields; creates a state emergency medical services task force (Part S); relates to lead testing in certain multiple dwellings; establishes a state rental registry and proactive inspections to identify lead hazards for residential dwellings outside of the city of New York with two or more units built prior to nineteen hundred eighty; expands the powers of the secretary of state with respect to the New York state uniform fire prevention and building code (Part T); provides for the protection of electronic health information; sets requirements for communications to individuals about their electronic health information; prohibits law enforcement agencies and officers from purchasing or obtaining electronic health information without a warrant (Part U); relates to authorizing certain advanced home health aides to perform certain advanced tasks (Part W); provides for the registration of temporary health care services agencies; specifies requirements for registration (Part X); relates to affidavits for medical debt actions (Subpart A); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); relates to guaranty fund coverage for insurers writing health insurance; directs the superintendent of financial services to develop an assessment offset plan to limit the impact of certain assessments (Subpart D) (Part Y); requires hepatitis C screening and third trimester syphilis testing; extends provisions of law relating thereto (Part AA); adds certain fentanyl analogs to the schedules of controlled substances (Part BB); establishes a cost of living adjustment for designated human services programs (Part DD); extends certain provisions relating to services for individuals with developmental disabilities (Part EE); authorizes community behavioral health clinics to provide coordinated, comprehensive behavioral health care, including mental health and addiction services, primary care screening, and case management services (Part HH); provides for insurance coverage for behavioral health services (Subpart A); enhances utilization review standards for mental health services (Subpart B); expands coverage for substance use disorder treatment (Subpart E); provides for network adequacy for mental health and substance use disorder services (Subpart F) (Part II); authorizes the commissioner of mental hygiene to impose civil penalties and revoke certain operating certificates (Part JJ); establishes the independent developmental disability ombudsman program (Part KK); provides that coverage for abortion services shall include coverage of any drug prescribed for the purpose of an abortion, including both generic and brand name drugs, even if such drug has not been approved by the food and drug administration for abortion, provided, however, that such drug shall be a recognized medication for abortion in one of the following established reference compendia: The WHO Model Lists of Essential Medicines; The WHO Abortion Care Guidance; or The National Academies of Science, Engineering, and Medicine Consensus Study Report (Part LL); clarifies the definition of a clinical peer reviewer (Part MM); relates to wage adjustments for home care aides; provides for electronic visit verification for personal care and home health providers (Part NN); establishes the ten member "Daniel's law task force" to identify potential operational and financial needs to support a trauma-informed, community-led responses and diversions for anyone in the state experiencing a mental health, alcohol use, or substance use crisis; reviewing and recommending programs and systems operating within the state or nationally that could be deployed as a model crisis and emergency services system; and identifying potential funding sources for expanding mental health, alcohol use and substance use crisis response and diversion services (Part OO); directs the commissioner of mental health to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health and perinatal and postpartum mood and anxiety disorders (Part PP).
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S04007 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4007--C                                            A. 3007--C
 
                SENATE - ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        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  general  hospital
          reimbursement  for  annual  rates,  in relation to known and projected
          department of health state fund medicaid  expenditures  (Part  A);  to
          amend chapter 451 of the laws of 2007, amending the public health law,
          the  social  services  law and the insurance law relating to providing
          enhanced consumer and provider protections, in relation to the  effec-
          tiveness  of  certain  provisions relating to contracts between plans,
          insurers, or corporations and hospitals; to amend part C of chapter 58
          of the laws of 2007, amending the social services law and  other  laws
          relating  to adjustments of rates, in relation to the effectiveness of
          certain provisions relating to the amount  of  income  to  be  applied
          toward the cost of medical care, services and supplies of institution-
          alized spouses; to amend chapter 906 of the laws of 1984, amending the
          social services law relating to expanding medical assistance eligibil-
          ity  and the scope of services available to certain persons with disa-
          bilities, in relation to  the  effectiveness  thereof;  to  amend  the
          social  services  law,  in relation to the age of eligibility for home
          and community-based services waivers; to amend chapter 313 of the laws
          of 2018, amending the public health law relating to body imaging scan-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12571-05-3

        S. 4007--C                          2                         A. 3007--C
 
          ning equipment, in relation to the  effectiveness  thereof;  to  amend
          chapter 426 of the laws of 1983, amending the public health law relat-
          ing  to professional misconduct proceedings, in relation to the effec-
          tiveness  of  certain  provisions thereof; to amend chapter 582 of the
          laws of 1984, amending the public health law  relating  to  regulating
          activities  of physicians, in relation to the effectiveness of certain
          provisions thereof; to amend the public health  law,  in  relation  to
          extending the demonstration period in certain physician committees; to
          amend  chapter 505 of the laws of 1995, amending the public health law
          relating to the operation  of  department  of  health  facilities,  in
          relation to the effectiveness thereof; to amend the public health law,
          in  relation to reimbursement rate promulgation for residential health
          care facilities; to amend the public health law, in relation to certi-
          fied home health agency services payments; to amend chapter 19 of  the
          laws  of  1998,  amending the social services law relating to limiting
          the method of payment for prescription drugs under the medical assist-
          ance program, in relation to the effectiveness thereof; to  amend  the
          public  health  law,  in  relation  to  continuing  nursing home upper
          payment limit payments; to amend chapter 904  of  the  laws  of  1984,
          amending the public health law and the social services law relating to
          encouraging  comprehensive  health services, in relation to the effec-
          tiveness thereof; to amend part X2 of chapter 62 of the laws of  2003,
          amending  the  public  health  law relating to allowing for the use of
          funds of the office of professional medical conduct for activities  of
          the patient health information and quality improvement act of 2000, in
          relation  to  the  effectiveness  of  certain  provisions  relating to
          increasing information available to patients; to amend part H of chap-
          ter 59 of the laws of 2011, amending the public health law relating to
          the statewide health information network of New York and the statewide
          planning and  research  cooperative  system  and  general  powers  and
          duties,  in  relation to making certain provisions permanent; to amend
          part A of chapter 58 of the laws of 2008, amending the elder  law  and
          other laws relating to reimbursement to participating provider pharma-
          cies  and  prescription  drug  coverage,  in relation to extending the
          expiration of certain provisions thereof; to amend chapter 474 of  the
          laws  of  1996,  amending the education law and other laws relating to
          rates for residential health care facilities, in relation to extending
          the effectiveness of certain provisions thereof;  to amend chapter  81
          of  the  laws  of  1995, amending the public health law and other laws
          relating to medical reimbursement and welfare reform, in  relation  to
          extending  the  effectiveness  of certain provisions thereof; to amend
          the social services law, in relation to the effectiveness  of  certain
          provisions relating to negotiation of supplemental rebates relating to
          medication  assisted  treatment;  to amend part B of chapter 57 of the
          laws of 2015, amending the social services law and other laws relating
          to supplemental rebates, in relation to the effectiveness thereof;  to
          amend  part  KK of chapter 56 of the laws of 2020, amending the public
          health law relating to the designation of statewide  general  hospital
          quality  and sole community pools and the reduction of capital related
          inpatient expenses, in relation to the effectiveness thereof; to amend
          part C of chapter 60 of the laws of 2014, amending the social services
          law relating to fair hearings within the Fully Integrated Duals Advan-
          tage program, in relation to the effectiveness thereof; to amend chap-
          ter 779 of the laws of 1986, amending the social services law relating
          to authorizing services for non-residents in adult  homes,  residences
          for adults and enriched housing programs, in relation to extending the

        S. 4007--C                          3                         A. 3007--C
 
          effectiveness  of  certain provisions thereof; to amend chapter 884 of
          the laws of 1990, amending the public health law relating to authoriz-
          ing bad debt and charity care allowances  for  certified  home  health
          agencies,  in  relation  to extending the provisions thereof; to amend
          chapter 81 of the laws of 1995, amending the  public  health  law  and
          other  laws  relating  to medical reimbursement and welfare reform, in
          relation to the effectiveness thereof; to amend part A of  chapter  56
          of  the laws of 2013, amending chapter 59 of the laws of 2011 amending
          the public health law and other  laws  relating  to  general  hospital
          reimbursement  for  annual  rates, in relation to extending government
          rates for behavioral services and adding an alternative payment  meth-
          odology  requirement;  and to amend the public health law, in relation
          to residential health care facility assessments; to amend part  MM  of
          chapter 57 of the laws of 2021 amending the public health law relating
          to  aiding  in  the  transition to adulthood for children with medical
          fragility living in pediatric nursing homes  and  other  settings,  in
          relation  to  the  effectiveness  thereof; to amend chapter 471 of the
          laws of 2016 amending the education law  and  the  public  health  law
          relating  to  authorizing    certain  advanced  home  health  aides to
          perform  certain   advanced tasks, in relation  to  the  effectiveness
          thereof;  and to amend part R of chapter 59 of the laws of 2016 amend-
          ing the public health law and the education law relating to electronic
          prescriptions, in relation to the effectiveness thereof (Part  B);  to
          amend  part  A3 of chapter 62 of the laws of 2003 amending the general
          business law and other laws  relating  to  enacting  major  components
          necessary  to  implement  the  state fiscal plan for the 2003-04 state
          fiscal year, in relation to extending the effectiveness of  provisions
          thereof;  to  amend  the  New  York Health Care Reform Act of 1996, in
          relation to extending certain provisions relating  thereto;  to  amend
          the  New York Health Care Reform Act of 2000, in relation to extending
          the effectiveness of provisions thereof; to amend  the  public  health
          law,  in  relation  to  extending  certain  provisions relating to the
          distribution of pool allocations and graduate  medical  education;  to
          amend  the  public  health  law,  in  relation  to  extending  certain
          provisions relating to health care initiative pool  distributions;  to
          amend  the  social  services  law,  in  relation  to extending payment
          provisions for general hospitals; and to amend the public health  law,
          in  relation  to  extending certain provisions relating to the assess-
          ments on covered lives (Part C); intentionally omitted  (Part  D);  to
          amend the public health law, in relation to amending and extending the
          voluntary  indigent  care  pool; in relation to establishing the defi-
          nition of rural emergency  hospital;  and  in  relation  to  expanding
          eligibility  for  vital access provider assurance program funding; and
          to amend part I of chapter 57 of the laws of 2022 relating to  provid-
          ing a five percent across the board payment increase to all qualifying
          fee-for-service  Medicaid rates, in relation to Medicaid payments made
          for the operating component of hospital inpatient services and  hospi-
          tal  outpatient services (Part E); to amend chapter 266 of the laws of
          1986 amending the civil practice law and rules and other laws relating
          to  malpractice  and  professional medical   conduct, in  relation  to
          extending  the  effectiveness of certain provisions  thereof; to amend
          part J of chapter 63 of the laws of 2001 amending chapter 266  of  the
          laws  of 1986 amending the civil practice law and rules and other laws
          relating to malpractice and professional medical conduct, in  relation
          to extending certain provisions concerning the hospital excess liabil-
          ity  pool;  and to amend part H of chapter  57  of the  laws  of  2017

        S. 4007--C                          4                         A. 3007--C
 
          amending  the  New  York Health Care Reform Act of 1996 and other laws
          relating to extending certain provisions relating thereto, in relation
          to extending provisions relating to excess coverage (Part F); to amend
          the  elder  law,  in  relation  to programs for the aging (Part G); to
          amend section 5 of part AAA of chapter 56 of the laws of 2022,  amend-
          ing the social services law relating to expanding Medicaid eligibility
          requirements  for seniors and disabled individuals, in relation to the
          effectiveness of the basic health plan program; to  amend  the  social
          services  law,  in  relation  to  enacting  the  1332 state innovation
          program; and to amend the state finance law, in relation to establish-
          ing the 1332 state innovation program fund  (Part  H);  to  amend  the
          public  health  law,  in  relation  to  extending  authority to enroll
          certain recipients in need of more than 120 days of  community  based-
          long  term  care in a managed long term care plan; to amend the public
          health law, in relation to extending the moratorium on the  processing
          and  approval  of applications seeking a certificate of authority as a
          managed long term care plan  and  setting  performance  standards  for
          managed  long  term  care  plans; to amend part H of chapter 59 of the
          laws of 2011 amending the public health law and other laws relating to
          known and projected department of health state fund  medical  expendi-
          tures,  in  relation to extending the provisions thereof; and to amend
          part I of chapter 57 of the laws  of  2022  providing  a  one  percent
          across  the  board  payment increase to all qualifying fee-for-service
          Medicaid rates, in relation to providing an additional increase to all
          qualifying fee-for-service Medicaid rates for the operating  component
          of  residential  health  care  facilities  services  and an additional
          increase to all qualifying  fee-for-service  Medicaid  rates  for  the
          operating  component  of  assisted  living  programs  (Part I); inten-
          tionally omitted (Part J);  to  amend  the  social  services  law,  in
          relation  to  authorizing  Medicaid  eligibility  for certain services
          provided to individuals who are in a correctional institution, and for
          certain services provided to individuals who are in an institution for
          mental disease (Part K); to amend the insurance  law  and  the  public
          health  law,  in  relation  to site of service review and coverage for
          services provided at hospital-based outpatient clinics  (Part  L);  to
          amend  the  public  health law, in relation to review and oversight of
          material transactions (Part M); to amend the social services  law,  in
          relation  to  expanding  the  Medicaid  Buy-In program for people with
          disabilities (Part N); intentionally omitted (Part O);  to  amend  the
          public  health law, in relation to establishing a new statewide health
          care transformative program; and to amend the public  health  law,  in
          relation to adding debt retirement, working capital or other non-capi-
          tal  projects to existing health care facility transformation programs
          (Part P); to amend the social services law, in relation to  establish-
          ing  Medicaid  reimbursement  for  community health workers (CHWs) for
          high-risk populations; and to amend the public health law, in relation
          to permitting licensed mental health counselors and licensed  marriage
          and  family  therapists  in  community health centers to be reimbursed
          (Part Q); to amend the social services law and the public health  law,
          in relation to expanding Medicaid coverage of preventative health care
          services  (Part  R);  to  amend  the  public  health law and the civil
          service law, in relation to modernizing the state of New York's  emer-
          gency  medical  system  and  workforce  (Part  S); to amend the public
          health law, in relation to lead testing in certain multiple dwellings;
          to amend the executive law, in relation to expanding the powers of the
          secretary of state with respect to the New  York  state  uniform  fire

        S. 4007--C                          5                         A. 3007--C
 
          prevention  and building code; and providing for the repeal of certain
          provisions of the public health law upon expiration thereof (Part  T);
          to  amend  the  general  business  law,  in  relation  to safeguarding
          abortion  access  through  data  privacy  protection  (Part U); inten-
          tionally omitted (Part V); to amend chapter 471 of the  laws  of  2016
          amending  the  education  law  and  the  public health law relating to
          authorizing certain advanced home  health  aides  to  perform  certain
          advanced  tasks, in relation to the effectiveness thereof (Part W); to
          amend the public health law, in relation to providing for  the  regis-
          tration  of temporary health care services agencies (Part X); to amend
          the civil practice law and rules and the judiciary law, in relation to
          affidavits for medical debt actions (Subpart A); Intentionally omitted
          (Subpart B); to amend the public health law, in relation to  requiring
          hospitals  participating in the general hospital indigent care pool to
          use certain forms for the collection of medical debt (Subpart C);  and
          to  amend the insurance law, in relation to guaranty fund coverage for
          insurers writing health insurance; and to direct the    superintendent
          of  financial  services  to develop an assessment offset plan to limit
          the impact of certain assessments (Subpart D) (Part Y);  intentionally
          omitted (Part Z); to amend the public health law, in relation to hepa-
          titis  C screening and requiring third trimester syphilis testing; and
          to amend chapter 425 of the laws of 2013 amending   the public  health
          law  relating  to requiring hospitals to offer hepatitis C testing, in
          relation to extending such provisions thereof (Part AA); to amend  the
          public  health  law, in relation to adding certain fentanyl analogs to
          the schedules of controlled substances (Part BB); intentionally  omit-
          ted (Part CC); in relation to establishing a cost of living adjustment
          for  designated  human services programs (Part DD); to amend part A of
          chapter 56 of the laws of 2013, amending the social services  law  and
          other  laws  relating  to enacting the major components of legislation
          necessary to implement the health and mental hygiene  budget  for  the
          2013-2014  state  fiscal  year,  in  relation  to the effectiveness of
          certain provisions thereof (Part EE); intentionally omitted (Part FF);
          intentionally omitted (Part GG); to amend the mental hygiene  law,  in
          relation  to  certified community behavioral health clinics (Part HH);
          to amend the insurance law and the financial services law, in relation
          to insurance coverage for behavioral health services (Subpart  A);  to
          amend  the  insurance law, in relation to utilization review standards
          for mental health services (Subpart B); intentionally omitted (Subpart
          C); intentionally omitted (Subpart D); to amend the insurance law,  in
          relation to substance use disorder treatment (Subpart E); and to amend
          the  insurance  law  and the public health law, in relation to network
          adequacy  for  mental  health  and  substance  use  disorder  services
          (Subpart F) (Part II); to amend the mental hygiene law, in relation to
          the imposition of sanctions by the commissioner of mental health (Part
          JJ);  to amend the mental hygiene law, in relation to establishing the
          independent developmental disability ombudsman program (Part  KK);  to
          amend the insurance law, in relation to coverage for abortion services
          (Part  LL);  to  amend the public health law and the insurance law, in
          relation to the definition of clinical peer  reviewer  (Part  MM);  to
          amend  the public health law, in relation to wage adjustments for home
          care aides; to amend the social services law, in relation to electron-
          ic visit certifications; and  to  repeal  certain  provisions  of  the
          social  services  law,  relating to definitions and to preclaim review
          for participating providers of medical assistance program services and
          items (Part NN); to direct the office of mental health  to  convene  a

        S. 4007--C                          6                         A. 3007--C
 
          task force on implementing mental health crisis response and diversion
          for  mental health, alcohol use, and substance use crises; and provid-
          ing for the repeal of such  provisions  upon  the  expiration  thereof
          (Part  OO);  and directing the commissioner of mental health to estab-
          lish a maternal mental health workgroup to study and issue recommenda-
          tions related to maternal mental health and perinatal  and  postpartum
          mood  and  anxiety  disorders;  and  providing  for the repeal of such
          provision upon expiration thereof (Part PP)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state health and mental  hygiene  budget  for
     3  the  2023-2024  state  fiscal  year.  Each component is wholly contained
     4  within a Part identified as Parts A through PP. The effective  date  for
     5  each particular provision contained within such Part is set forth in the
     6  last section of such Part. Any provision in any section contained within
     7  a  Part,  including the effective date of the Part, which makes a refer-
     8  ence to a section "of this act",  when  used  in  connection  with  that
     9  particular  component,  shall  be deemed to mean and refer to the corre-
    10  sponding section of the Part in which it is found. Section three of this
    11  act sets forth the general effective date of this act.
 
    12                                   PART A

    13    Section 1. Paragraph (a) of subdivision 1 of section 92 of part  H  of
    14  chapter 59 of the laws of 2011, amending the public health law and other
    15  laws  relating  to  general  hospital reimbursement for annual rates, as
    16  amended by section 2 of part H of chapter 57 of the  laws  of  2022,  is
    17  amended to read as follows:
    18    (a)  For  state  fiscal  years  2011-12 through [2023-24] 2024-25, the
    19  director of the budget, in consultation with the commissioner of  health
    20  referenced  as "commissioner" for purposes of this section, shall assess
    21  on a quarterly basis, as reflected  in  quarterly  reports  pursuant  to
    22  subdivision  five  of  this  section  known  and projected department of
    23  health state funds medicaid expenditures by category of service  and  by
    24  geographic regions, as defined by the commissioner.
    25    §  2.  This  act  shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after April 1, 2023.
 
    27                                   PART B
 
    28    Section 1. Subdivision 1 of section 20 of chapter 451 of the  laws  of
    29  2007  amending  the  public  health law, the social services law and the
    30  insurance law relating  to  providing  enhanced  consumer  and  provider
    31  protections,  as  amended by chapter 181 of the laws of 2021, is amended
    32  to read as follows:
    33    1. sections four, eleven and thirteen  of this act shall  take  effect
    34  immediately  and  shall  expire  and  be deemed repealed June 30, [2023]
    35  2025;
    36    § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
    37  of 2007, amending the social services law and  other  laws  relating  to
    38  adjustments of rates, as amended by section 2 of part T of chapter 57 of
    39  the laws of 2018, is amended to read as follows:

        S. 4007--C                          7                         A. 3007--C
 
     1    6-a.  section  fifty-seven  of  this  act  shall  expire and be deemed
     2  repealed [on March 31, 2023] March 31, 2028; provided  that  the  amend-
     3  ments  made  by  such  section  to subdivision 4 of section 366-c of the
     4  social services law shall apply with respect to determining initial  and
     5  continuing  eligibility  for medical assistance, including the continued
     6  eligibility of recipients originally determined eligible  prior  to  the
     7  effective  date  of  this act, and provided further that such amendments
     8  shall not apply to any person or group of persons if it is  subsequently
     9  determined  by  the  Centers  for Medicare and Medicaid services or by a
    10  court of competent jurisdiction that  medical  assistance  with  federal
    11  financial  participation is available for the costs of services provided
    12  to such person or persons under  the  provisions  of  subdivision  4  of
    13  section  366-c of the social services law in effect immediately prior to
    14  the effective date of this act.
    15    § 3. Section 3 of chapter 906 of the laws of 1984, amending the social
    16  services law relating to expanding medical  assistance  eligibility  and
    17  the scope of services available to certain persons with disabilities, as
    18  amended  by  section  4  of part T of chapter 57 of the laws of 2018, is
    19  amended to read as follows:
    20    § 3. This act shall take effect on the thirtieth day  after  it  shall
    21  have  become  a  law  and  shall be of no further force and effect after
    22  [March 31, 2023] March 31, 2028, at which time the  provisions  of  this
    23  act shall be deemed to be repealed.
    24    §  4.  Subparagraph (i) of paragraph b of subdivision 6 of section 366
    25  of the social services law, as amended by chapter 389  of  the  laws  of
    26  2008, is amended to read as follows:
    27    (i) be [eighteen] twenty-one years of age or under;
    28    §  5.  Subparagraph (i) of paragraph b of subdivision 7 of section 366
    29  of the social services law, as amended by chapter 324  of  the  laws  of
    30  2004, is amended to read as follows:
    31    (i) be [eighteen] twenty-one years of age or under;
    32    §  6.  Subparagraph (i) of paragraph b of subdivision 9 of section 366
    33  of the social services law, as added by chapter 170 of the laws of 1994,
    34  is amended to read as follows:
    35    (i) be under [eighteen] twenty-one years of age;
    36    § 7. Section 2 of chapter 313 of the laws of 2018, amending the public
    37  health law relating to body imaging scanning equipment,  is  amended  to
    38  read as follows:
    39    § 2. This act shall take effect on the one hundred twentieth day after
    40  it  shall  have  become  a law; provided, however, that, effective imme-
    41  diately, the addition, amendment, and/or repeal of any rules  and  regu-
    42  lations  necessary to implement the provisions of this act on its effec-
    43  tive date are directed to be completed on or before such effective date;
    44  and provided further, that this act shall expire and be deemed  repealed
    45  [five years after such effective date] January 30, 2029.
    46    § 8. Section 5 of chapter 426 of the laws of 1983, amending the public
    47  health  law  relating to professional misconduct proceedings, as amended
    48  by chapter 106 of the laws of 2018, is amended to read as follows:
    49    § 5. This act shall take effect June 1, 1983 and shall remain in  full
    50  force and effect until July 1, [2023] 2028.
    51    § 9. Section 5 of chapter 582 of the laws of 1984, amending the public
    52  health  law  relating to regulating activities of physicians, as amended
    53  by chapter 106 of the laws of 2018, is amended to read as follows:
    54    § 5. This act shall take effect immediately, provided however that the
    55  provisions of this act shall remain in full force and effect until  July

        S. 4007--C                          8                         A. 3007--C
 
     1  1,  [2023] 2028 at which time the provisions of this act shall be deemed
     2  to be repealed.
     3    §  10. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
     4  230 of the public health law, as amended by chapter 106 of the  laws  of
     5  2018, is amended to read as follows:
     6    (ii)  Participation  and  membership during a three year demonstration
     7  period in a physician committee of the Medical Society of the  State  of
     8  New  York  or the New York State Osteopathic Society whose purpose is to
     9  confront and refer to treatment physicians who are thought to be suffer-
    10  ing from alcoholism, drug abuse, or mental illness.  Such  demonstration
    11  period shall commence on April first, nineteen hundred eighty and termi-
    12  nate  on May thirty-first, nineteen hundred eighty-three.  An additional
    13  demonstration period shall commence  on  June  first,  nineteen  hundred
    14  eighty-three  and  terminate  on  March  thirty-first,  nineteen hundred
    15  eighty-six. An additional demonstration period shall commence  on  April
    16  first,  nineteen hundred eighty-six and terminate on March thirty-first,
    17  nineteen hundred eighty-nine. An additional demonstration  period  shall
    18  commence  April  first, nineteen hundred eighty-nine and terminate March
    19  thirty-first, nineteen hundred ninety-two. An  additional  demonstration
    20  period  shall  commence  April  first,  nineteen  hundred ninety-two and
    21  terminate March thirty-first, nineteen  hundred  ninety-five.  An  addi-
    22  tional  demonstration  period  shall  commence  on April first, nineteen
    23  hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
    24  hundred  ninety-eight. An additional demonstration period shall commence
    25  on April first, nineteen hundred ninety-eight  and  terminate  on  March
    26  thirty-first,  two  thousand  three.  An additional demonstration period
    27  shall commence on April first, two thousand three and terminate on March
    28  thirty-first, two thousand thirteen. An additional demonstration  period
    29  shall commence April first, two thousand thirteen and terminate on March
    30  thirty-first,  two thousand eighteen. An additional demonstration period
    31  shall commence April first, two thousand eighteen and terminate on  July
    32  first,  two thousand [twenty-three] twenty-eight provided, however, that
    33  the commissioner may prescribe requirements for the continuation of such
    34  demonstration program, including periodic reviews of such  programs  and
    35  submission  of  any  reports  and data necessary to permit such reviews.
    36  During these additional periods, the  provisions  of  this  subparagraph
    37  shall also apply to a physician committee of a county medical society.
    38    §  11.  Section  4  of  chapter  505 of the laws of 1995, amending the
    39  public health law relating to the  operation  of  department  of  health
    40  facilities,  as amended by section 1 of part E of chapter 57 of the laws
    41  of 2019, is amended to read as follows:
    42    § 4. This act shall take effect immediately; provided,  however,  that
    43  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
    44  public  health  law,  as  added by section three of this act, shall take
    45  effect January 1, 1996 and shall expire and be deemed repealed  [twenty-
    46  eight years from the effective date thereof] March 31, 2027.
    47    §  12.  Paragraph  (b) of subdivision 17 of section 2808 of the public
    48  health law, as amended by section 15 of part E of chapter 57 of the laws
    49  of 2019, is amended to read as follows:
    50    (b) Notwithstanding any inconsistent provision of law or regulation to
    51  the contrary, for the state fiscal  years  beginning  April  first,  two
    52  thousand  ten and ending March thirty-first, two thousand [twenty-three]
    53  twenty-five, the commissioner shall not be required to revise  certified
    54  rates  of  payment established pursuant to this article for rate periods
    55  prior to April first, two thousand [twenty-three] twenty-five, based  on
    56  consideration  of  rate appeals filed by residential health care facili-

        S. 4007--C                          9                         A. 3007--C
 
     1  ties or based upon adjustments to capital cost reimbursement as a result
     2  of approval by the commissioner of an application for construction under
     3  section twenty-eight hundred two of this article, in excess of an aggre-
     4  gate  annual amount of eighty million dollars for each such state fiscal
     5  year provided, however, that for the period April  first,  two  thousand
     6  eleven  through  March  thirty-first, two thousand twelve such aggregate
     7  annual amount shall be fifty million dollars.  In  revising  such  rates
     8  within  such  fiscal limit, the commissioner shall, in prioritizing such
     9  rate appeals, include consideration of which facilities the commissioner
    10  determines are facing significant financial hardship  as  well  as  such
    11  other considerations as the commissioner deems appropriate and, further,
    12  the commissioner is authorized to enter into agreements with such facil-
    13  ities  or  any  other  facility to resolve multiple pending rate appeals
    14  based upon a negotiated aggregate amount and may offset such  negotiated
    15  aggregate  amounts  against  any  amounts  owed  by  the facility to the
    16  department, including, but not limited  to,  amounts  owed  pursuant  to
    17  section twenty-eight hundred seven-d of this article; provided, however,
    18  that the commissioner's authority to negotiate such agreements resolving
    19  multiple  pending  rate appeals as hereinbefore described shall continue
    20  on and after April first, two thousand [twenty-three] twenty-five.  Rate
    21  adjustments  made  pursuant  to  this  paragraph remain fully subject to
    22  approval by the director of the budget in accordance with the provisions
    23  of subdivision two of section twenty-eight hundred seven of  this  arti-
    24  cle.
    25    §  13.  Paragraph  (a) of subdivision 13 of section 3614 of the public
    26  health law, as amended by section 16 of part E of chapter 57 of the laws
    27  of 2019, is amended to read as follows:
    28    (a) Notwithstanding any inconsistent provision of  law  or  regulation
    29  and  subject  to  the  availability  of federal financial participation,
    30  effective April first, two thousand twelve through  March  thirty-first,
    31  two thousand [twenty-three] twenty-five, payments by government agencies
    32  for services provided by certified home health agencies, except for such
    33  services  provided  to  children  under  eighteen years of age and other
    34  discreet groups as may be determined by  the  commissioner  pursuant  to
    35  regulations,  shall  be based on episodic payments. In establishing such
    36  payments, a statewide base price shall be established for each sixty day
    37  episode of care and adjusted by a regional  wage  index  factor  and  an
    38  individual patient case mix index. Such episodic payments may be further
    39  adjusted  for  low utilization cases and to reflect a percentage limita-
    40  tion of the cost for high-utilization cases that exceed outlier  thresh-
    41  olds of such payments.
    42    § 14. Section 4 of chapter 19 of the laws of 1998, amending the social
    43  services law relating to limiting the method of payment for prescription
    44  drugs  under  the medical assistance program, as amended by section 2 of
    45  part BB of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
    46  follows:
    47    §  4. This act shall take effect 120 days after it shall have become a
    48  law and shall expire and be deemed repealed March 31, [2023] 2025.
    49    § 15. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
    50  health law, as amended by section 3 of part BB of chapter 56 of the laws
    51  of 2020, is amended to read as follows:
    52    (e-1) Notwithstanding any inconsistent provision of law or regulation,
    53  the  commissioner  shall  provide,  in  addition to payments established
    54  pursuant to this article prior to application  of  this  section,  addi-
    55  tional  payments  under the medical assistance program pursuant to title
    56  eleven of article five of the social services law for non-state operated

        S. 4007--C                         10                         A. 3007--C
 
     1  public residential health care facilities, including public  residential
     2  health  care  facilities  located in the county of Nassau, the county of
     3  Westchester and the county of Erie,  but  excluding  public  residential
     4  health  care  facilities  operated by a town or city within a county, in
     5  aggregate annual amounts of up to one hundred fifty million  dollars  in
     6  additional payments for the state fiscal year beginning April first, two
     7  thousand  six  and  for the state fiscal year beginning April first, two
     8  thousand seven and for the state fiscal year beginning April first,  two
     9  thousand eight and of up to three hundred million dollars in such aggre-
    10  gate  annual  additional  payments  for  the state fiscal year beginning
    11  April first, two thousand nine, and for the state fiscal year  beginning
    12  April  first,  two  thousand ten and for the state fiscal year beginning
    13  April first, two thousand eleven, and for the state fiscal years  begin-
    14  ning  April  first,  two  thousand  twelve and April first, two thousand
    15  thirteen, and of up to five hundred million dollars  in  such  aggregate
    16  annual  additional  payments  for the state fiscal years beginning April
    17  first, two thousand fourteen, April  first,  two  thousand  fifteen  and
    18  April  first,  two  thousand  sixteen  and of up to five hundred million
    19  dollars in such aggregate  annual  additional  payments  for  the  state
    20  fiscal years beginning April first, two thousand seventeen, April first,
    21  two thousand eighteen, and April first, two thousand nineteen, and of up
    22  to  five  hundred  million  dollars  in such aggregate annual additional
    23  payments for the state fiscal years beginning April first, two  thousand
    24  twenty, April first, two thousand twenty-one, and April first, two thou-
    25  sand  twenty-two,  and  of  up  to  five hundred million dollars in such
    26  aggregate annual additional payments for the state fiscal  years  begin-
    27  ning  April  first, two thousand twenty-three, April first, two thousand
    28  twenty-four, and April first, two thousand twenty-five. The amount allo-
    29  cated to each eligible public residential health care facility for  this
    30  period  shall be computed in accordance with the provisions of paragraph
    31  (f) of this subdivision, provided, however, that patient days  shall  be
    32  utilized  for  such  computation reflecting actual reported data for two
    33  thousand three and each representative succeeding  year  as  applicable,
    34  and  provided  further,  however,  that,  in  consultation with impacted
    35  providers, of the funds allocated for distribution in the  state  fiscal
    36  year  beginning  April  first,  two  thousand thirteen, up to thirty-two
    37  million dollars may be allocated in accordance with paragraph  (f-1)  of
    38  this subdivision.
    39    §  16.  Section  18  of  chapter 904 of the laws of 1984, amending the
    40  public health law and the social services law  relating  to  encouraging
    41  comprehensive  health  services,  as  amended by section 4 of part BB of
    42  chapter 56 of the laws of 2020, is amended to read as follows:
    43    § 18. This act shall take effect  immediately,  except  that  sections
    44  six,  nine, ten and eleven of this act shall take effect on the sixtieth
    45  day after it shall have become a law, sections two, three, four and nine
    46  of this act shall expire and be of no further  force  or  effect  on  or
    47  after  March  31, [2023] 2026, section two of this act shall take effect
    48  on April 1, 1985 or seventy-five days following the  submission  of  the
    49  report  required  by  section  one  of this act, whichever is later, and
    50  sections eleven and thirteen of this act  shall  expire  and  be  of  no
    51  further force or effect on or after March 31, 1988.
    52    § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
    53  the  public  health law relating to allowing for the use of funds of the
    54  office of professional medical conduct for  activities  of  the  patient
    55  health  information  and  quality improvement act of 2000, as amended by

        S. 4007--C                         11                         A. 3007--C
 
     1  section 5 of part BB of chapter 56 of the laws of 2020,  is  amended  to
     2  read as follows:
     3    §  4.  This  act  shall  take  effect  immediately;  provided that the
     4  provisions of section one of this act shall be deemed to  have  been  in
     5  full force and effect on and after April 1, 2003, and shall expire March
     6  31, [2023] 2026 when upon such date the provisions of such section shall
     7  be deemed repealed.
     8    §  18.  Subdivision  (o) of section 111 of part H of chapter 59 of the
     9  laws of 2011, amending the public health law relating to  the  statewide
    10  health  information  network  of New York and the statewide planning and
    11  research cooperative system and general powers and duties, as amended by
    12  section 6 of part BB of chapter 56 of the laws of 2020,  is  amended  to
    13  read as follows:
    14    (o)  sections thirty-eight and thirty-eight-a of this act shall expire
    15  and be deemed repealed March 31, [2023] 2026;
    16    § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending
    17  the elder law and other laws relating to reimbursement to  participating
    18  provider  pharmacies  and  prescription  drug  coverage,  as  amended by
    19  section 7 of part BB of chapter 56 of the laws of 2020,  is  amended  to
    20  read as follows:
    21    §  32.  This  act shall take effect immediately and shall be deemed to
    22  have been in full force and effect on and after April 1, 2008;  provided
    23  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    24  twenty-five of this act shall take effect July 1, 2008; provided however
    25  that sections sixteen, seventeen and eighteen of this act  shall  expire
    26  April  1,  [2023]  2026;  provided, however, that the amendments made by
    27  section twenty-eight of this act shall take effect on the same  date  as
    28  section  1  of  chapter  281  of the laws of 2007 takes effect; provided
    29  further, that sections twenty-nine, thirty, and thirty-one of  this  act
    30  shall  take effect October 1, 2008; provided further, that section twen-
    31  ty-seven of this act shall take effect January  1,  2009;  and  provided
    32  further,  that  section  twenty-seven  of  this  act shall expire and be
    33  deemed repealed March 31, [2023] 2026; and provided,  further,  however,
    34  that the amendments to subdivision 1 of section 241 of the education law
    35  made  by section twenty-nine of this act shall not affect the expiration
    36  of such subdivision and shall be deemed to expire therewith and provided
    37  that the amendments to section 272 of the  public  health  law  made  by
    38  section  thirty  of this act shall not affect the repeal of such section
    39  and shall be deemed repealed therewith.
    40    § 20. Section 228 of chapter 474 of the laws  of  1996,  amending  the
    41  education  law  and  other laws relating to rates for residential health
    42  care facilities, as amended by section 12 of part BB of  chapter  56  of
    43  the laws of 2020, is amended to read as follows:
    44    §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
    45  shall mean a downstate region to consist of Kings, New  York,  Richmond,
    46  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
    47  consist of all other New York state counties. A  certified  home  health
    48  agency  or  long  term  home health care program shall be located in the
    49  same county utilized by the commissioner of health for the establishment
    50  of rates pursuant to article 36 of the public health law.
    51    (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
    52  defined in section 3602 of the public health law.
    53    (c)  Long  term home health care program (LTHHCP) shall mean such term
    54  as defined in subdivision 8 of section 3602 of the public health law.
    55    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
    56  ly, located within a region.

        S. 4007--C                         12                         A. 3007--C
 
     1    (e) Medicaid revenue percentage, for purposes of this  section,  shall
     2  mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
     3  persons eligible for payments pursuant to title 11 of article 5  of  the
     4  social services law divided by such revenues plus CHHA and LTHHCP reven-
     5  ues attributable to services provided to beneficiaries of Title XVIII of
     6  the federal social security act (medicare).
     7    (f)  Base  period,  for  purposes of this section, shall mean calendar
     8  year 1995.
     9    (g) Target period. For purposes of this section, the 1996 target peri-
    10  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
    11  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
    12  target period shall mean January 1, 1998 through November 30, 1998,  the
    13  1999 target period shall mean January 1, 1999 through November 30, 1999,
    14  the  2000  target period shall mean January 1, 2000 through November 30,
    15  2000, the 2001 target period shall mean January 1, 2001 through November
    16  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
    17  November  30,  2002,  the  2003 target period shall mean January 1, 2003
    18  through November 30, 2003, the 2004 target period shall mean January  1,
    19  2004  through  November  30, 2004, and the 2005 target period shall mean
    20  January 1, 2005 through November 30, 2005, the 2006 target period  shall
    21  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
    22  period shall mean January 1, 2007 through November 30, 2007 and the 2008
    23  target period shall mean January 1, 2008 through November 30, 2008,  and
    24  the  2009  target period shall mean January 1, 2009 through November 30,
    25  2009 and the 2010 target period  shall  mean  January  1,  2010  through
    26  November  30, 2010 and the 2011 target period shall mean January 1, 2011
    27  through November 30, 2011 and the 2012 target period shall mean  January
    28  1,  2012 through November 30, 2012 and the 2013 target period shall mean
    29  January 1, 2013 through November 30, 2013, and the  2014  target  period
    30  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    31  period shall mean January 1, 2015 through November 30, 2015 and the 2016
    32  target  period  shall mean January 1, 2016 through November 30, 2016 and
    33  the 2017 target period shall mean January 1, 2017 through  November  30,
    34  2017  and  the  2018  target  period  shall mean January 1, 2018 through
    35  November 30, 2018 and the 2019 target period shall mean January 1,  2019
    36  through  November 30, 2019 and the 2020 target period shall mean January
    37  1, 2020 through November 30, 2020[,] and the 2021  target  period  shall
    38  mean January 1, 2021 through November 30, 2021 and the 2022 target peri-
    39  od  shall  mean  January  1, 2022 through November 30, 2022 and the 2023
    40  target period shall mean January 1, 2023 through November 30,  2023  and
    41  the  2024  target period shall mean January 1, 2024 through November 30,
    42  2024 and the 2025 target period  shall  mean  January  1,  2025  through
    43  November  30, 2025 and the 2026 target period shall mean January 1, 2026
    44  through November 30, 2026 and the 2027 target period shall mean  January
    45  1, 2027 through November 30, 2027.
    46    2.  (a) Prior to February 1, 1997, for each regional group the commis-
    47  sioner of health shall calculate the 1996 medicaid  revenue  percentages
    48  for the period commencing August 1, 1996 to the last date for which such
    49  data is available and reasonably accurate.
    50    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
    51  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
    52  prior  to February 1, 2003, prior to February 1, 2004, prior to February
    53  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
    54  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
    55  prior to February 1, 2011, prior to February 1, 2012, prior to  February
    56  1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to

        S. 4007--C                         13                         A. 3007--C
 
     1  February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
     2  prior  to February 1, 2019, prior to February 1, 2020, prior to February
     3  1, 2021, prior to February 1, 2022, [and] prior  to  February  1,  2023,
     4  prior  to February 1, 2024, prior to February 1, 2025, prior to February
     5  1, 2026 and prior to February  1,  2027  for  each  regional  group  the
     6  commissioner of health shall calculate the prior year's medicaid revenue
     7  percentages  for  the period commencing January 1 through November 30 of
     8  such prior year.
     9    3. By September 15, 1996, for each regional group the commissioner  of
    10  health shall calculate the base period medicaid revenue percentage.
    11    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
    12  percentage shall be calculated by subtracting the 1996 medicaid  revenue
    13  reduction percentages from the base period medicaid revenue percentages.
    14  The  1996  medicaid  revenue  reduction  percentage, taking into account
    15  regional and program differences in utilization of medicaid and medicare
    16  services, for the following regional groups shall be equal to:
    17    (i) one and one-tenth percentage points for CHHAs located  within  the
    18  downstate region;
    19    (ii)  six-tenths  of one percentage point for CHHAs located within the
    20  upstate region;
    21    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    22  in the downstate region; and
    23    (iv) one and seven-tenths percentage points for LTHHCPs located within
    24  the upstate region.
    25    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    26  2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
    27  2020, 2021, 2022 [and],  2023,  2024,  2025,  2026  and  2027  for  each
    28  regional  group,  the target medicaid revenue percentage for the respec-
    29  tive year shall be calculated by subtracting the respective year's medi-
    30  caid revenue reduction percentage from the base period medicaid  revenue
    31  percentage.  The  medicaid revenue reduction percentages for 1997, 1998,
    32  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
    33  2012,  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],
    34  2023, 2024, 2025, 2026  and  2027,  taking  into  account  regional  and
    35  program  differences  in  utilization of medicaid and medicare services,
    36  for the following regional groups shall be equal to for each such year:
    37    (i) one and one-tenth percentage points for CHHAs located  within  the
    38  downstate region;
    39    (ii)  six-tenths  of one percentage point for CHHAs located within the
    40  upstate region;
    41    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    42  in the downstate region; and
    43    (iv) one and seven-tenths percentage points for LTHHCPs located within
    44  the upstate region.
    45    (c) For each regional group, the 1999 target medicaid revenue percent-
    46  age shall  be  calculated  by  subtracting  the  1999  medicaid  revenue
    47  reduction  percentage  from the base period medicaid revenue percentage.
    48  The 1999 medicaid revenue reduction  percentages,  taking  into  account
    49  regional and program differences in utilization of medicaid and medicare
    50  services, for the following regional groups shall be equal to:
    51    (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
    52  point for CHHAs located within the downstate region;
    53    (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
    54  located within the upstate region;
    55    (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
    56  LTHHCPs located within the downstate region; and

        S. 4007--C                         14                         A. 3007--C

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

        S. 4007--C                         15                         A. 3007--C
 
     1    For each regional group reduction,  if  the  reduction  factor  for  a
     2  particular  year  shall be zero, there shall be no state share reduction
     3  amount for such year.
     4    (c) For each regional group, the 1999 reduction factor shall be multi-
     5  plied by the following amounts to determine each regional group's appli-
     6  cable 1999 state share reduction amount:
     7    (i) one million seven hundred ninety-two thousand five hundred dollars
     8  ($1,792,500) for CHHAs located within the downstate region;
     9    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
    10  for CHHAs located within the upstate region;
    11    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
    12  for LTHHCPs located within the downstate region; and
    13    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
    14  for LTHHCPs located within the upstate region.
    15    For each regional group reduction, if the 1999 reduction factor  shall
    16  be zero, there shall be no 1999 state share reduction amount.
    17    7.  (a) For each regional group, the 1996 state share reduction amount
    18  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
    19  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
    20  achieve  the  1996  target  medicaid revenue percentage, calculated on a
    21  provider specific basis utilizing revenues for this  purpose,  expressed
    22  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
    23  achieve the 1996 target medicaid revenue percentage within the  applica-
    24  ble  regional group. This proportion shall be multiplied by the applica-
    25  ble 1996 state share reduction amount calculation pursuant to  paragraph
    26  (a)  of  subdivision  6 of this section. This amount shall be called the
    27  1996 provider specific state share reduction amount.
    28    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
    29  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    30  2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 and 2027  for  each
    31  regional group, the state share reduction amount for the respective year
    32  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
    33  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
    34  achieve the target medicaid revenue percentage for the applicable  year,
    35  calculated  on  a  provider  specific  basis utilizing revenues for this
    36  purpose, expressed as a proportion of  the  total  of  each  CHHA's  and
    37  LTHHCP's  failure  to achieve the target medicaid revenue percentage for
    38  the applicable year within the applicable regional group.  This  propor-
    39  tion  shall be multiplied by the applicable year's state share reduction
    40  amount calculation pursuant to paragraph (b) or (c) of subdivision 6  of
    41  this  section.  This  amount shall be called the provider specific state
    42  share reduction amount for the applicable year.
    43    8. (a) The 1996 provider specific state share reduction  amount  shall
    44  be due to the state from each CHHA and LTHHCP and may be recouped by the
    45  state  by  March  31, 1997 in a lump sum amount or amounts from payments
    46  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
    47  social services law.
    48    (b) The provider specific state share reduction amount for 1997, 1998,
    49  1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
    50  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020,  2021,  2022
    51  [and], 2023, 2024, 2025, 2026 and 2027 respectively, shall be due to the
    52  state  from  each  CHHA and LTHHCP and each year the amount due for such
    53  year may be recouped by the state by March 31 of the following year in a
    54  lump sum amount or amounts from payments due  to  the  CHHA  and  LTHHCP
    55  pursuant to title 11 of article 5 of the social services law.

        S. 4007--C                         16                         A. 3007--C
 
     1    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
     2  times as the commissioner of health may require  for  purposes  of  this
     3  section.  The  commissioner of health may use data available from third-
     4  party payors.
     5    10. On or about June 1, 1997, for each regional group the commissioner
     6  of  health  shall  calculate for the period August 1, 1996 through March
     7  31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
     8  share  reduction  amount,  and a provider specific state share reduction
     9  amount in accordance with the methodology provided in paragraph  (a)  of
    10  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    11  sion  6 and paragraph (a) of subdivision 7 of this section. The provider
    12  specific state share reduction amount calculated in accordance with this
    13  subdivision shall be compared to the 1996 provider specific state  share
    14  reduction amount calculated in accordance with paragraph (a) of subdivi-
    15  sion 7 of this section. Any amount in excess of the amount determined in
    16  accordance  with paragraph (a) of subdivision 7 of this section shall be
    17  due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
    18  accordance  with  paragraph (a) of subdivision 8 of this section. If the
    19  amount is less than the amount determined in accordance  with  paragraph
    20  (a)  of  subdivision 7 of this section, the difference shall be refunded
    21  to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
    22  and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
    23  March 31, 1997 to the commissioner of health by April 15, 1997.
    24    11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
    25  required for purposes of this section:
    26    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    27  caid  revenue  percentage  between  the  applicable  base period and the
    28  applicable target period for purposes of the  calculations  pursuant  to
    29  this section; and
    30    (b)  the  commissioner of health shall reduce the current rate paid to
    31  such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
    32  article  36  of the public health law by one percent for a period begin-
    33  ning on the first day of the calendar month following the applicable due
    34  date as established by the commissioner of health and  continuing  until
    35  the last day of the calendar month in which the required data and infor-
    36  mation are submitted.
    37    12. The commissioner of health shall inform in writing the director of
    38  the  budget  and the chair of the senate finance committee and the chair
    39  of the assembly ways and means committee of the results  of  the  calcu-
    40  lations pursuant to this section.
    41    §  21.  Paragraph  (f) of subdivision 1 of section 64 of chapter 81 of
    42  the laws of 1995, amending the public health law and other laws relating
    43  to medical reimbursement and welfare reform, as amended by section 13 of
    44  part BB of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
    45  follows:
    46    (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
    47  February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
    48  February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
    49  February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
    50  February  1, 2016, February 1, 2017, February 1, 2018, February 1, 2019,
    51  February 1, 2020, February 1, 2021, February 1, 2022 [and], February  1,
    52  2023,  February  1,  2024,  February  1,  2025 and February 1, 2026, the
    53  commissioner of health shall calculate the result of the statewide total
    54  of residential health care facility days of care provided  to  benefici-
    55  aries  of  title  XVIII  of  the federal social security act (medicare),
    56  divided by the sum of such days of care plus days of  care  provided  to

        S. 4007--C                         17                         A. 3007--C
 
     1  residents eligible for payments pursuant to title 11 of article 5 of the
     2  social  services  law  minus  the  number  of days provided to residents
     3  receiving hospice care,  expressed  as  a  percentage,  for  the  period
     4  commencing January 1, through November 30, of the prior year respective-
     5  ly,  based  on such data for such period. This value shall be called the
     6  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
     7  2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019, 2020, 2021, 2022 [and],
     8  2023, 2024, 2025 and 2026 statewide target percentage respectively.
     9    §  22.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
    10  64 of chapter 81 of the laws of 1995, amending the public health law and
    11  other laws relating to medical  reimbursement  and  welfare  reform,  as
    12  amended  by  section 14 of part BB of chapter 56 of the laws of 2020, is
    13  amended to read as follows:
    14    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
    15  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
    16  2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 and 2026 statewide target
    17  percentages are not for each year at least three percentage points high-
    18  er than the statewide base percentage, the commissioner of health  shall
    19  determine  the  percentage  by which the statewide target percentage for
    20  each year is not at least three percentage points higher than the state-
    21  wide base percentage. The percentage calculated pursuant to  this  para-
    22  graph  shall  be  called  the  1997, 1998, 2000, 2001, 2002, 2003, 2004,
    23  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
    24  2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 and 2026
    25  statewide reduction percentage respectively. If the  1997,  1998,  2000,
    26  2001,  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,
    27  2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and],  2023,
    28  2024,  2025 and 2026 statewide target percentage for the respective year
    29  is at least three percentage  points  higher  than  the  statewide  base
    30  percentage,  the  statewide reduction percentage for the respective year
    31  shall be zero.
    32    § 23. Subparagraph (iii) of paragraph (b) of subdivision 4 of  section
    33  64 of chapter 81 of the laws of 1995, amending the public health law and
    34  other  laws  relating  to  medical  reimbursement and welfare reform, as
    35  amended by section 15 of part BB of chapter 56 of the laws of  2020,  is
    36  amended to read as follows:
    37    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
    38  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,  2020,
    39  2021, 2022 [and], 2023, 2024, 2025 and 2026 statewide reduction percent-
    40  age  shall be multiplied by one hundred two million dollars respectively
    41  to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005,  2006,  2007,
    42  2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
    43  2020, 2021, 2022 [and], 2023, 2024, 2025 and  2026  statewide  aggregate
    44  reduction  amount.  If  the  1998  and the 2000, 2001, 2002, 2003, 2004,
    45  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,  2016,
    46  2017,  2018,  2019,  2020,  2021,  2022 [and], 2023, 2024, 2025 and 2026
    47  statewide reduction percentage shall be zero respectively,  there  shall
    48  be  no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
    49  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019  2020,  2021,
    50  2022 [and], 2023, 2024, 2025 and 2026 reduction amount.
    51    §  24.    The  opening  paragraph of paragraph (e) of subdivision 7 of
    52  section 367-a of the social services law, as amended  by  section  1  of
    53  part  GG  of  chapter  56  of  the  laws  of 2020, is amended to read as
    54  follows:
    55    During the period from April first, two thousand fifteen through March
    56  thirty-first, two thousand [twenty-three] twenty-six,  the  commissioner

        S. 4007--C                         18                         A. 3007--C
 
     1  may,  in  lieu  of  a managed care provider or pharmacy benefit manager,
     2  negotiate directly and enter into an arrangement with  a  pharmaceutical
     3  manufacturer for the provision of supplemental rebates relating to phar-
     4  maceutical  utilization  by enrollees of managed care providers pursuant
     5  to section three hundred sixty-four-j of this title and may also negoti-
     6  ate directly and enter into such an agreement relating to pharmaceutical
     7  utilization by medical  assistance  recipients  not  so  enrolled.  Such
     8  rebate  arrangements  shall be limited to the following: antiretrovirals
     9  approved by the FDA for the treatment  of  HIV/AIDS,  opioid  dependence
    10  agents  and  opioid  antagonists  listed in a statewide formulary estab-
    11  lished pursuant to subparagraph (vii) of  this  paragraph,  hepatitis  C
    12  agents,  high  cost drugs as provided for in subparagraph (viii) of this
    13  paragraph, gene therapies as provided for in subparagraph (ix)  of  this
    14  paragraph,  and  any  other class or drug designated by the commissioner
    15  for which  the  pharmaceutical  manufacturer  has  in  effect  a  rebate
    16  arrangement  with  the  federal  secretary  of health and human services
    17  pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
    18  standard clinical criteria. No agreement entered into pursuant  to  this
    19  paragraph  shall  have an initial term or be extended beyond the expira-
    20  tion or repeal of this paragraph.
    21    § 25. Subdivision 1 of section 60 of part B of chapter 57 of the  laws
    22  of  2015,  amending  the  social services law and other laws relating to
    23  supplemental rebates, as amended by section 8 of part GG of  chapter  56
    24  of the laws of 2020, is amended to read as follows:
    25    1.  section  one of this act shall expire and be deemed repealed March
    26  31, [2026] 2029;
    27    § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending
    28  the public health law relating to the designation of  statewide  general
    29  hospital  quality  and sole community pools and the reduction of capital
    30  related inpatient expenses, is amended to read as follows:
    31    § 8. This act shall take effect immediately and  shall  be  deemed  to
    32  have been in full force and effect on and after April 1, 2020, provided,
    33  further  that  sections  [three]  four  through [nine] seven of this act
    34  shall expire and be deemed repealed  March  31,  [2023]  2026;  provided
    35  further,  however,  that the director of the budget may, in consultation
    36  with the commissioner of health, delay the  effective  dates  prescribed
    37  herein for a period of time which shall not exceed ninety days following
    38  the  conclusion  or termination of an executive order issued pursuant to
    39  section 28 of the executive law declaring a state disaster emergency for
    40  the entire state of New York, upon such delay  the  director  of  budget
    41  shall  notify  the  chairs  of the assembly ways and means committee and
    42  senate finance committee and the  chairs  of  the  assembly  and  senate
    43  health  committee;  provided  further, however, that the director of the
    44  budget shall notify the legislative bill drafting  commission  upon  the
    45  occurrence  of  a  delay in the effective date of this act in order that
    46  the commission may maintain an accurate and timely effective  data  base
    47  of the official text of the laws of the state of New York in furtherance
    48  of  effectuating the provisions of section 44 of the legislative law and
    49  section 70-b of the public officers law.
    50    § 27. Subdivision 4-a of section 71 of part C of  chapter  60  of  the
    51  laws of 2014, amending the social services law relating to fair hearings
    52  within  the  Fully  Integrated  Duals  Advantage  program, as amended by
    53  section 7 of part MM of chapter 56 of the laws of 2020,  is  amended  to
    54  read as follows:
    55    4-a.  section  twenty-two of this act shall take effect April 1, 2014,
    56  and shall be deemed expired January 1, [2024] 2026;

        S. 4007--C                         19                         A. 3007--C
 
     1    § 28. Section 4 of chapter 779 of  the  laws  of  1986,  amending  the
     2  social  services  law relating to authorizing services for non-residents
     3  in adult homes, residences for adults and enriched housing programs,  as
     4  amended  by  section 1 of item PP of subpart B of part XXX of chapter 58
     5  of the laws of 2020, is amended to read as follows:
     6    § 4. This act shall take effect on the one hundred twentieth day after
     7  it  shall  have  become  a law and shall remain in full force and effect
     8  until July 1, [2023] 2026, provided however, that effective immediately,
     9  the addition, amendment and/or repeal of any rules or regulations neces-
    10  sary for the implementation of the foregoing sections of this act on its
    11  effective date are authorized and directed to be made and  completed  on
    12  or before such effective date.
    13    §  29.  Section  11  of  chapter 884 of the laws of 1990, amending the
    14  public health law relating to authorizing  bad  debt  and  charity  care
    15  allowances  for  certified home health agencies, as amended by section 1
    16  of part S of chapter 57 of the laws of  2021,  is  amended  to  read  as
    17  follows:
    18    § 11. This act shall take effect immediately and:
    19    (a) sections one and three shall expire on December 31, 1996,
    20    (b)  sections  four  through ten shall expire on June 30, [2023] 2025,
    21  and
    22    (c) provided that the amendment to section 2807-b of the public health
    23  law by section two of this act shall not affect the expiration  of  such
    24  section  2807-b  as  otherwise  provided  by  law and shall be deemed to
    25  expire therewith.
    26    § 30. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
    27  1995,  amending the public health law and other laws relating to medical
    28  reimbursement and welfare reform, as amended by section 3 of part  S  of
    29  chapter 57 of the laws of 2021, is amended to read as follows:
    30    5-a.  Section sixty-four-a of this act shall be deemed to have been in
    31  full force and effect on and after April 1, 1995 through March 31,  1999
    32  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
    33  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
    34  through March 31, 2007, and on and after April 1, 2007 through March 31,
    35  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
    36  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
    37  2013  through  March  31,  2015,  and on and after April 1, 2015 through
    38  March 31, 2017 and on and after April 1, 2017 through  March  31,  2019,
    39  and  on and after April 1, 2019 through March 31, 2021, and on and after
    40  April 1, 2021 through March 31, 2023, and on and  after  April  1,  2023
    41  through March 31, 2025;
    42    §  31.  Section  64-b  of chapter 81 of the laws of 1995, amending the
    43  public health law and other laws relating to medical  reimbursement  and
    44  welfare  reform,  as amended by section 4 of part S of chapter 57 of the
    45  laws of 2021, is amended to read as follows:
    46    §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
    47  provisions of subdivision 7 of section 3614 of the public health law, as
    48  amended,  shall  remain and be in full force and effect on April 1, 1995
    49  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
    50  and after April 1, 2000 through March 31, 2003 and on and after April 1,
    51  2003 through March 31, 2007, and on and  after  April  1,  2007  through
    52  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
    53  and on and after April 1, 2011 through March 31, 2013, and on and  after
    54  April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
    55  through March 31, 2017 and on and after April 1, 2017 through March  31,
    56  2019,  and on and after April 1, 2019 through March 31, 2021, and on and

        S. 4007--C                         20                         A. 3007--C
 
     1  after April 1, 2021 through March 31, 2023, and on and  after  April  1,
     2  2023 through March 31, 2025.
     3    §  32. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
     4  ing chapter 59 of the laws of 2011 amending the public  health  law  and
     5  other  laws relating to general hospital reimbursement for annual rates,
     6  as amended by section 5 of part S of chapter 57 of the laws of 2021,  is
     7  amended to read as follows:
     8    §  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
     9  2807-c of the public health law, section 21 of chapter 1 of the laws  of
    10  1999,  or  any  other contrary provision of law, in determining rates of
    11  payments by state governmental agencies effective for services  provided
    12  on  and  after  January 1, 2017 through March 31, [2023] 2025, for inpa-
    13  tient and outpatient services provided by general hospitals,  for  inpa-
    14  tient services and adult day health care outpatient services provided by
    15  residential  health care facilities pursuant to article 28 of the public
    16  health law, except for residential health care facilities  or  units  of
    17  such  facilities  providing services primarily to children under twenty-
    18  one years of age, for home health care  services  provided  pursuant  to
    19  article  36  of the public health law by certified home health agencies,
    20  long term home health care programs and AIDS home care programs, and for
    21  personal care services provided pursuant to section 365-a of the  social
    22  services  law,  the  commissioner  of health shall apply no greater than
    23  zero trend factors attributable to the 2017,  2018,  2019,  2020,  2021,
    24  2022  [and], 2023, 2024 and 2025 calendar years in accordance with para-
    25  graph (c) of subdivision 10 of section 2807-c of the public health  law,
    26  provided,  however, that such no greater than zero trend factors attrib-
    27  utable to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024  and
    28  2025  calendar  years shall also be applied to rates of payment provided
    29  on and after January 1, 2017 through March 31, [2023] 2025 for  personal
    30  care services provided in those local social services districts, includ-
    31  ing  New  York city, whose rates of payment for such services are estab-
    32  lished by such local social services districts pursuant to  a  rate-set-
    33  ting exemption issued by the commissioner of health to such local social
    34  services  districts  in  accordance  with  applicable  regulations;  and
    35  provided further, however, that for rates of payment for assisted living
    36  program services provided on and after January 1, 2017 through March 31,
    37  [2023] 2025, such trend factors attributable to the  2017,  2018,  2019,
    38  2020,  2021,  2022  [and],  2023,  2024 and 2025 calendar years shall be
    39  established at no greater than zero percent.
    40    § 33. Subdivision 2 of section 246 of chapter 81 of the laws of  1995,
    41  amending  the  public  health  law  and  other  laws relating to medical
    42  reimbursement and welfare reform, as amended by section 6 of part  S  of
    43  chapter 57 of the laws of 2021, is amended to read as follows:
    44    2.  Sections  five,  seven  through nine, twelve through fourteen, and
    45  eighteen of this act shall be deemed to have  been  in  full  force  and
    46  effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
    47  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
    48  through March 31, 2003 and on and after April 1, 2003 through March  31,
    49  2006  and  on  and after April 1, 2006 through March 31, 2007 and on and
    50  after April 1, 2007 through March 31, 2009 and on  and  after  April  1,
    51  2009  through  March 31, 2011 and sections twelve, thirteen and fourteen
    52  of this act shall be deemed to be in full force and effect on and  after
    53  April  1,  2011  through  March  31, 2015 and on and after April 1, 2015
    54  through March 31, 2017 and on and after April 1, 2017 through March  31,
    55  2019,  and on and after April 1, 2019 through March 31, 2021, and on and

        S. 4007--C                         21                         A. 3007--C
 
     1  after April 1, 2021 through March 31, 2023, and on and  after  April  1,
     2  2023 through March 31, 2025;
     3    §  34.  Subparagraph (vi) of paragraph (b) of subdivision 2 of section
     4  2807-d of the public health law, as amended by section 11 of part  S  of
     5  chapter 57 of the laws of 2021, is amended to read as follows:
     6    (vi)  Notwithstanding  any contrary provision of this paragraph or any
     7  other provision of law or regulation to the  contrary,  for  residential
     8  health care facilities the assessment shall be six percent of each resi-
     9  dential  health care facility's gross receipts received from all patient
    10  care services and other operating income on a cash basis for the  period
    11  April  first,  two thousand two through March thirty-first, two thousand
    12  three for hospital  or  health-related  services,  including  adult  day
    13  services;  provided,  however,  that residential health care facilities'
    14  gross receipts attributable to payments received pursuant to title XVIII
    15  of the federal social security act (medicare) shall be excluded from the
    16  assessment; provided, however, that for all such gross receipts received
    17  on or after April first, two thousand three through March  thirty-first,
    18  two  thousand  five,  such assessment shall be five percent, and further
    19  provided that for all such gross receipts received  on  or  after  April
    20  first,  two thousand five through March thirty-first, two thousand nine,
    21  and on or after April first, two thousand  nine  through  March  thirty-
    22  first,  two  thousand  eleven  such assessment shall be six percent, and
    23  further provided that for all such gross receipts received on  or  after
    24  April  first,  two thousand eleven through March thirty-first, two thou-
    25  sand thirteen such assessment shall be six percent, and further provided
    26  that for all such gross receipts received on or after April  first,  two
    27  thousand  thirteen through March thirty-first, two thousand fifteen such
    28  assessment shall be six percent, and further provided that for all  such
    29  gross  receipts  received  on or after April first, two thousand fifteen
    30  through March thirty-first, two thousand seventeen such assessment shall
    31  be six percent, and further provided that for all  such  gross  receipts
    32  received  on  or after April first, two thousand seventeen through March
    33  thirty-first,  two  thousand  nineteen  such  assessment  shall  be  six
    34  percent,  and further provided that for all such gross receipts received
    35  on or after April first, two thousand  nineteen  through  March  thirty-
    36  first, two thousand twenty-one such assessment shall be six percent, and
    37  further  provided  that for all such gross receipts received on or after
    38  April first, two thousand twenty-one  through  March  thirty-first,  two
    39  thousand  twenty-three such assessment shall be six percent, and further
    40  provided that for all such gross receipts received  on  or  after  April
    41  first,  two  thousand twenty-three through March thirty-first, two thou-
    42  sand twenty-five such assessment shall be six percent.
    43    § 35. Section 3 of part MM of chapter 57 of the laws of 2021  amending
    44  the  public health law relating to aiding in the transition to adulthood
    45  for children with medical fragility living in  pediatric  nursing  homes
    46  and other settings is amended to read as follows:
    47    § 3. This act shall take effect on the one hundred twentieth day after
    48  it  shall  have become a law; provided however, that section one of this
    49  act shall expire and be deemed repealed  [two]  four  years  after  such
    50  effective date; and provided further, that section two of this act shall
    51  expire  and  be  deemed repealed [three] five years after such effective
    52  date.
    53    § 35-a. Subdivision b of section 12 of chapter 471 of the laws of 2016
    54  amending the education law and the public health law relating to author-
    55  izing  certain advanced home health aides to  perform  certain  advanced
    56  tasks, is amended to read as follows:

        S. 4007--C                         22                         A. 3007--C
 
     1    b.  this  act  shall  expire  and  be  deemed repealed March 31, 2023;
     2  provided, however, that section eight of this act shall  expire  and  be
     3  deemed repealed March 31, 2032.
     4    §  35-b. Section 9 of part R of chapter 59 of the laws of 2016, amend-
     5  ing the public health law and the education law relating  to  electronic
     6  prescriptions,  as  amended by section 1 of part BB of chapter 56 of the
     7  laws of 2020, is amended to read as follows:
     8    § 9. This act shall take effect immediately;  provided  however,  that
     9  sections  one and two of this act shall take effect on the first of June
    10  next succeeding the date on which it shall have become a law  and  shall
    11  expire and be deemed repealed June 1, [2023] 2026.
    12    §  36.  This  act shall take effect immediately and shall be deemed to
    13  have been in full force and effect on and after April 1, 2023; provided,
    14  however, that the amendments to subdivision 6  of  section  366  of  the
    15  social  services  law  made by section four of this act shall not affect
    16  the repeal of such subdivision and shall be deemed  repealed  therewith;
    17  provided  further,  however, that the amendments to subparagraph (ii) of
    18  paragraph (c) of subdivision 11 of section 230 of the public health  law
    19  made  by section ten of this act shall not affect the expiration of such
    20  subparagraph and shall be  deemed  to  expire  therewith;  and  provided
    21  further,  however, that the amendments to the opening paragraph of para-
    22  graph (e) of subdivision 7 of section 367-a of the social  services  law
    23  made  by  section twenty-four of this act shall not affect the repeal of
    24  such paragraph and shall be deemed repealed therewith.
 
    25                                   PART C
 
    26    Section 1.  Section 34 of part A3 of chapter 62 of the  laws  of  2003
    27  amending  the  general  business law and other laws relating to enacting
    28  major components necessary to implement the state fiscal  plan  for  the
    29  2003-04  state fiscal year, as amended by section 1 of part Y of chapter
    30  56 of the laws of 2020, is amended to read as follows:
    31    § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
    32  regulation  and  effective  April 1, 2008 through March 31, [2023] 2026,
    33  the commissioner of health is authorized to transfer and the state comp-
    34  troller is authorized and directed to receive for deposit to the  credit
    35  of  the department of health's special revenue fund - other, health care
    36  reform act (HCRA) resources fund - 061, provider  collection  monitoring
    37  account,  within  amounts  appropriated each year, those funds collected
    38  and accumulated pursuant to section 2807-v of  the  public  health  law,
    39  including  income  from  invested  funds, for the purpose of payment for
    40  administrative costs of the department of  health  related  to  adminis-
    41  tration  of  statutory  duties  for  the  collections  and distributions
    42  authorized by section 2807-v of the public health law.
    43    (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
    44  lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
    45  commissioner of health is authorized to transfer  and  the  state  comp-
    46  troller  is authorized and directed to receive for deposit to the credit
    47  of the department of health's special revenue fund - other, health  care
    48  reform  act  (HCRA) resources fund - 061, provider collection monitoring
    49  account, within amounts appropriated each year,  those  funds  collected
    50  and  accumulated  and interest earned through surcharges on payments for
    51  health care services pursuant to section 2807-s of the public health law
    52  and from assessments pursuant to section 2807-t of the public health law
    53  for the purpose of payment for administrative costs of the department of
    54  health related to administration of statutory duties for the collections

        S. 4007--C                         23                         A. 3007--C
 
     1  and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
     2  the public health law.
     3    (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
     4  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
     5  commissioner  of health is authorized to transfer and the comptroller is
     6  authorized to deposit, within  amounts  appropriated  each  year,  those
     7  funds  authorized  for distribution in accordance with the provisions of
     8  paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
     9  law  for the purposes of payment for administrative costs of the depart-
    10  ment of health related  to  the  child  health  insurance  plan  program
    11  authorized  pursuant to title 1-A of article 25 of the public health law
    12  into the special revenue funds - other, health care  reform  act  (HCRA)
    13  resources fund - 061, child health insurance account, established within
    14  the department of health.
    15    (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
    16  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    17  commissioner  of health is authorized to transfer and the comptroller is
    18  authorized to deposit, within  amounts  appropriated  each  year,  those
    19  funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
    20  2807-v of the public health law for the purpose of payment for  adminis-
    21  trative  costs  of the department of health related to administration of
    22  the state's tobacco control programs and cancer services provided pursu-
    23  ant to sections 2807-r and 1399-ii of the public health  law  into  such
    24  accounts established within the department of health for such purposes.
    25    (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
    26  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    27  commissioner  of health is authorized to transfer and the comptroller is
    28  authorized to deposit, within amounts appropriated each year, the  funds
    29  authorized for distribution in accordance with the provisions of section
    30  2807-l of the public health law for the purposes of payment for adminis-
    31  trative costs of the department of health related to the programs funded
    32  pursuant  to  section  2807-l  of the public health law into the special
    33  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    34  061,  pilot  health insurance account, established within the department
    35  of health.
    36    (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
    37  lation  and  effective  April 1, 2008 through March 31, [2023] 2026, the
    38  commissioner of health is authorized to transfer and the comptroller  is
    39  authorized  to  deposit,  within  amounts  appropriated each year, those
    40  funds authorized for distribution in accordance with the  provisions  of
    41  subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
    42  of the public health law from monies accumulated and interest earned  in
    43  the  bad  debt  and  charity care and capital statewide pools through an
    44  assessment charged to general hospitals pursuant to  the  provisions  of
    45  subdivision  18  of  section  2807-c  of the public health law and those
    46  funds authorized for distribution in accordance with the  provisions  of
    47  section  2807-l of the public health law for the purposes of payment for
    48  administrative costs of the department of  health  related  to  programs
    49  funded  under  section  2807-l of the public health law into the special
    50  revenue funds - other, health care reform act (HCRA)  resources  fund  -
    51  061, primary care initiatives account, established within the department
    52  of health.
    53    (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
    54  lation and effective April 1, 2008 through March 31,  [2023]  2026,  the
    55  commissioner  of health is authorized to transfer and the comptroller is
    56  authorized to deposit, within  amounts  appropriated  each  year,  those

        S. 4007--C                         24                         A. 3007--C

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

        S. 4007--C                         25                         A. 3007--C
 
     1  surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
     2  2807-t of the public health law, and administration and distributions of
     3  funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
     4  2807-k,  2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
     5  health law, as amended or added by this act, related to patient services
     6  provided before December 31, [2023] 2026, and continued  expenditure  of
     7  funds  authorized  for programs and grants until the exhaustion of funds
     8  therefor;
     9    § 5. Section 2807-l of the public health law, as amended by section  5
    10  of  part  Y  of  chapter  56  of the laws of 2020, is amended to read as
    11  follows:
    12    § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
    13  lated in the health care initiatives pools pursuant to paragraph (b)  of
    14  subdivision  nine  of section twenty-eight hundred seven-j of this arti-
    15  cle, or the health care reform act  (HCRA)  resources  fund  established
    16  pursuant to section ninety-two-dd of the state finance law, whichever is
    17  applicable,  including  income from invested funds, shall be distributed
    18  or retained by the commissioner or by the state comptroller, as applica-
    19  ble, in accordance with the following.
    20    (a) Funds shall be reserved and accumulated  from  year  to  year  and
    21  shall  be  available, including income from invested funds, for purposes
    22  of distributions to programs to provide health care coverage  for  unin-
    23  sured  or underinsured children pursuant to sections twenty-five hundred
    24  ten and twenty-five hundred eleven of this chapter from  the  respective
    25  health  care  initiatives pools established for the following periods in
    26  the following amounts:
    27    (i) from the pool for the period January first, nineteen hundred nine-
    28  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    29  up to one hundred twenty million six hundred thousand dollars;
    30    (ii)  from  the  pool  for  the period January first, nineteen hundred
    31  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    32  eight,  up  to  one  hundred  sixty-four  million  five hundred thousand
    33  dollars;
    34    (iii) from the pool for the period  January  first,  nineteen  hundred
    35  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    36  up to one hundred eighty-one million dollars;
    37    (iv)  from the pool for the period January first, two thousand through
    38  December thirty-first, two thousand, two hundred seven million dollars;
    39    (v) from the pool for the  period  January  first,  two  thousand  one
    40  through December thirty-first, two thousand one, two hundred thirty-five
    41  million dollars;
    42    (vi)  from  the  pool  for  the period January first, two thousand two
    43  through December thirty-first, two thousand two, three  hundred  twenty-
    44  four million dollars;
    45    (vii)  from  the pool for the period January first, two thousand three
    46  through December thirty-first, two thousand three, up  to  four  hundred
    47  fifty million three hundred thousand dollars;
    48    (viii)  from  the pool for the period January first, two thousand four
    49  through December thirty-first, two thousand four,  up  to  four  hundred
    50  sixty million nine hundred thousand dollars;
    51    (ix)  from  the  pool  or  the health care reform act (HCRA) resources
    52  fund, whichever is applicable, for the period January first,  two  thou-
    53  sand  five  through  December thirty-first, two thousand five, up to one
    54  hundred fifty-three million eight hundred thousand dollars;
    55    (x) from the health care reform act  (HCRA)  resources  fund  for  the
    56  period  January  first,  two thousand six through December thirty-first,

        S. 4007--C                         26                         A. 3007--C
 
     1  two thousand six, up to three hundred twenty-five million  four  hundred
     2  thousand dollars;
     3    (xi)  from  the  health  care reform act (HCRA) resources fund for the
     4  period January first, two thousand seven through December  thirty-first,
     5  two  thousand  seven, up to four hundred twenty-eight million fifty-nine
     6  thousand dollars;
     7    (xii) from the health care reform act (HCRA) resources  fund  for  the
     8  period  January first, two thousand eight through December thirty-first,
     9  two thousand ten, up to four hundred  fifty-three  million  six  hundred
    10  seventy-four thousand dollars annually;
    11    (xiii)  from  the health care reform act (HCRA) resources fund for the
    12  period January first, two thousand eleven, through  March  thirty-first,
    13  two  thousand  eleven,  up  to one hundred thirteen million four hundred
    14  eighteen thousand dollars;
    15    (xiv) from the health care reform act (HCRA) resources  fund  for  the
    16  period April first, two thousand eleven, through March thirty-first, two
    17  thousand  twelve,  up to three hundred twenty-four million seven hundred
    18  forty-four thousand dollars;
    19    (xv) from the health care reform act (HCRA)  resources  fund  for  the
    20  period April first, two thousand twelve, through March thirty-first, two
    21  thousand  thirteen,  up  to three hundred forty-six million four hundred
    22  forty-four thousand dollars;
    23    (xvi) from the health care reform act (HCRA) resources  fund  for  the
    24  period  April  first, two thousand thirteen, through March thirty-first,
    25  two thousand fourteen, up to three hundred seventy million  six  hundred
    26  ninety-five thousand dollars; and
    27    (xvii)  from the health care reform act (HCRA) resources fund for each
    28  state fiscal year for periods on and after  April  first,  two  thousand
    29  fourteen, within amounts appropriated.
    30    (b)  Funds  shall  be  reserved  and accumulated from year to year and
    31  shall be available, including income from invested funds,  for  purposes
    32  of  distributions  for  health  insurance  programs under the individual
    33  subsidy programs established pursuant to the expanded health care cover-
    34  age act of nineteen hundred eighty-eight as amended, and for  evaluation
    35  of  such  programs  from the respective health care initiatives pools or
    36  the health care reform act (HCRA) resources fund, whichever is  applica-
    37  ble, established for the following periods in the following amounts:
    38    (i)  (A)  an amount not to exceed six million dollars on an annualized
    39  basis for the  periods  January  first,  nineteen  hundred  ninety-seven
    40  through  December  thirty-first, nineteen hundred ninety-nine; up to six
    41  million dollars for the  period  January  first,  two  thousand  through
    42  December  thirty-first, two thousand; up to five million dollars for the
    43  period January first, two thousand one  through  December  thirty-first,
    44  two  thousand  one;  up  to  four million dollars for the period January
    45  first, two thousand two through December thirty-first, two thousand two;
    46  up to two million six hundred thousand dollars for  the  period  January
    47  first,  two  thousand  three through December thirty-first, two thousand
    48  three; up to one million three hundred thousand dollars for  the  period
    49  January  first,  two  thousand  four  through December thirty-first, two
    50  thousand four; up to six hundred seventy thousand dollars for the period
    51  January first, two thousand five through June  thirtieth,  two  thousand
    52  five;  up  to  one million three hundred thousand dollars for the period
    53  April first, two thousand six through March thirty-first,  two  thousand
    54  seven; and up to one million three hundred thousand dollars annually for
    55  the  period  April first, two thousand seven through March thirty-first,

        S. 4007--C                         27                         A. 3007--C
 
     1  two thousand nine, shall be allocated to  individual  subsidy  programs;
     2  and
     3    (B)  an  amount  not  to exceed seven million dollars on an annualized
     4  basis for the periods during the period January first, nineteen  hundred
     5  ninety-seven through December thirty-first, nineteen hundred ninety-nine
     6  and  four  million  dollars  annually for the periods January first, two
     7  thousand through December thirty-first,  two  thousand  two,  and  three
     8  million dollars for the period January first, two thousand three through
     9  December  thirty-first,  two thousand three, and two million dollars for
    10  the period January first, two thousand  four  through  December  thirty-
    11  first, two thousand four, and two million dollars for the period January
    12  first, two thousand five through June thirtieth, two thousand five shall
    13  be allocated to the catastrophic health care expense program.
    14    (ii) Notwithstanding any law to the contrary, the characterizations of
    15  the  New  York state small business health insurance partnership program
    16  as in effect prior  to  June  thirtieth,  two  thousand  three,  voucher
    17  program  as  in effect prior to December thirty-first, two thousand one,
    18  individual subsidy program as in effect prior  to  June  thirtieth,  two
    19  thousand  five,  and  catastrophic  health  care  expense program, as in
    20  effect prior to June thirtieth, two thousand five, may, for the purposes
    21  of identifying matching funds for the community health  care  conversion
    22  demonstration  project  described in a waiver of the provisions of title
    23  XIX of the federal social security act granted to the state of New  York
    24  and dated July fifteenth, nineteen hundred ninety-seven, may continue to
    25  be used to characterize the insurance programs in sections four thousand
    26  three  hundred  twenty-one-a,  four thousand three hundred twenty-two-a,
    27  four thousand three hundred twenty-six and four thousand  three  hundred
    28  twenty-seven of the insurance law, which are successor programs to these
    29  programs.
    30    (c)  Up to seventy-eight million dollars shall be reserved and accumu-
    31  lated from year to year from the pool  for  the  period  January  first,
    32  nineteen  hundred  ninety-seven  through December thirty-first, nineteen
    33  hundred ninety-seven, for purposes of  public  health  programs,  up  to
    34  seventy-six  million dollars shall be reserved and accumulated from year
    35  to year from the pools for the periods January first,  nineteen  hundred
    36  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    37  eight and January first, nineteen hundred ninety-nine  through  December
    38  thirty-first,  nineteen  hundred  ninety-nine, up to eighty-four million
    39  dollars shall be reserved and accumulated from year  to  year  from  the
    40  pools  for the period January first, two thousand through December thir-
    41  ty-first, two thousand, up  to  eighty-five  million  dollars  shall  be
    42  reserved and accumulated from year to year from the pools for the period
    43  January first, two thousand one through December thirty-first, two thou-
    44  sand one, up to eighty-six million dollars shall be reserved and accumu-
    45  lated from year to year from the pools for the period January first, two
    46  thousand  two  through  December  thirty-first,  two thousand two, up to
    47  eighty-six million one hundred fifty thousand dollars shall be  reserved
    48  and  accumulated from year to year from the pools for the period January
    49  first, two thousand three through December  thirty-first,  two  thousand
    50  three,  up  to fifty-eight million seven hundred eighty thousand dollars
    51  shall be reserved and accumulated from year to year from the  pools  for
    52  the  period  January  first,  two thousand four through December thirty-
    53  first, two thousand four, up to sixty-eight million seven hundred thirty
    54  thousand dollars shall be reserved and accumulated  from  year  to  year
    55  from  the  pools  or  the  health care reform act (HCRA) resources fund,
    56  whichever is applicable, for the period January first, two thousand five

        S. 4007--C                         28                         A. 3007--C
 
     1  through December thirty-first, two  thousand  five,  up  to  ninety-four
     2  million three hundred fifty thousand dollars shall be reserved and accu-
     3  mulated  from  year  to  year  from  the  health  care reform act (HCRA)
     4  resources  fund  for  the period January first, two thousand six through
     5  December thirty-first, two thousand six,  up  to  seventy  million  nine
     6  hundred  thirty-nine  thousand dollars shall be reserved and accumulated
     7  from year to year from the health care reform act (HCRA) resources  fund
     8  for  the period January first, two thousand seven through December thir-
     9  ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
    10  eighty-nine  thousand dollars annually shall be reserved and accumulated
    11  from year to year from the health care reform act (HCRA) resources  fund
    12  for  the period January first, two thousand eight through December thir-
    13  ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
    14  two thousand dollars shall be reserved and accumulated from year to year
    15  from  the  health  care  reform act (HCRA) resources fund for the period
    16  January first, two thousand eleven through March thirty-first, two thou-
    17  sand eleven, and for periods on and  after  April  first,  two  thousand
    18  eleven,  up  to  funding amounts specified below and shall be available,
    19  including income from invested funds, for:
    20    (i) deposit by the commissioner, within amounts appropriated, and  the
    21  state  comptroller  is  hereby  authorized  and  directed to receive for
    22  deposit to, to the credit of the department of health's special  revenue
    23  fund  -  other, hospital based grants program account or the health care
    24  reform act (HCRA) resources fund, whichever is applicable, for  purposes
    25  of  services  and  expenses  related  to  general  hospital  based grant
    26  programs, up to twenty-two million dollars annually  from  the  nineteen
    27  hundred  ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
    28  hundred ninety-nine pool, two thousand pool, two thousand one  pool  and
    29  two  thousand  two  pool, respectively, up to twenty-two million dollars
    30  from the two thousand three pool, up to  ten  million  dollars  for  the
    31  period  January  first, two thousand four through December thirty-first,
    32  two thousand four, up to eleven million dollars for the  period  January
    33  first,  two  thousand  five  through December thirty-first, two thousand
    34  five, up to twenty-two million dollars for the period January first, two
    35  thousand six through December thirty-first,  two  thousand  six,  up  to
    36  twenty-two million ninety-seven thousand dollars annually for the period
    37  January  first,  two  thousand  seven through December thirty-first, two
    38  thousand ten, up to  five  million  five  hundred  twenty-four  thousand
    39  dollars  for the period January first, two thousand eleven through March
    40  thirty-first, two thousand eleven, up to thirteen million  four  hundred
    41  forty-five  thousand  dollars  for  the period April first, two thousand
    42  eleven through March thirty-first, two thousand twelve, and up to  thir-
    43  teen  million  three  hundred  seventy-five  thousand dollars each state
    44  fiscal year for the period April  first,  two  thousand  twelve  through
    45  March thirty-first, two thousand fourteen;
    46    (ii) deposit by the commissioner, within amounts appropriated, and the
    47  state  comptroller  is  hereby  authorized  and  directed to receive for
    48  deposit to, to the credit of the  emergency  medical  services  training
    49  account  established  in section ninety-seven-q of the state finance law
    50  or the health care reform act (HCRA) resources fund, whichever is appli-
    51  cable, up to sixteen million dollars on  an  annualized  basis  for  the
    52  periods  January  first,  nineteen hundred ninety-seven through December
    53  thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
    54  for the period January first,  two  thousand  through  December  thirty-
    55  first,  two  thousand,  up  to twenty-one million dollars for the period
    56  January first, two thousand one through December thirty-first, two thou-

        S. 4007--C                         29                         A. 3007--C
 
     1  sand one, up to twenty-two million dollars for the period January first,
     2  two thousand two through December thirty-first, two thousand two, up  to
     3  twenty-two  million  five  hundred fifty thousand dollars for the period
     4  January  first,  two  thousand  three through December thirty-first, two
     5  thousand three, up to nine million six hundred eighty  thousand  dollars
     6  for  the  period January first, two thousand four through December thir-
     7  ty-first, two thousand four, up to twelve  million  one  hundred  thirty
     8  thousand dollars for the period January first, two thousand five through
     9  December  thirty-first, two thousand five, up to twenty-four million two
    10  hundred fifty thousand dollars for the period January first,  two  thou-
    11  sand  six  through December thirty-first, two thousand six, up to twenty
    12  million four hundred ninety-two thousand dollars annually for the period
    13  January first, two thousand seven  through  December  thirty-first,  two
    14  thousand  ten,  up  to  five  million  one hundred twenty-three thousand
    15  dollars for the period January first, two thousand eleven through  March
    16  thirty-first,  two thousand eleven, up to eighteen million three hundred
    17  fifty thousand dollars for the period April first, two  thousand  eleven
    18  through  March thirty-first, two thousand twelve, up to eighteen million
    19  nine hundred fifty thousand dollars for  the  period  April  first,  two
    20  thousand twelve through March thirty-first, two thousand thirteen, up to
    21  nineteen  million  four hundred nineteen thousand dollars for the period
    22  April first, two thousand thirteen through March thirty-first, two thou-
    23  sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
    24  sand  seven  hundred  dollars  each  state fiscal year for the period of
    25  April first, two thousand fourteen through March thirty-first, two thou-
    26  sand [twenty-three] twenty-six;
    27    (iii) priority distributions by  the  commissioner  up  to  thirty-two
    28  million dollars on an annualized basis for the period January first, two
    29  thousand  through  December thirty-first, two thousand four, up to thir-
    30  ty-eight million dollars on an annualized basis for the  period  January
    31  first,  two  thousand  five  through December thirty-first, two thousand
    32  six, up to eighteen million two hundred fifty thousand dollars  for  the
    33  period  January first, two thousand seven through December thirty-first,
    34  two thousand seven, up to three million dollars annually for the  period
    35  January  first,  two  thousand  eight through December thirty-first, two
    36  thousand ten, up to seven hundred fifty thousand dollars for the  period
    37  January first, two thousand eleven through March thirty-first, two thou-
    38  sand  eleven, up to two million nine hundred thousand dollars each state
    39  fiscal year for the period April  first,  two  thousand  eleven  through
    40  March  thirty-first,  two  thousand fourteen, and up to two million nine
    41  hundred thousand dollars each state fiscal year  for  the  period  April
    42  first,  two  thousand  fourteen through March thirty-first, two thousand
    43  [twenty-three] twenty-six to be allocated (A) for  the  purposes  estab-
    44  lished  pursuant  to  subparagraph  (ii) of paragraph (f) of subdivision
    45  nineteen of section twenty-eight hundred seven-c of this article  as  in
    46  effect  on December thirty-first, nineteen hundred ninety-six and as may
    47  thereafter be amended, up to fifteen million dollars  annually  for  the
    48  periods  January  first, two thousand through December thirty-first, two
    49  thousand four, up to twenty-one million dollars annually for the  period
    50  January  first,  two  thousand  five  through December thirty-first, two
    51  thousand six, and up to seven million five hundred thousand dollars  for
    52  the period January first, two thousand seven through March thirty-first,
    53  two thousand seven;
    54    (B)  pursuant  to  a  memorandum  of understanding entered into by the
    55  commissioner, the majority leader of the senate and the speaker  of  the
    56  assembly,  for  the purposes outlined in such memorandum upon the recom-

        S. 4007--C                         30                         A. 3007--C
 
     1  mendation of the majority leader  of the senate,  up  to  eight  million
     2  five hundred thousand dollars annually for the period January first, two
     3  thousand through December thirty-first, two thousand six, and up to four
     4  million two hundred fifty thousand dollars for the period January first,
     5  two  thousand  seven through June thirtieth, two thousand seven, and for
     6  the purposes outlined in such memorandum upon the recommendation of  the
     7  speaker  of  the  assembly,  up  to  eight million five hundred thousand
     8  dollars annually for the periods January  first,  two  thousand  through
     9  December  thirty-first,  two  thousand  six,  and up to four million two
    10  hundred fifty thousand dollars for the period January first,  two  thou-
    11  sand seven through June thirtieth, two thousand seven; and
    12    (C)  for services and expenses, including grants, related to emergency
    13  assistance distributions as designated by the  commissioner.    Notwith-
    14  standing  section  one  hundred twelve or one hundred sixty-three of the
    15  state finance law or any other contrary provision of law, such  distrib-
    16  utions shall be limited to providers or programs where, as determined by
    17  the  commissioner,  emergency assistance is vital to protect the life or
    18  safety of patients, to ensure the retention of  facility  caregivers  or
    19  other  staff, or in instances where health facility operations are jeop-
    20  ardized, or where the public health is jeopardized  or  other  emergency
    21  situations  exist,  up  to three million dollars annually for the period
    22  April first, two thousand seven through March thirty-first, two thousand
    23  eleven, up to two million  nine  hundred  thousand  dollars  each  state
    24  fiscal  year  for  the  period  April first, two thousand eleven through
    25  March thirty-first, two  thousand  fourteen,  up  to  two  million  nine
    26  hundred  thousand  dollars  each  state fiscal year for the period April
    27  first, two thousand fourteen through March  thirty-first,  two  thousand
    28  seventeen,  up  to  two million nine hundred thousand dollars each state
    29  fiscal year for the period April first, two thousand  seventeen  through
    30  March  thirty-first,  two  thousand twenty, [and] up to two million nine
    31  hundred thousand dollars each state fiscal year  for  the  period  April
    32  first,  two  thousand  twenty  through  March thirty-first, two thousand
    33  twenty-three, and up to two million nine hundred thousand  dollars  each
    34  state  fiscal year for the period April first, two thousand twenty-three
    35  through March thirty-first, two thousand twenty-six. Upon  any  distrib-
    36  ution of such funds, the commissioner shall immediately notify the chair
    37  and  ranking minority member of the senate finance committee, the assem-
    38  bly ways and means committee, the senate committee on  health,  and  the
    39  assembly committee on health;
    40    (iv)  distributions  by  the  commissioner  related  to poison control
    41  centers pursuant to subdivision seven of section  twenty-five  hundred-d
    42  of  this  chapter,  up  to  five  million dollars for the period January
    43  first, nineteen  hundred  ninety-seven  through  December  thirty-first,
    44  nineteen hundred ninety-seven, up to three million dollars on an annual-
    45  ized  basis  for  the  periods during the period January first, nineteen
    46  hundred ninety-eight through  December  thirty-first,  nineteen  hundred
    47  ninety-nine, up to five million dollars annually for the periods January
    48  first,  two thousand through December thirty-first, two thousand two, up
    49  to four million six hundred thousand dollars annually  for  the  periods
    50  January  first,  two  thousand  three through December thirty-first, two
    51  thousand four, up to five million one hundred thousand dollars  for  the
    52  period  January  first, two thousand five through December thirty-first,
    53  two thousand six annually, up  to  five  million  one  hundred  thousand
    54  dollars  annually  for  the  period  January  first,  two thousand seven
    55  through December thirty-first, two thousand nine, up  to  three  million
    56  six  hundred thousand dollars for the period January first, two thousand

        S. 4007--C                         31                         A. 3007--C
 
     1  ten through December thirty-first, two thousand ten, up to seven hundred
     2  seventy-five thousand dollars for the period January first, two thousand
     3  eleven through March  thirty-first,  two  thousand  eleven,  up  to  two
     4  million  five  hundred  thousand  dollars each state fiscal year for the
     5  period April first, two thousand eleven through March thirty-first,  two
     6  thousand  fourteen,  up  to three million dollars each state fiscal year
     7  for the period April first, two thousand fourteen through March  thirty-
     8  first,  two  thousand  seventeen, up to three million dollars each state
     9  fiscal year for the period April first, two thousand  seventeen  through
    10  March  thirty-first,  two  thousand  twenty,  [and]  up to three million
    11  dollars each state fiscal year for the period April first, two  thousand
    12  twenty  through March thirty-first, two thousand twenty-three, and up to
    13  three million dollars each state fiscal year for the period April first,
    14  two thousand twenty-three through March thirty-first, two thousand twen-
    15  ty-six; and
    16    (v) deposit by the commissioner, within amounts appropriated, and  the
    17  state  comptroller  is  hereby  authorized  and  directed to receive for
    18  deposit to, to the credit of the department of health's special  revenue
    19  fund  -  other,  miscellaneous  special  revenue fund - 339 maternal and
    20  child HIV  services  account  or  the  health  care  reform  act  (HCRA)
    21  resources  fund,  whichever  is  applicable,  for  purposes of a special
    22  program for HIV services for women and children,  including  adolescents
    23  pursuant  to  section  twenty-five  hundred-f-one of this chapter, up to
    24  five million dollars annually for the periods January first,  two  thou-
    25  sand through December thirty-first, two thousand two, up to five million
    26  dollars  for the period January first, two thousand three through Decem-
    27  ber thirty-first, two thousand three, up to  two  million  five  hundred
    28  thousand dollars for the period January first, two thousand four through
    29  December thirty-first, two thousand four, up to two million five hundred
    30  thousand dollars for the period January first, two thousand five through
    31  December thirty-first, two thousand five, up to five million dollars for
    32  the  period  January  first,  two  thousand six through December thirty-
    33  first, two thousand six, up to five million  dollars  annually  for  the
    34  period  January first, two thousand seven through December thirty-first,
    35  two thousand ten, up to one million two hundred fifty  thousand  dollars
    36  for  the period January first, two thousand eleven through March thirty-
    37  first, two thousand eleven, and up to five million  dollars  each  state
    38  fiscal  year  for  the  period  April first, two thousand eleven through
    39  March thirty-first, two thousand fourteen;
    40    (d) (i) An amount of up to twenty million  dollars  annually  for  the
    41  period  January  first,  two thousand through December thirty-first, two
    42  thousand six, up to ten million dollars for the  period  January  first,
    43  two  thousand  seven  through  June thirtieth, two thousand seven, up to
    44  twenty million dollars annually for the period January first, two  thou-
    45  sand  eight  through December thirty-first, two thousand ten, up to five
    46  million dollars for  the  period  January  first,  two  thousand  eleven
    47  through  March thirty-first, two thousand eleven, up to nineteen million
    48  six hundred thousand dollars each state fiscal year for the period April
    49  first, two thousand eleven  through  March  thirty-first,  two  thousand
    50  fourteen, up to nineteen million six hundred thousand dollars each state
    51  fiscal  year  for  the period April first, two thousand fourteen through
    52  March thirty-first, two thousand seventeen, up to nineteen  million  six
    53  hundred  thousand dollars each state fiscal year for the period of April
    54  first, two thousand seventeen through March thirty-first,  two  thousand
    55  twenty,  [and]  up to nineteen million six hundred thousand dollars each
    56  state fiscal year for the period of April  first,  two  thousand  twenty

        S. 4007--C                         32                         A. 3007--C
 
     1  through  March  thirty-first, two thousand twenty-three, and up to nine-
     2  teen million six hundred thousand dollars each state fiscal year for the
     3  period of April first, two thousand twenty-three through  March  thirty-
     4  first,  two  thousand  twenty-six,  shall  be  transferred to the health
     5  facility restructuring pool established pursuant to section twenty-eight
     6  hundred fifteen of this article;
     7    (ii) provided, however, amounts transferred pursuant  to  subparagraph
     8  (i)  of this paragraph may be reduced in an amount to be approved by the
     9  director of the budget to reflect the amount received from  the  federal
    10  government  under  the  state's  1115 waiver which is directed under its
    11  terms and conditions to the health facility restructuring program.
    12    (f) Funds shall be accumulated and transferred from as follows:
    13    (i) from the pool for the period January first, nineteen hundred nine-
    14  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    15  (A)  thirty-four  million   six hundred thousand dollars shall be trans-
    16  ferred to funds reserved and accumulated pursuant to  paragraph  (b)  of
    17  subdivision  nineteen  of  section  twenty-eight hundred seven-c of this
    18  article, and (B) eighty-two million dollars  shall  be  transferred  and
    19  deposited  and  credited to the credit of the state general fund medical
    20  assistance local assistance account;
    21    (ii) from the pool for the  period  January  first,  nineteen  hundred
    22  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    23  eight, eighty-two million dollars shall be transferred and deposited and
    24  credited to the credit of the  state  general  fund  medical  assistance
    25  local assistance account;
    26    (iii)  from  the  pool  for the period January first, nineteen hundred
    27  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    28  eighty-two million dollars shall be transferred and deposited and  cred-
    29  ited  to  the  credit of the state general fund medical assistance local
    30  assistance account;
    31    (iv) from the pool or the health  care  reform  act  (HCRA)  resources
    32  fund,  whichever  is applicable, for the period January first, two thou-
    33  sand  through  December  thirty-first,  two  thousand  four,  eighty-two
    34  million dollars annually, and for the period January first, two thousand
    35  five  through  December  thirty-first,  two  thousand  five,  eighty-two
    36  million dollars, and for the period  January  first,  two  thousand  six
    37  through  December  thirty-first,  two  thousand  six, eighty-two million
    38  dollars, and for the period January first, two  thousand  seven  through
    39  December  thirty-first,  two thousand seven, eighty-two million dollars,
    40  and for the period January first, two thousand  eight  through  December
    41  thirty-first,  two thousand eight, ninety million seven hundred thousand
    42  dollars shall be deposited by the  commissioner,  and  the  state  comp-
    43  troller  is hereby authorized and directed to receive for deposit to the
    44  credit of the state special revenue fund - other,  HCRA  transfer  fund,
    45  medical assistance account;
    46    (v)  from  the  health  care  reform act (HCRA) resources fund for the
    47  period January first, two thousand nine through  December  thirty-first,
    48  two  thousand  nine, one hundred eight million nine hundred seventy-five
    49  thousand dollars, and for the period January  first,  two  thousand  ten
    50  through  December thirty-first, two thousand ten, one hundred twenty-six
    51  million one hundred thousand dollars, for the period January first,  two
    52  thousand  eleven through March thirty-first, two thousand eleven, twenty
    53  million five hundred thousand dollars, and for each  state  fiscal  year
    54  for  the  period  April first, two thousand eleven through March thirty-
    55  first, two thousand fourteen, one hundred forty-six million four hundred
    56  thousand dollars, shall be deposited by the commissioner, and the  state

        S. 4007--C                         33                         A. 3007--C
 
     1  comptroller is hereby authorized and directed to receive for deposit, to
     2  the  credit  of  the  state  special revenue fund - other, HCRA transfer
     3  fund, medical assistance account.
     4    (g)  Funds  shall be transferred to primary health care services pools
     5  created by the commissioner, and shall be  available,  including  income
     6  from invested funds, for distributions in accordance with former section
     7  twenty-eight hundred seven-bb of this article from the respective health
     8  care  initiatives  pools  for  the  following  periods  in the following
     9  percentage amounts of funds remaining after  allocations  in  accordance
    10  with paragraphs (a) through (f) of this subdivision:
    11    (i) from the pool for the period January first, nineteen hundred nine-
    12  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    13  fifteen and eighty-seven-hundredths percent;
    14    (ii) from the pool for the  period  January  first,  nineteen  hundred
    15  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    16  eight, fifteen and eighty-seven-hundredths percent; and
    17    (iii) from the pool for the period  January  first,  nineteen  hundred
    18  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    19  sixteen and thirteen-hundredths percent.
    20    (h)  Funds  shall be reserved and accumulated from year to year by the
    21  commissioner and shall be  available,  including  income  from  invested
    22  funds,  for  purposes of primary care education and training pursuant to
    23  article nine of this chapter from the respective health care initiatives
    24  pools established for the following periods in the following  percentage
    25  amounts  of  funds  remaining after allocations in accordance with para-
    26  graphs (a) through (f) of this subdivision and shall  be  available  for
    27  distributions as follows:
    28    (i) funds shall be reserved and accumulated:
    29    (A) from the pool for the period January first, nineteen hundred nine-
    30  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    31  six and thirty-five-hundredths percent;
    32    (B) from the pool for the period January first, nineteen hundred nine-
    33  ty-eight through December thirty-first, nineteen  hundred  ninety-eight,
    34  six and thirty-five-hundredths percent; and
    35    (C) from the pool for the period January first, nineteen hundred nine-
    36  ty-nine through December thirty-first, nineteen hundred ninety-nine, six
    37  and forty-five-hundredths percent;
    38    (ii)  funds shall be available for distributions including income from
    39  invested funds as follows:
    40    (A) for purposes of the primary care physician loan repayment  program
    41  in  accordance  with  section  nine hundred three of this chapter, up to
    42  five million dollars on an annualized basis;
    43    (B) for purposes of the primary care practitioner scholarship  program
    44  in  accordance with section nine hundred four of this chapter, up to two
    45  million dollars on an annualized basis;
    46    (C) for purposes of minority participation in medical education grants
    47  in accordance with section nine hundred six of this chapter, up  to  one
    48  million dollars on an annualized basis; and
    49    (D)  provided, however, that the commissioner may reallocate any funds
    50  remaining or unallocated for distributions for the primary care  practi-
    51  tioner  scholarship program in accordance with section nine hundred four
    52  of this chapter.
    53    (i) Funds shall be reserved and accumulated  from  year  to  year  and
    54  shall  be  available, including income from invested funds, for distrib-
    55  utions in accordance with  section  twenty-nine  hundred  fifty-two  and
    56  section twenty-nine hundred fifty-eight of this chapter for rural health

        S. 4007--C                         34                         A. 3007--C
 
     1  care  delivery  development  and  rural  health care access development,
     2  respectively, from the respective health care initiatives pools  or  the
     3  health  care  reform act (HCRA) resources fund, whichever is applicable,
     4  for  the  following periods in the following percentage amounts of funds
     5  remaining after allocations in accordance with  paragraphs  (a)  through
     6  (f) of this subdivision, and for periods on and after January first, two
     7  thousand, in the following amounts:
     8    (i) from the pool for the period January first, nineteen hundred nine-
     9  ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
    10  thirteen and forty-nine-hundredths percent;
    11    (ii) from the pool for the  period  January  first,  nineteen  hundred
    12  ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
    13  eight, thirteen and forty-nine-hundredths percent;
    14    (iii) from the pool for the period  January  first,  nineteen  hundred
    15  ninety-nine through December thirty-first, nineteen hundred ninety-nine,
    16  thirteen and seventy-one-hundredths percent;
    17    (iv) from the pool for the periods January first, two thousand through
    18  December thirty-first, two thousand two, seventeen million dollars annu-
    19  ally,  and  for  the  period  January  first, two thousand three through
    20  December thirty-first, two thousand three, up to fifteen  million  eight
    21  hundred fifty thousand dollars;
    22    (v) from the pool or the health care reform act (HCRA) resources fund,
    23  whichever is applicable, for the period January first, two thousand four
    24  through  December thirty-first, two thousand four, up to fifteen million
    25  eight hundred fifty thousand dollars, for the period January first,  two
    26  thousand  five  through  December thirty-first, two thousand five, up to
    27  nineteen million two hundred thousand dollars, for  the  period  January
    28  first, two thousand six through December thirty-first, two thousand six,
    29  up  to  nineteen  million  two  hundred thousand dollars, for the period
    30  January first, two thousand seven  through  December  thirty-first,  two
    31  thousand  ten, up to eighteen million one hundred fifty thousand dollars
    32  annually, for the period January  first,  two  thousand  eleven  through
    33  March thirty-first, two thousand eleven, up to four million five hundred
    34  thirty-eight thousand dollars, for each state fiscal year for the period
    35  April  first,  two thousand eleven through March thirty-first, two thou-
    36  sand fourteen, up to sixteen million two hundred thousand dollars, up to
    37  sixteen million two hundred thousand dollars each state fiscal year  for
    38  the  period  April  first,  two  thousand fourteen through March thirty-
    39  first, two thousand seventeen, up to sixteen million two  hundred  thou-
    40  sand  dollars  each  state  fiscal  year for the period April first, two
    41  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
    42  [and]  up  to  sixteen  million  two hundred thousand dollars each state
    43  fiscal year for the period April  first,  two  thousand  twenty  through
    44  March thirty-first, two thousand twenty-three, and up to sixteen million
    45  two hundred thousand dollars each state fiscal year for the period April
    46  first,  two  thousand twenty-three through March thirty-first, two thou-
    47  sand twenty-six.
    48    (j) Funds shall be reserved and accumulated  from  year  to  year  and
    49  shall  be  available, including income from invested funds, for purposes
    50  of distributions related to health information and health  care  quality
    51  improvement  pursuant  to former section twenty-eight hundred seven-n of
    52  this article from the respective health care  initiatives  pools  estab-
    53  lished  for the following periods in the following percentage amounts of
    54  funds remaining after allocations  in  accordance  with  paragraphs  (a)
    55  through (f) of this subdivision:

        S. 4007--C                         35                         A. 3007--C

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

        S. 4007--C                         36                         A. 3007--C
 
     1  two thousand fourteen through March thirty-first, two thousand fourteen,
     2  an  additional  one million eight hundred seventy-five thousand dollars,
     3  for the period April first, two thousand fourteen through March  thirty-
     4  first,  two thousand seventeen, an additional seven million five hundred
     5  thousand dollars annually, for the  period  April  first,  two  thousand
     6  seventeen through March thirty-first, two thousand twenty, an additional
     7  seven  million  five  hundred  thousand  dollars annually, [and] for the
     8  period April first, two thousand twenty through March thirty-first,  two
     9  thousand twenty-three, an additional seven million five hundred thousand
    10  dollars  annually,  and for the period April first, two thousand twenty-
    11  three through March thirty-first, two thousand twenty-six, an additional
    12  seven million five hundred thousand dollars annually for voluntary  non-
    13  profit  diagnostic and treatment center uncompensated care in accordance
    14  with subdivision four-c of section twenty-eight hundred seven-p of  this
    15  article; and
    16    (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
    17  periods on and after July first, two thousand three, shall be  deposited
    18  by  the  commissioner,  within amounts appropriated, and the state comp-
    19  troller is hereby authorized and directed to receive for deposit to  the
    20  credit  of  the state special revenue funds - other, HCRA transfer fund,
    21  medical assistance account, for purposes of funding the state  share  of
    22  rate  adjustments  made pursuant to section twenty-eight hundred seven-p
    23  of this article, provided, however, that in the event federal  financial
    24  participation  is  not  available  for rate adjustments made pursuant to
    25  paragraph (b) of subdivision one of section twenty-eight hundred seven-p
    26  of this article, funds shall be distributed pursuant to paragraph (a) of
    27  subdivision one of section twenty-eight hundred seven-p of this  article
    28  from  the  respective  health  care initiatives pools or the health care
    29  reform act (HCRA) resources fund, whichever is applicable.
    30    (l) Funds shall be reserved and accumulated from year to year  by  the
    31  commissioner  and  shall  be  available,  including income from invested
    32  funds, for transfer to and allocation  for services and expenses for the
    33  payment of benefits to recipients of  drugs under the AIDS drug  assist-
    34  ance  program  (ADAP)  -  HIV  uninsured care program as administered by
    35  Health Research Incorporated from the  respective   health  care  initi-
    36  atives pools or the health care reform act (HCRA) resources fund, which-
    37  ever is applicable, established for the following periods in the follow-
    38  ing   percentage   amounts  of  funds  remaining  after  allocations  in
    39  accordance with paragraphs (a) through (f) of this subdivision, and  for
    40  periods  on  and  after  January  first,  two thousand, in the following
    41  amounts:
    42    (i) from the pool for the period January first, nineteen hundred nine-
    43  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    44  nine and fifty-two-hundredths percent;
    45    (ii)  from  the  pool  for  the period January first, nineteen hundred
    46  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    47  eight, nine and fifty-two-hundredths percent;
    48    (iii)  from  the  pool  for the period January first, nineteen hundred
    49  ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
    50  nine and sixty-eight-hundredths percent;
    51    (iv) from the pool for the periods January first, two thousand through
    52  December  thirty-first,  two  thousand two, up to twelve million dollars
    53  annually, and for the period January first, two thousand  three  through
    54  December  thirty-first, two thousand three, up to forty million dollars;
    55  and

        S. 4007--C                         37                         A. 3007--C
 
     1    (v) from the pool or the health care reform act (HCRA) resources fund,
     2  whichever is applicable, for the periods  January  first,  two  thousand
     3  four  through  December thirty-first, two thousand four, up to fifty-six
     4  million dollars, for the period January first, two thousand five through
     5  December  thirty-first,  two  thousand  six, up to sixty million dollars
     6  annually, for the period  January  first,  two  thousand  seven  through
     7  December  thirty-first,  two  thousand  ten, up to sixty million dollars
     8  annually, for the period January  first,  two  thousand  eleven  through
     9  March  thirty-first, two thousand eleven, up to fifteen million dollars,
    10  each state fiscal year for the period April first, two  thousand  eleven
    11  through  March  thirty-first,  two  thousand  fourteen,  up to forty-two
    12  million three hundred thousand dollars and up to forty-one million fifty
    13  thousand dollars each state fiscal year for the period April first,  two
    14  thousand  fourteen  through  March  thirty-first,  two thousand [twenty-
    15  three] twenty-six.
    16    (m) Funds shall be reserved and accumulated  from  year  to  year  and
    17  shall  be  available, including income from invested funds, for purposes
    18  of distributions pursuant to section  twenty-eight  hundred  seven-r  of
    19  this article for cancer related services from the respective health care
    20  initiatives  pools  or the health care reform act (HCRA) resources fund,
    21  whichever is applicable, established for the following  periods  in  the
    22  following  percentage  amounts  of  funds remaining after allocations in
    23  accordance with paragraphs (a) through (f) of this subdivision, and  for
    24  periods  on  and  after  January  first,  two thousand, in the following
    25  amounts:
    26    (i) from the pool for the period January first, nineteen hundred nine-
    27  ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
    28  seven and ninety-four-hundredths percent;
    29    (ii)  from  the  pool  for  the period January first, nineteen hundred
    30  ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
    31  eight, seven and ninety-four-hundredths percent;
    32    (iii)  from  the  pool  for the period January first, nineteen hundred
    33  ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
    34  and forty-five-hundredths percent;
    35    (iv) from the pool for the period January first, two thousand  through
    36  December thirty-first, two thousand two, up to ten million dollars on an
    37  annual basis;
    38    (v)  from  the  pool  for the period January first, two thousand three
    39  through December thirty-first, two thousand four, up  to  eight  million
    40  nine hundred fifty thousand dollars on an annual basis;
    41    (vi)  from  the  pool  or  the health care reform act (HCRA) resources
    42  fund, whichever is applicable, for the period January first,  two  thou-
    43  sand  five  through  December  thirty-first, two thousand six, up to ten
    44  million fifty thousand dollars on an annual basis, for the period  Janu-
    45  ary  first,  two thousand seven through December thirty-first, two thou-
    46  sand ten, up to nineteen million dollars annually, and  for  the  period
    47  January first, two thousand eleven through March thirty-first, two thou-
    48  sand eleven, up to four million seven hundred fifty thousand dollars.
    49    (n)  Funds  shall  be accumulated and transferred from the health care
    50  reform act (HCRA) resources fund as follows: for the period April first,
    51  two thousand seven through March thirty-first, two thousand  eight,  and
    52  on  an  annual  basis  for  the  periods April first, two thousand eight
    53  through November thirtieth, two  thousand  nine,  funds  within  amounts
    54  appropriated  shall  be  transferred  and  deposited and credited to the
    55  credit of the state special revenue funds - other, HCRA  transfer  fund,
    56  medical  assistance  account, for purposes of funding the state share of

        S. 4007--C                         38                         A. 3007--C
 
     1  rate adjustments made to public and voluntary  hospitals  in  accordance
     2  with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
     3  hundred seven-c of this article.
     4    2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
     5  lation, any funds accumulated  in  the  health  care  initiatives  pools
     6  pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
     7  hundred seven-j of this article, as a result of surcharges,  assessments
     8  or  other obligations during the periods January first, nineteen hundred
     9  ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
    10  nine, which are unused or uncommitted for distributions pursuant to this
    11  section  shall  be  reserved  and  accumulated  from year to year by the
    12  commissioner and, within amounts appropriated, transferred and deposited
    13  into the special revenue funds - other,  miscellaneous  special  revenue
    14  fund  -  339,  child  health  insurance account or any successor fund or
    15  account, for purposes of distributions to  implement  the  child  health
    16  insurance  program  established pursuant to sections twenty-five hundred
    17  ten and twenty-five hundred eleven of this chapter for  periods  on  and
    18  after January first, two thousand one; provided, however, funds reserved
    19  and  accumulated  for  priority  distributions  pursuant to subparagraph
    20  (iii) of paragraph (c) of subdivision one of this section shall  not  be
    21  transferred  and  deposited  into such account pursuant to this subdivi-
    22  sion; and provided further, however, that any unused or uncommitted pool
    23  funds accumulated and allocated pursuant to paragraph (j) of subdivision
    24  one of this section shall be distributed  for  purposes  of  the  health
    25  information and quality improvement act of 2000.
    26    3.  Revenue  from  distributions pursuant to this section shall not be
    27  included in gross revenue  received  for  purposes  of  the  assessments
    28  pursuant to subdivision eighteen of section twenty-eight hundred seven-c
    29  of  this article, subject to the provisions of paragraph (e) of subdivi-
    30  sion eighteen of section twenty-eight hundred seven-c of  this  article,
    31  and  shall not be included in gross revenue received for purposes of the
    32  assessments pursuant to section twenty-eight  hundred  seven-d  of  this
    33  article,  subject  to  the  provisions  of subdivision twelve of section
    34  twenty-eight hundred seven-d of this article.
    35    § 6. Subdivision 5-a of section 2807-m of the public  health  law,  as
    36  amended  by  section  6  of part Y of chapter 56 of the laws of 2020, is
    37  amended to read as follows:
    38    5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
    39  distributions.  (i)  Thirty-one  million  dollars for the period January
    40  first, two thousand eight through December  thirty-first,  two  thousand
    41  eight,  shall  be  set  aside  and reserved by the commissioner from the
    42  regional pools established pursuant to subdivision two of  this  section
    43  and shall be available for distributions pursuant to subdivision five of
    44  this  section  and in accordance with section 86-1.89 of title 10 of the
    45  codes, rules and regulations of the state of New York as  in  effect  on
    46  January  first,  two  thousand eight; provided, however, for purposes of
    47  funding the empire clinical research investigation  program  (ECRIP)  in
    48  accordance  with paragraph eight of subdivision (e) and paragraph two of
    49  subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
    50  regulations  of the state of New York, distributions shall be made using
    51  two regions defined as New York city and the rest of the state  and  the
    52  dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
    53  sion  (f)  of  section 86-1.89 of title 10 of the codes, rules and regu-
    54  lations of the state of New York shall be increased from sixty  thousand
    55  dollars to seventy-five thousand dollars.

        S. 4007--C                         39                         A. 3007--C
 
     1    (ii)  For  periods  on  and  after  January  first, two thousand nine,
     2  supplemental distributions pursuant to subdivision five of this  section
     3  and  in  accordance with section 86-1.89 of title 10 of the codes, rules
     4  and regulations of the state of New York shall no longer be made and the
     5  provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
     6  lations of the state of New York shall be null and void.
     7    (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
     8  million  one  hundred  twenty  thousand  dollars annually for the period
     9  January first, two thousand  nine  through  December  thirty-first,  two
    10  thousand  ten,  and  two million two hundred eighty thousand dollars for
    11  the period January first, two thousand  eleven,  through  March  thirty-
    12  first,  two  thousand  eleven,  nine million one hundred twenty thousand
    13  dollars each state fiscal year for the period April first, two  thousand
    14  eleven  through  March  thirty-first, two thousand fourteen, up to eight
    15  million six hundred twelve thousand dollars each state fiscal  year  for
    16  the  period  April  first,  two  thousand fourteen through March thirty-
    17  first, two thousand seventeen, up to eight million  six  hundred  twelve
    18  thousand  dollars each state fiscal year for the period April first, two
    19  thousand seventeen through  March  thirty-first,  two  thousand  twenty,
    20  [and] up to eight million six hundred twelve thousand dollars each state
    21  fiscal  year  for  the  period  April first, two thousand twenty through
    22  March thirty-first, two thousand twenty-three, and up to  eight  million
    23  six hundred twelve thousand dollars each state fiscal year for the peri-
    24  od  April  first,  two thousand twenty-three through March thirty-first,
    25  two thousand twenty-six, shall be set aside and reserved by the  commis-
    26  sioner  from  the regional pools established pursuant to subdivision two
    27  of this section to be allocated regionally with two-thirds of the avail-
    28  able funding going to New York city and one-third of the available fund-
    29  ing going to the rest of the state and shall be available  for  distrib-
    30  ution as follows:
    31    Distributions  shall  first  be made to consortia and teaching general
    32  hospitals for the empire clinical research investigator program  (ECRIP)
    33  to  help  secure federal funding for biomedical research, train clinical
    34  researchers, recruit national leaders as faculty to act as mentors,  and
    35  train  residents  and  fellows  in  biomedical  research skills based on
    36  hospital-specific data submitted to the commissioner  by  consortia  and
    37  teaching general hospitals in accordance with clause (G) of this subpar-
    38  agraph.  Such distributions shall be made in accordance with the follow-
    39  ing methodology:
    40    (A) The greatest number of clinical research  positions  for  which  a
    41  consortium  or  teaching general hospital may be funded pursuant to this
    42  subparagraph shall be one percent  of  the  total  number  of  residents
    43  training  at  the consortium or teaching general hospital on July first,
    44  two thousand eight for the  period  January  first,  two  thousand  nine
    45  through December thirty-first, two thousand nine rounded up to the near-
    46  est one position.
    47    (B)  Distributions  made  to a consortium or teaching general hospital
    48  shall equal the product of the total number of clinical  research  posi-
    49  tions  submitted  by  a  consortium  or  teaching  general  hospital and
    50  accepted by the commissioner as meeting the criteria set forth in  para-
    51  graph  (b)  of subdivision one of this section, subject to the reduction
    52  calculation set forth in clause (C)  of  this  subparagraph,  times  one
    53  hundred ten thousand dollars.
    54    (C)  If  the  dollar  amount for the total number of clinical research
    55  positions in the region  calculated  pursuant  to  clause  (B)  of  this
    56  subparagraph  exceeds the total amount appropriated for purposes of this

        S. 4007--C                         40                         A. 3007--C
 
     1  paragraph, including clinical research positions that continue from  and
     2  were funded in prior distribution periods, the commissioner shall elimi-
     3  nate  one-half  of  the  clinical  research  positions submitted by each
     4  consortium  or teaching general hospital rounded down to the nearest one
     5  position. Such reduction shall be repeated until the dollar  amount  for
     6  the  total  number of clinical research positions in the region does not
     7  exceed the total amount appropriated for purposes of this paragraph.  If
     8  the  repeated  reduction  of the total number of clinical research posi-
     9  tions in the region by one-half does not render a total  funding  amount
    10  that  is equal to or less than the total amount reserved for that region
    11  within the appropriation, the funding for each clinical  research  posi-
    12  tion  in  that  region  shall  be reduced proportionally in one thousand
    13  dollar increments until the total dollar amount for the total number  of
    14  clinical  research  positions  in  that region does not exceed the total
    15  amount reserved for that region within the appropriation. Any  reduction
    16  in  funding will be effective for the duration of the award. No clinical
    17  research positions that continue from and were funded in prior  distrib-
    18  ution periods shall be eliminated or reduced by such methodology.
    19    (D)  Each  consortium  or  teaching general hospital shall receive its
    20  annual distribution amount in accordance with the following:
    21    (I) Each consortium or teaching general hospital with a one-year ECRIP
    22  award  shall  receive  its  annual  distribution  amount  in  full  upon
    23  completion of the requirements set forth in items (I) and (II) of clause
    24  (G)  of  this subparagraph. The requirements set forth in items (IV) and
    25  (V) of clause (G) of this subparagraph must be completed by the  consor-
    26  tium  or teaching general hospital in order for the consortium or teach-
    27  ing general hospital to be eligible to apply for ECRIP  funding  in  any
    28  subsequent funding cycle.
    29    (II)  Each  consortium  or  teaching  general hospital with a two-year
    30  ECRIP award shall receive its first annual distribution amount  in  full
    31  upon  completion  of the requirements set forth in items (I) and (II) of
    32  clause (G) of this subparagraph. Each  consortium  or  teaching  general
    33  hospital will receive its second annual distribution amount in full upon
    34  completion  of the requirements set forth in item (III) of clause (G) of
    35  this subparagraph. The requirements set forth in items (IV) and  (V)  of
    36  clause  (G)  of this subparagraph must be completed by the consortium or
    37  teaching general hospital in order for the consortium or teaching gener-
    38  al hospital to be eligible to apply for ECRIP funding in any  subsequent
    39  funding cycle.
    40    (E)  Each  consortium  or teaching general hospital receiving distrib-
    41  utions pursuant to this subparagraph shall reserve seventy-five thousand
    42  dollars to primarily fund salary and fringe  benefits  of  the  clinical
    43  research  position  with  the remainder going to fund the development of
    44  faculty who are involved in biomedical research, training  and  clinical
    45  care.
    46    (F)  Undistributed  or  returned  funds  available  to  fund  clinical
    47  research positions pursuant to this paragraph for a distribution  period
    48  shall  be  available to fund clinical research positions in a subsequent
    49  distribution period.
    50    (G) In order to be eligible for distributions pursuant to this subpar-
    51  agraph, each consortium and teaching general hospital shall  provide  to
    52  the  commissioner by July first of each distribution period, the follow-
    53  ing data and information on a hospital-specific  basis.  Such  data  and
    54  information  shall  be  certified as to accuracy and completeness by the
    55  chief executive officer, chief financial officer or chair of the consor-
    56  tium governing body of each consortium or teaching general hospital  and

        S. 4007--C                         41                         A. 3007--C
 
     1  shall be maintained by each consortium and teaching general hospital for
     2  five years from the date of submission:
     3    (I)  For  each  clinical  research  position, information on the type,
     4  scope, training objectives,  institutional  support,  clinical  research
     5  experience of the sponsor-mentor, plans for submitting research outcomes
     6  to  peer reviewed journals and at scientific meetings, including a meet-
     7  ing sponsored by the department, the name of a principal contact  person
     8  responsible for tracking the career development of researchers placed in
     9  clinical  research positions, as defined in paragraph (c) of subdivision
    10  one of this section, and who is authorized to certify to the commission-
    11  er that all the requirements of the clinical  research  training  objec-
    12  tives  set  forth  in this subparagraph shall be met. Such certification
    13  shall be provided by July first of each distribution period;
    14    (II) For each clinical research position,  information  on  the  name,
    15  citizenship  status, medical education and training, and medical license
    16  number of the researcher, if applicable, shall be provided  by  December
    17  thirty-first of the calendar year following the distribution period;
    18    (III)  Information on the status of the clinical research plan, accom-
    19  plishments, changes in research activities, progress, and performance of
    20  the researcher shall be provided upon  completion  of  one-half  of  the
    21  award term;
    22    (IV)  A  final report detailing training experiences, accomplishments,
    23  activities and performance of the clinical researcher, and  data,  meth-
    24  ods,  results  and  analyses  of  the  clinical  research  plan shall be
    25  provided three months after the clinical research position ends; and
    26    (V) Tracking information concerning past  researchers,  including  but
    27  not  limited  to (A) background information, (B) employment history, (C)
    28  research status, (D) current research activities, (E)  publications  and
    29  presentations,  (F)  research  support,  and  (G)  any other information
    30  necessary to track the researcher; and
    31    (VI) Any other data or information required  by  the  commissioner  to
    32  implement this subparagraph.
    33    (H)  Notwithstanding  any  inconsistent provision of this subdivision,
    34  for periods on and after April first, two thousand thirteen, ECRIP grant
    35  awards shall be made in accordance with rules and regulations promulgat-
    36  ed by the commissioner. Such regulations shall, at a minimum:
    37    (1) provide that ECRIP grant awards shall be made with  the  objective
    38  of  securing  federal funding for biomedical research, training clinical
    39  researchers, recruiting national leaders as faculty to act  as  mentors,
    40  and training residents and fellows in biomedical research skills;
    41    (2)  provide that ECRIP grant applicants may include interdisciplinary
    42  research teams comprised of teaching general hospitals acting in collab-
    43  oration with entities including but  not  limited  to  medical  centers,
    44  hospitals, universities and local health departments;
    45    (3) provide that applications for ECRIP grant awards shall be based on
    46  such  information requested by the commissioner, which shall include but
    47  not be limited to hospital-specific data;
    48    (4) establish the qualifications for  investigators  and  other  staff
    49  required for grant projects eligible for ECRIP grant awards; and
    50    (5)  establish a methodology for the distribution of funds under ECRIP
    51  grant awards.
    52    (c) Physician loan repayment program. One million nine  hundred  sixty
    53  thousand  dollars  for  the  period  January  first,  two thousand eight
    54  through December thirty-first, two  thousand  eight,  one  million  nine
    55  hundred  sixty  thousand dollars for the period January first, two thou-
    56  sand nine through December thirty-first, two thousand nine, one  million

        S. 4007--C                         42                         A. 3007--C

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

        S. 4007--C                         43                         A. 3007--C
 
     1    (d) Physician practice support. Four  million  nine  hundred  thousand
     2  dollars  for the period January first, two thousand eight through Decem-
     3  ber thirty-first, two thousand eight, four million nine hundred thousand
     4  dollars annually for the period January first, two thousand nine through
     5  December  thirty-first,  two thousand ten, one million two hundred twen-
     6  ty-five thousand dollars for the  period  January  first,  two  thousand
     7  eleven  through  March  thirty-first,  two thousand eleven, four million
     8  three hundred thousand dollars each state fiscal  year  for  the  period
     9  April  first,  two thousand eleven through March thirty-first, two thou-
    10  sand fourteen, up to four million three hundred sixty  thousand  dollars
    11  each state fiscal year for the period April first, two thousand fourteen
    12  through  March  thirty-first, two thousand seventeen, up to four million
    13  three hundred sixty thousand dollars for each state fiscal year for  the
    14  period  April  first, two thousand seventeen through March thirty-first,
    15  two thousand twenty, [and] up to four million three hundred sixty  thou-
    16  sand  dollars for each fiscal year for the period April first, two thou-
    17  sand twenty through March thirty-first, two thousand  twenty-three,  and
    18  up  to four million three hundred sixty thousand dollars for each fiscal
    19  year for the period April first, two thousand twenty-three through March
    20  thirty-first, two thousand twenty-six, shall be set aside  and  reserved
    21  by  the  commissioner  from  the  regional pools established pursuant to
    22  subdivision two of this section and shall be available for  purposes  of
    23  physician  practice  support.  Notwithstanding any contrary provision of
    24  this section, sections one hundred twelve and one hundred sixty-three of
    25  the state finance law, or any other  contrary  provision  of  law,  such
    26  funding  shall be allocated regionally with one-third of available funds
    27  going to New York city and two-thirds of available funds  going  to  the
    28  rest  of the state and shall be distributed in a manner to be determined
    29  by the commissioner without a competitive bid or  request  for  proposal
    30  process as follows:
    31    (i)  Preference in funding shall first be accorded to teaching general
    32  hospitals for up to twenty-five awards, to  support  costs  incurred  by
    33  physicians  trained in primary or specialty tracks who thereafter estab-
    34  lish or join practices in underserved communities, as determined by  the
    35  commissioner.
    36    (ii)  After  distributions in accordance with subparagraph (i) of this
    37  paragraph, all remaining funds shall be awarded to physicians to support
    38  the cost of establishing or joining practices  in  underserved  communi-
    39  ties,  as  determined  by  the  commissioner, and to hospitals and other
    40  health care providers to recruit new physicians to provide  services  in
    41  underserved communities, as determined by the commissioner.
    42    (iii)  In no case shall less than fifty percent of the funds available
    43  pursuant to this  paragraph  be  distributed  to  general  hospitals  in
    44  accordance with subparagraphs (i) and (ii) of this paragraph.
    45    (e)  Work  group.  For  funding  available  pursuant to paragraphs (c)
    46  [and], (d) and (e) of this subdivision:
    47    (i) The department shall appoint a  work  group  from  recommendations
    48  made  by  associations  representing  physicians,  general hospitals and
    49  other health care facilities to develop a streamlined application  proc-
    50  ess by June first, two thousand twelve.
    51    (ii) Subject to available funding, applications shall be accepted on a
    52  continuous  basis.  The department shall provide technical assistance to
    53  applicants to facilitate their completion of applications. An  applicant
    54  shall  be  notified  in  writing  by  the  department within ten days of
    55  receipt of an application as to whether the application is complete  and
    56  if  the  application is incomplete, what information is outstanding. The

        S. 4007--C                         44                         A. 3007--C
 
     1  department shall act on an application within thirty days of receipt  of
     2  a complete application.
     3    (f) Study on physician workforce. Five hundred ninety thousand dollars
     4  annually for the period January first, two thousand eight through Decem-
     5  ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
     6  dollars for the period January first, two thousand eleven through  March
     7  thirty-first, two thousand eleven, five hundred sixteen thousand dollars
     8  each  state  fiscal year for the period April first, two thousand eleven
     9  through March thirty-first, two thousand fourteen, up  to  four  hundred
    10  eighty-seven  thousand  dollars  each  state  fiscal year for the period
    11  April first, two thousand fourteen through March thirty-first, two thou-
    12  sand seventeen, up to four hundred  eighty-seven  thousand  dollars  for
    13  each  state  fiscal year for the period April first, two thousand seven-
    14  teen through March thirty-first, two thousand twenty, [and] up  to  four
    15  hundred  eighty-seven  thousand  dollars  each state fiscal year for the
    16  period April first, two thousand twenty through March thirty-first,  two
    17  thousand  twenty-three,  and  up  to  four hundred eighty-seven thousand
    18  dollars each state fiscal year for the period April first, two  thousand
    19  twenty-three  through March thirty-first, two thousand twenty-six, shall
    20  be set aside and reserved by the commissioner from  the  regional  pools
    21  established  pursuant  to  subdivision  two of this section and shall be
    22  available to fund a study of physician  workforce  needs  and  solutions
    23  including,  but  not  limited  to, an analysis of residency programs and
    24  projected physician workforce  and  community  needs.  The  commissioner
    25  shall  enter  into  agreements with one or more organizations to conduct
    26  such study based on a request for proposal process.
    27    (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
    28  any  inconsistent provision of section one hundred twelve or one hundred
    29  sixty-three of the state finance law or any other law, one million  nine
    30  hundred  sixty  thousand  dollars annually for the period January first,
    31  two thousand eight through December thirty-first, two thousand ten, four
    32  hundred ninety thousand dollars for the period January first, two  thou-
    33  sand eleven through March thirty-first, two thousand eleven, one million
    34  seven  hundred  thousand  dollars  each state fiscal year for the period
    35  April first, two thousand eleven through March thirty-first,  two  thou-
    36  sand  fourteen, up to one million six hundred five thousand dollars each
    37  state fiscal year for the period  April  first,  two  thousand  fourteen
    38  through  March  thirty-first,  two thousand seventeen, up to one million
    39  six hundred five thousand dollars each state fiscal year for the  period
    40  April  first,  two  thousand  seventeen  through March thirty-first, two
    41  thousand twenty, [and] up to  one  million  six  hundred  five  thousand
    42  dollars  each state fiscal year for the period April first, two thousand
    43  twenty through March thirty-first, two thousand twenty-three, and up  to
    44  one million six hundred five thousand dollars each state fiscal year for
    45  the  period April first, two thousand twenty-three through March thirty-
    46  first, two thousand twenty-six, shall be set aside and reserved  by  the
    47  commissioner from the regional pools established pursuant to subdivision
    48  two  of  this  section  and  shall be available for distributions to the
    49  Associated Medical Schools of New York to  fund  its  diversity  program
    50  including  existing and new post-baccalaureate programs for minority and
    51  economically disadvantaged students and encourage participation from all
    52  medical schools in New York. The associated medical schools of New  York
    53  shall report to the commissioner on an annual basis regarding the use of
    54  funds  for  such  purpose  in  such  form and manner as specified by the
    55  commissioner.

        S. 4007--C                         45                         A. 3007--C
 
     1    (h) In the event there are undistributed  funds  within  amounts  made
     2  available for distributions pursuant to this subdivision, such funds may
     3  be  reallocated  and  distributed  in current or subsequent distribution
     4  periods in a manner determined by the commissioner for any  purpose  set
     5  forth in this subdivision.
     6    §  7.  Subdivision  4-c of section 2807-p of the public health law, as
     7  amended by section 10 of part Y of chapter 56 of the laws  of  2020,  is
     8  amended to read as follows:
     9    4-c. Notwithstanding any provision of law to the contrary, the commis-
    10  sioner  shall  make additional payments for uncompensated care to volun-
    11  tary non-profit diagnostic and treatment centers that are  eligible  for
    12  distributions  under  subdivision  four of this section in the following
    13  amounts: for the period June first, two thousand  six  through  December
    14  thirty-first,  two  thousand  six,  in  the amount of seven million five
    15  hundred thousand dollars, for the period  January  first,  two  thousand
    16  seven  through  December thirty-first, two thousand seven, seven million
    17  five hundred thousand dollars, for the period January first,  two  thou-
    18  sand  eight  through  December  thirty-first,  two thousand eight, seven
    19  million five hundred thousand dollars, for the period January first, two
    20  thousand nine through December thirty-first, two thousand nine,  fifteen
    21  million five hundred thousand dollars, for the period January first, two
    22  thousand  ten  through  December  thirty-first,  two thousand ten, seven
    23  million five hundred thousand dollars, for the period January first, two
    24  thousand eleven though December thirty-first, two thousand eleven, seven
    25  million five hundred thousand dollars, for the period January first, two
    26  thousand twelve through  December  thirty-first,  two  thousand  twelve,
    27  seven  million  five  hundred  thousand  dollars, for the period January
    28  first, two thousand thirteen through December thirty-first, two thousand
    29  thirteen, seven million five hundred thousand dollars,  for  the  period
    30  January  first, two thousand fourteen through December thirty-first, two
    31  thousand fourteen, seven million five hundred thousand dollars, for  the
    32  period  January  first,  two  thousand  fifteen through December thirty-
    33  first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
    34  dollars,  for  the  period  January  first  two thousand sixteen through
    35  December thirty-first, two thousand sixteen, seven million five  hundred
    36  thousand  dollars,  for the period January first, two thousand seventeen
    37  through December thirty-first, two  thousand  seventeen,  seven  million
    38  five  hundred  thousand dollars, for the period January first, two thou-
    39  sand eighteen through  December  thirty-first,  two  thousand  eighteen,
    40  seven  million  five  hundred  thousand  dollars, for the period January
    41  first, two thousand nineteen through December thirty-first, two thousand
    42  nineteen, seven million five hundred thousand dollars,  for  the  period
    43  January  first,  two  thousand twenty through December thirty-first, two
    44  thousand twenty, seven million five hundred thousand  dollars,  for  the
    45  period  January  first, two thousand twenty-one through December thirty-
    46  first, two thousand twenty-one,  seven  million  five  hundred  thousand
    47  dollars,  for  the period January first, two thousand twenty-two through
    48  December thirty-first,  two  thousand  twenty-two,  seven  million  five
    49  hundred  thousand  dollars,  for  the period January first, two thousand
    50  twenty-three through December thirty-first, two  thousand  twenty-three,
    51  seven  million  five  hundred  thousand  dollars, for the period January
    52  first, two thousand twenty-four through December thirty-first, two thou-
    53  sand twenty-four, seven million five hundred thousand dollars,  for  the
    54  period  January first, two thousand twenty-five through December thirty-
    55  first, two thousand twenty-five, seven  million  five  hundred  thousand
    56  dollars,  and  for the period January first, two thousand [twenty-three]

        S. 4007--C                         46                         A. 3007--C

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

        S. 4007--C                         47                         A. 3007--C
 
     1    6. Prospective adjustments. (a) The commissioner shall annually recon-
     2  cile the sum of the actual payments made  to  the  commissioner  or  the
     3  commissioner's designee for each region pursuant to section twenty-eight
     4  hundred  seven-s  of  this  article and pursuant to this section for the
     5  prior  year  with  the regional allocation of the gross annual statewide
     6  amount specified in subdivision  six  of  section  twenty-eight  hundred
     7  seven-s  of this article for such prior year. The difference between the
     8  actual amount raised for a region and the  regional  allocation  of  the
     9  specified  gross annual amount for such prior year shall be applied as a
    10  prospective adjustment to the regional allocation of the specified gross
    11  annual payment amount for such region for the year  next  following  the
    12  calculation  of  the  reconciliation. The authorized dollar value of the
    13  adjustments shall be the same as if calculated retrospectively.
    14    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    15  sion,  for  covered  lives  assessment rate periods on and after January
    16  first, two thousand fifteen through December thirty-first, two  thousand
    17  [twenty-three]  twenty-one,  for  amounts  collected in the aggregate in
    18  excess of one billion forty-five million dollars on an annual basis, and
    19  for the period January first, two thousand twenty-two to December  thir-
    20  ty-first, two thousand twenty-six for amounts collected in the aggregate
    21  in excess of one billion eighty-five million dollars on an annual basis,
    22  prospective  adjustments shall be suspended if the annual reconciliation
    23  calculation from the prior year would otherwise result in a decrease  to
    24  the regional allocation of the specified gross annual payment amount for
    25  that  region,  provided,  however,  that such suspension shall be lifted
    26  upon a determination by  the  commissioner,  in  consultation  with  the
    27  director  of  the  budget,  that sixty-five million dollars in aggregate
    28  collections on an annual basis over and  above  one  billion  forty-five
    29  million  dollars  on an annual basis for the period on and after January
    30  first, two thousand fifteen through December thirty-first, two  thousand
    31  twenty-one  and for the period January first, two thousand twenty-two to
    32  December thirty-first, two thousand twenty-six for amounts collected  in
    33  the aggregate in excess of one billion eighty-five million dollars on an
    34  annual  basis  have  been reserved and set aside for deposit in the HCRA
    35  resources fund. Any amounts collected in the aggregate at or  below  one
    36  billion  forty-five million dollars on an annual basis for the period on
    37  and after January first, two thousand fifteen through  December  thirty-
    38  first,  two  thousand twenty-two,  and for the period January first, two
    39  thousand twenty-three to December thirty-first, two thousand  twenty-six
    40  for  amounts collected in the aggregate in excess of one billion eighty-
    41  five million dollars on an annual basis, shall be  subject  to  regional
    42  adjustments reconciling any decreases or increases to the regional allo-
    43  cation in accordance with paragraph (a) of this subdivision.
    44    §  12.  Section 2807-v of the public health law, as amended by section
    45  14 of part Y of chapter 56 of the laws of 2020, is amended  to  read  as
    46  follows:
    47    § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
    48  utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
    49  initiatives  pool or in the health care reform act (HCRA) resources fund
    50  established pursuant to section ninety-two-dd of the state finance  law,
    51  whichever  is applicable, including income from invested funds, shall be
    52  distributed or retained by the commissioner or by the state comptroller,
    53  as applicable, in accordance with the following:
    54    (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed to receive for deposit to  the  credit  of  the  state  special

        S. 4007--C                         48                         A. 3007--C
 
     1  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
     2  medicaid administration account, or any successor fund or  account,  for
     3  purposes  of  services  and  expenses  related to the toll-free medicaid
     4  fraud hotline established pursuant to section one hundred eight of chap-
     5  ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
     6  control and insurance initiatives pool  established  for  the  following
     7  periods in the following amounts: four hundred thousand dollars annually
     8  for  the  periods  January  first, two thousand through December thirty-
     9  first, two thousand two, up to four hundred  thousand  dollars  for  the
    10  period  January first, two thousand three through December thirty-first,
    11  two thousand three, up to four hundred thousand dollars for  the  period
    12  January  first,  two  thousand  four  through December thirty-first, two
    13  thousand four, up to four hundred thousand dollars for the period  Janu-
    14  ary first, two thousand five through December thirty-first, two thousand
    15  five,  up to four hundred thousand dollars for the period January first,
    16  two thousand six through December thirty-first, two thousand six, up  to
    17  four hundred thousand dollars for the period January first, two thousand
    18  seven  through  December  thirty-first,  two  thousand seven, up to four
    19  hundred thousand dollars for the  period  January  first,  two  thousand
    20  eight  through  December  thirty-first,  two  thousand eight, up to four
    21  hundred thousand dollars for the period January first, two thousand nine
    22  through December thirty-first, two thousand nine,  up  to  four  hundred
    23  thousand  dollars for the period January first, two thousand ten through
    24  December thirty-first, two thousand ten,  up  to  one  hundred  thousand
    25  dollars  for the period January first, two thousand eleven through March
    26  thirty-first, two thousand eleven and within amounts appropriated on and
    27  after April first, two thousand eleven.
    28    (b) Funds shall be reserved and accumulated  from  year  to  year  and
    29  shall  be  available, including income from invested funds, for purposes
    30  of payment of audits or audit contracts necessary to determine payor and
    31  provider compliance with requirements set forth in sections twenty-eight
    32  hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
    33  seven-t  of  this  article from the tobacco control and insurance initi-
    34  atives pool established for  the  following  periods  in  the  following
    35  amounts:  five  million  six  hundred  thousand dollars annually for the
    36  periods January first, two thousand through December  thirty-first,  two
    37  thousand  two,  up to five million dollars for the period January first,
    38  two thousand three through December thirty-first, two thousand three, up
    39  to five million dollars for the period January first, two thousand  four
    40  through  December  thirty-first,  two  thousand four, up to five million
    41  dollars for the period January first, two thousand five through December
    42  thirty-first, two thousand five, up to  five  million  dollars  for  the
    43  period  January  first,  two thousand six through December thirty-first,
    44  two thousand six, up to seven million eight hundred thousand dollars for
    45  the period January first, two thousand seven  through  December  thirty-
    46  first,  two  thousand seven, and up to eight million three hundred twen-
    47  ty-five thousand dollars for the  period  January  first,  two  thousand
    48  eight  through  December  thirty-first,  two thousand eight, up to eight
    49  million five hundred thousand dollars for the period January first,  two
    50  thousand  nine  through  December thirty-first, two thousand nine, up to
    51  eight million five hundred  thousand  dollars  for  the  period  January
    52  first, two thousand ten through December thirty-first, two thousand ten,
    53  up to two million one hundred twenty-five thousand dollars for the peri-
    54  od  January  first,  two thousand eleven through March thirty-first, two
    55  thousand eleven, up to fourteen million seven hundred  thousand  dollars
    56  each  state  fiscal year for the period April first, two thousand eleven

        S. 4007--C                         49                         A. 3007--C
 
     1  through March thirty-first, two thousand fourteen, up to eleven  million
     2  one hundred thousand dollars each state fiscal year for the period April
     3  first,  two  thousand  fourteen through March thirty-first, two thousand
     4  seventeen,  up to eleven million one hundred thousand dollars each state
     5  fiscal year for the period April first, two thousand  seventeen  through
     6  March  thirty-first, two thousand twenty, [and] up to eleven million one
     7  hundred thousand dollars each state fiscal year  for  the  period  April
     8  first,  two  thousand  twenty  through  March thirty-first, two thousand
     9  twenty-three, and up to eleven million one hundred thousand dollars each
    10  state fiscal year for the period April first, two thousand  twenty-three
    11  through March thirty-first, two thousand twenty-six.
    12    (c)  Funds  shall  be  deposited  by  the commissioner, within amounts
    13  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    14  directed  to  receive  for  deposit  to  the credit of the state special
    15  revenue funds - other, HCRA transfer fund, enhanced  community  services
    16  account,  or  any  successor fund or account, for mental health services
    17  programs for case management services for adults and children; supported
    18  housing; home and community based waiver services; family  based  treat-
    19  ment;  family support services; mobile mental health teams; transitional
    20  housing; and community oversight, established pursuant to articles seven
    21  and forty-one of the mental hygiene law and subdivision nine of  section
    22  three  hundred  sixty-six of the social services law; and for comprehen-
    23  sive care centers for eating disorders pursuant to  the  former  section
    24  twenty-seven  hundred  ninety-nine-l  of  this chapter, provided however
    25  that, for such centers, funds in the amount  of  five  hundred  thousand
    26  dollars  on  an  annualized basis shall be transferred from the enhanced
    27  community services account, or any successor fund or account, and depos-
    28  ited into the fund established by section  ninety-five-e  of  the  state
    29  finance  law;  from  the  tobacco control and insurance initiatives pool
    30  established for the following periods in the following amounts:
    31    (i) forty-eight million dollars to be reserved, to be retained or  for
    32  distribution  pursuant to a chapter of the laws of two thousand, for the
    33  period January first, two thousand through  December  thirty-first,  two
    34  thousand;
    35    (ii)  eighty-seven  million  dollars to be reserved, to be retained or
    36  for distribution pursuant to a chapter of the laws of two thousand  one,
    37  for  the period January first, two thousand one through December thirty-
    38  first, two thousand one;
    39    (iii) eighty-seven million dollars to be reserved, to be  retained  or
    40  for  distribution pursuant to a chapter of the laws of two thousand two,
    41  for the period January first, two thousand two through December  thirty-
    42  first, two thousand two;
    43    (iv)  eighty-eight  million  dollars to be reserved, to be retained or
    44  for distribution pursuant to a chapter  of  the  laws  of  two  thousand
    45  three, for the period January first, two thousand three through December
    46  thirty-first, two thousand three;
    47    (v)  eighty-eight million dollars, plus five hundred thousand dollars,
    48  to be reserved, to be retained or for distribution pursuant to a chapter
    49  of the laws of two thousand four, and pursuant  to  the  former  section
    50  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
    51  ary first, two thousand four through December thirty-first, two thousand
    52  four;
    53    (vi) eighty-eight million dollars, plus five hundred thousand dollars,
    54  to be reserved, to be retained or for distribution pursuant to a chapter
    55  of  the  laws  of  two thousand five, and pursuant to the former section
    56  twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-

        S. 4007--C                         50                         A. 3007--C
 
     1  ary first, two thousand five through December thirty-first, two thousand
     2  five;
     3    (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
     4  dollars, to be reserved, to be retained or for distribution pursuant  to
     5  a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
     6  section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
     7  period  January  first,  two thousand six through December thirty-first,
     8  two thousand six;
     9    (viii) eighty-six million four hundred  thousand  dollars,  plus  five
    10  hundred thousand dollars, to be reserved, to be retained or for distrib-
    11  ution pursuant to a chapter of the laws of two thousand seven and pursu-
    12  ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
    13  chapter, for the period January first, two thousand seven through Decem-
    14  ber thirty-first, two thousand seven; and
    15    (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
    16  one hundred twenty-five thousand dollars, to be reserved, to be retained
    17  or  for  distribution  pursuant to a chapter of the laws of two thousand
    18  eight and pursuant to the former section  twenty-seven  hundred  ninety-
    19  nine-l of this chapter, for the period January first, two thousand eight
    20  through March thirty-first, two thousand eight.
    21    (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
    22  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    23  directed  to  receive  for  deposit  to  the credit of the state special
    24  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    25  or  any  successor  fund  or  account, for purposes of funding the state
    26  share of services and expenses related to the family health plus program
    27  including up to two and one-half million dollars annually for the period
    28  January first, two thousand through December thirty-first, two  thousand
    29  two, for administration and marketing costs associated with such program
    30  established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
    31  of subdivision two of section three hundred sixty-nine-ee of the  social
    32  services  law  from  the  tobacco control and insurance initiatives pool
    33  established for the following periods in the following amounts:
    34    (i) three million five hundred thousand dollars for the period January
    35  first, two thousand through December thirty-first, two thousand;
    36    (ii) twenty-seven million dollars for the period  January  first,  two
    37  thousand one through December thirty-first, two thousand one; and
    38    (iii)  fifty-seven  million  dollars for the period January first, two
    39  thousand two through December thirty-first, two thousand two.
    40    (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed to receive for deposit to  the  credit  of  the  state  special
    43  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    44  or any successor fund or account, for  purposes  of  funding  the  state
    45  share of services and expenses related to the family health plus program
    46  including up to two and one-half million dollars annually for the period
    47  January  first, two thousand through December thirty-first, two thousand
    48  two for administration and marketing costs associated with such  program
    49  established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
    50  of subdivision two of section three hundred sixty-nine-ee of the  social
    51  services  law  from  the  tobacco control and insurance initiatives pool
    52  established for the following periods in the following amounts:
    53    (i) two million five hundred thousand dollars for the  period  January
    54  first, two thousand through December thirty-first, two thousand;

        S. 4007--C                         51                         A. 3007--C
 
     1    (ii) thirty million five hundred thousand dollars for the period Janu-
     2  ary  first, two thousand one through December thirty-first, two thousand
     3  one; and
     4    (iii)  sixty-six  million  dollars  for  the period January first, two
     5  thousand two through December thirty-first, two thousand two.
     6    (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
     7  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     8  directed to receive for deposit to  the  credit  of  the  state  special
     9  revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
    10  medicaid administration account, or any successor fund or  account,  for
    11  purposes of payment of administrative expenses of the department related
    12  to  the family health plus program established pursuant to section three
    13  hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
    14  control  and  insurance  initiatives  pool established for the following
    15  periods in the following amounts: five hundred thousand  dollars  on  an
    16  annual  basis for the periods January first, two thousand through Decem-
    17  ber thirty-first, two thousand six, five hundred  thousand  dollars  for
    18  the  period  January  first, two thousand seven through December thirty-
    19  first, two thousand seven, and five hundred  thousand  dollars  for  the
    20  period  January first, two thousand eight through December thirty-first,
    21  two thousand eight, five hundred thousand dollars for the period January
    22  first, two thousand nine through  December  thirty-first,  two  thousand
    23  nine,  five  hundred  thousand dollars for the period January first, two
    24  thousand ten  through  December  thirty-first,  two  thousand  ten,  one
    25  hundred  twenty-five  thousand dollars for the period January first, two
    26  thousand eleven through March  thirty-first,  two  thousand  eleven  and
    27  within amounts appropriated on and after April first, two thousand elev-
    28  en.
    29    (g)  Funds  shall  be  reserved  and accumulated from year to year and
    30  shall be available, including income from invested funds,  for  purposes
    31  of  services and expenses related to the health maintenance organization
    32  direct pay market program established pursuant to  sections  forty-three
    33  hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
    34  ance law from the tobacco control and insurance initiatives pool  estab-
    35  lished for the following periods in the following amounts:
    36    (i)  up  to  thirty-five million dollars for the period January first,
    37  two thousand through December thirty-first, two thousand of which  fifty
    38  percentum  shall  be  allocated  to the program pursuant to section four
    39  thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
    40  percentum to the program pursuant to section four thousand three hundred
    41  twenty-two-a of the insurance law;
    42    (ii)  up  to  thirty-six million dollars for the period January first,
    43  two thousand one through December  thirty-first,  two  thousand  one  of
    44  which  fifty  percentum  shall  be  allocated to the program pursuant to
    45  section four thousand three hundred twenty-one-a of  the  insurance  law
    46  and  fifty  percentum  to  the program pursuant to section four thousand
    47  three hundred twenty-two-a of the insurance law;
    48    (iii) up to thirty-nine million dollars for the period January  first,
    49  two  thousand  two  through  December  thirty-first, two thousand two of
    50  which fifty percentum shall be allocated  to  the  program  pursuant  to
    51  section  four  thousand  three hundred twenty-one-a of the insurance law
    52  and fifty percentum to the program pursuant  to  section  four  thousand
    53  three hundred twenty-two-a of the insurance law;
    54    (iv)  up  to  forty  million dollars for the period January first, two
    55  thousand three through December  thirty-first,  two  thousand  three  of
    56  which  fifty  percentum  shall  be  allocated to the program pursuant to

        S. 4007--C                         52                         A. 3007--C
 
     1  section four thousand three hundred twenty-one-a of  the  insurance  law
     2  and  fifty  percentum  to  the program pursuant to section four thousand
     3  three hundred twenty-two-a of the insurance law;
     4    (v)  up  to  forty  million  dollars for the period January first, two
     5  thousand four through December thirty-first, two thousand four of  which
     6  fifty  percentum  shall  be allocated to the program pursuant to section
     7  four thousand three hundred twenty-one-a of the insurance law and  fifty
     8  percentum to the program pursuant to section four thousand three hundred
     9  twenty-two-a of the insurance law;
    10    (vi)  up  to  forty  million dollars for the period January first, two
    11  thousand five through December thirty-first, two thousand five of  which
    12  fifty  percentum  shall  be allocated to the program pursuant to section
    13  four thousand three hundred twenty-one-a of the insurance law and  fifty
    14  percentum to the program pursuant to section four thousand three hundred
    15  twenty-two-a of the insurance law;
    16    (vii)  up  to  forty million dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand  six  of  which
    18  fifty  percentum  shall  be allocated to the program pursuant to section
    19  four thousand three hundred twenty-one-a of the insurance law and  fifty
    20  percentum  shall  be  allocated  to the program pursuant to section four
    21  thousand three hundred twenty-two-a of the insurance law;
    22    (viii) up to forty million dollars for the period January  first,  two
    23  thousand  seven  through  December  thirty-first,  two thousand seven of
    24  which fifty percentum shall be allocated  to  the  program  pursuant  to
    25  section  four  thousand  three hundred twenty-one-a of the insurance law
    26  and fifty percentum shall  be  allocated  to  the  program  pursuant  to
    27  section  four  thousand three hundred twenty-two-a of the insurance law;
    28  and
    29    (ix) up to forty million dollars for the  period  January  first,  two
    30  thousand  eight  through  December  thirty-first,  two thousand eight of
    31  which fifty per centum shall be allocated to  the  program  pursuant  to
    32  section  four  thousand  three hundred twenty-one-a of the insurance law
    33  and fifty per centum shall be  allocated  to  the  program  pursuant  to
    34  section four thousand three hundred twenty-two-a of the insurance law.
    35    (h)  Funds  shall  be  reserved  and accumulated from year to year and
    36  shall be available, including income from invested funds,  for  purposes
    37  of  services  and  expenses  related  to the healthy New York individual
    38  program established pursuant to sections  four  thousand  three  hundred
    39  twenty-six and four thousand three hundred twenty-seven of the insurance
    40  law  from the tobacco control and insurance initiatives pool established
    41  for the following periods in the following amounts:
    42    (i) up to six million dollars for the period January first, two  thou-
    43  sand one through December thirty-first, two thousand one;
    44    (ii)  up  to twenty-nine million dollars for the period January first,
    45  two thousand two through December thirty-first, two thousand two;
    46    (iii) up to five million one hundred thousand dollars for  the  period
    47  January  first,  two  thousand  three through December thirty-first, two
    48  thousand three;
    49    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    50  period  January  first, two thousand four through December thirty-first,
    51  two thousand four;
    52    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    53  period  January  first, two thousand five through December thirty-first,
    54  two thousand five;

        S. 4007--C                         53                         A. 3007--C
 
     1    (vi) up to fifty-four million eight hundred thousand dollars  for  the
     2  period  January  first,  two thousand six through December thirty-first,
     3  two thousand six;
     4    (vii)  up  to sixty-one million seven hundred thousand dollars for the
     5  period January first, two thousand seven through December  thirty-first,
     6  two thousand seven; and
     7    (viii)  up  to  one hundred three million seven hundred fifty thousand
     8  dollars for the period January first, two thousand eight through  Decem-
     9  ber thirty-first, two thousand eight.
    10    (i)  Funds  shall  be  reserved  and accumulated from year to year and
    11  shall be available, including income from invested funds,  for  purposes
    12  of  services  and expenses related to the healthy New York group program
    13  established pursuant to sections four thousand three hundred  twenty-six
    14  and  four  thousand three hundred twenty-seven of the insurance law from
    15  the tobacco control and insurance initiatives pool established  for  the
    16  following periods in the following amounts:
    17    (i)  up  to  thirty-four million dollars for the period January first,
    18  two thousand one through December thirty-first, two thousand one;
    19    (ii) up to seventy-seven million dollars for the period January first,
    20  two thousand two through December thirty-first, two thousand two;
    21    (iii) up to ten million five hundred thousand dollars for  the  period
    22  January  first,  two  thousand  three through December thirty-first, two
    23  thousand three;
    24    (iv) up to twenty-four million six hundred thousand  dollars  for  the
    25  period  January  first, two thousand four through December thirty-first,
    26  two thousand four;
    27    (v) up to thirty-four million six hundred  thousand  dollars  for  the
    28  period  January  first, two thousand five through December thirty-first,
    29  two thousand five;
    30    (vi) up to fifty-four million eight hundred thousand dollars  for  the
    31  period  January  first,  two thousand six through December thirty-first,
    32  two thousand six;
    33    (vii) up to sixty-one million seven hundred thousand dollars  for  the
    34  period  January first, two thousand seven through December thirty-first,
    35  two thousand seven; and
    36    (viii) up to one hundred three million seven  hundred  fifty  thousand
    37  dollars  for the period January first, two thousand eight through Decem-
    38  ber thirty-first, two thousand eight.
    39    (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
    40  subdivision, the commissioner shall reserve and  accumulate  up  to  two
    41  million  five  hundred thousand dollars annually for the periods January
    42  first, two thousand four through  December  thirty-first,  two  thousand
    43  six,  one  million  four hundred thousand dollars for the period January
    44  first, two thousand seven through December  thirty-first,  two  thousand
    45  seven,  two  million  dollars for the period January first, two thousand
    46  eight through December thirty-first,  two  thousand  eight,  from  funds
    47  otherwise  available  for  distribution  under  such  paragraphs for the
    48  services and expenses related to the  pilot  program  for  entertainment
    49  industry  employees  included  in subsection (b) of section one thousand
    50  one hundred twenty-two of the insurance law,  and  an  additional  seven
    51  hundred  thousand  dollars  annually  for the periods January first, two
    52  thousand four through December thirty-first, two thousand six, an  addi-
    53  tional  three hundred thousand dollars for the period January first, two
    54  thousand seven through June thirtieth, two thousand seven  for  services
    55  and expenses related to the pilot program for displaced workers included

        S. 4007--C                         54                         A. 3007--C
 
     1  in  subsection (c) of section one thousand one hundred twenty-two of the
     2  insurance law.
     3    (j)  Funds  shall  be  reserved  and accumulated from year to year and
     4  shall be available, including income from invested funds,  for  purposes
     5  of  services  and  expenses  related  to  the tobacco use prevention and
     6  control program established pursuant to sections thirteen hundred  nine-
     7  ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
     8  tobacco  control  and  insurance  initiatives  pool  established for the
     9  following periods in the following amounts:
    10    (i) up to thirty million dollars for the  period  January  first,  two
    11  thousand through December thirty-first, two thousand;
    12    (ii)  up  to  forty  million dollars for the period January first, two
    13  thousand one through December thirty-first, two thousand one;
    14    (iii) up to forty million dollars for the period  January  first,  two
    15  thousand two through December thirty-first, two thousand two;
    16    (iv)  up to thirty-six million nine hundred fifty thousand dollars for
    17  the period January first, two thousand three  through  December  thirty-
    18  first, two thousand three;
    19    (v)  up  to thirty-six million nine hundred fifty thousand dollars for
    20  the period January first, two thousand  four  through  December  thirty-
    21  first, two thousand four;
    22    (vi)  up  to forty million six hundred thousand dollars for the period
    23  January first, two thousand  five  through  December  thirty-first,  two
    24  thousand five;
    25    (vii)  up  to eighty-one million nine hundred thousand dollars for the
    26  period January first, two thousand six  through  December  thirty-first,
    27  two thousand six, provided, however, that within amounts appropriated, a
    28  portion  of  such  funds  may  be transferred to the Roswell Park Cancer
    29  Institute Corporation to support costs associated with cancer research;
    30    (viii) up to ninety-four million one hundred  fifty  thousand  dollars
    31  for  the period January first, two thousand seven through December thir-
    32  ty-first, two thousand seven, provided,  however,  that  within  amounts
    33  appropriated,  a portion of such funds may be transferred to the Roswell
    34  Park Cancer Institute  Corporation  to  support  costs  associated  with
    35  cancer research;
    36    (ix)  up to ninety-four million one hundred fifty thousand dollars for
    37  the period January first, two thousand eight  through  December  thirty-
    38  first, two thousand eight;
    39    (x)  up  to ninety-four million one hundred fifty thousand dollars for
    40  the period January first, two thousand  nine  through  December  thirty-
    41  first, two thousand nine;
    42    (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
    43  dollars for the period January first, two thousand ten through  December
    44  thirty-first, two thousand ten;
    45    (xii)  up  to  twenty-one million four hundred twelve thousand dollars
    46  for the period January first, two thousand eleven through March  thirty-
    47  first, two thousand eleven;
    48    (xiii) up to fifty-two million one hundred thousand dollars each state
    49  fiscal  year  for  the  period  April first, two thousand eleven through
    50  March thirty-first, two thousand fourteen;
    51    (xiv) up to six million dollars each state fiscal year for the  period
    52  April first, two thousand fourteen through March thirty-first, two thou-
    53  sand seventeen;
    54    (xv)  up  to six million dollars each state fiscal year for the period
    55  April first, two thousand  seventeen  through  March  thirty-first,  two
    56  thousand twenty; [and]

        S. 4007--C                         55                         A. 3007--C
 
     1    (xvi)  up to six million dollars each state fiscal year for the period
     2  April first, two thousand twenty through March thirty-first,  two  thou-
     3  sand twenty-three; and
     4    (xvii) up to six million dollars each state fiscal year for the period
     5  April  first,  two thousand twenty-three through March thirty-first, two
     6  thousand twenty-six.
     7    (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
     8  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     9  directed to receive for deposit to  the  credit  of  the  state  special
    10  revenue  fund - other, HCRA transfer fund, health care services account,
    11  or any successor fund or account, for purposes of services and  expenses
    12  related  to public health programs, including comprehensive care centers
    13  for eating disorders pursuant to the former section twenty-seven hundred
    14  ninety-nine-l of this chapter, provided however that, for such  centers,
    15  funds  in  the  amount of five hundred thousand dollars on an annualized
    16  basis shall be transferred from the health care services account, or any
    17  successor fund or account, and deposited into the  fund  established  by
    18  section  ninety-five-e  of  the  state  finance law for periods prior to
    19  March thirty-first, two thousand eleven, from the  tobacco  control  and
    20  insurance  initiatives pool established for the following periods in the
    21  following amounts:
    22    (i) up to thirty-one million dollars for the period January first, two
    23  thousand through December thirty-first, two thousand;
    24    (ii) up to forty-one million dollars for the period January first, two
    25  thousand one through December thirty-first, two thousand one;
    26    (iii) up to eighty-one million dollars for the period  January  first,
    27  two thousand two through December thirty-first, two thousand two;
    28    (iv)  one hundred twenty-two million five hundred thousand dollars for
    29  the period January first, two thousand three  through  December  thirty-
    30  first, two thousand three;
    31    (v)  one  hundred  eight  million  five  hundred seventy-five thousand
    32  dollars, plus an additional five hundred thousand dollars, for the peri-
    33  od January first, two thousand four through December  thirty-first,  two
    34  thousand four;
    35    (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
    36  tional five hundred thousand dollars, for the period January first,  two
    37  thousand five through December thirty-first, two thousand five;
    38    (vii) one hundred fifty-six million six hundred thousand dollars, plus
    39  an  additional  five  hundred  thousand  dollars, for the period January
    40  first, two thousand six through December thirty-first, two thousand six;
    41    (viii) one hundred fifty-one million four  hundred  thousand  dollars,
    42  plus an additional five hundred thousand dollars, for the period January
    43  first,  two  thousand  seven through December thirty-first, two thousand
    44  seven;
    45    (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    46  dollars, plus an additional five hundred thousand dollars, for the peri-
    47  od  January first, two thousand eight through December thirty-first, two
    48  thousand eight;
    49    (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
    50  dollars, plus an additional five hundred thousand dollars, for the peri-
    51  od  January  first, two thousand nine through December thirty-first, two
    52  thousand nine;
    53    (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
    54  dollars, plus an additional five hundred thousand dollars, for the peri-
    55  od  January  first,  two thousand ten through December thirty-first, two
    56  thousand ten;

        S. 4007--C                         56                         A. 3007--C
 
     1    (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
     2  hundred  fifty dollars, plus an additional one hundred twenty-five thou-
     3  sand dollars, for the period January first, two thousand eleven  through
     4  March thirty-first, two thousand eleven;
     5    (xiii)  one  hundred  twenty million thirty-eight thousand dollars for
     6  the period April first, two thousand eleven through March  thirty-first,
     7  two thousand twelve; and
     8    (xiv) one hundred nineteen million four hundred seven thousand dollars
     9  each  state  fiscal year for the period April first, two thousand twelve
    10  through March thirty-first, two thousand fourteen.
    11    (l) Funds shall be  deposited  by  the  commissioner,  within  amounts
    12  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    13  directed to receive for deposit to  the  credit  of  the  state  special
    14  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    15  or any successor fund or account, for  purposes  of  funding  the  state
    16  share  of the personal care and certified home health agency rate or fee
    17  increases established pursuant to subdivision  three  of  section  three
    18  hundred  sixty-seven-o  of  the  social  services  law  from the tobacco
    19  control and insurance initiatives pool  established  for  the  following
    20  periods in the following amounts:
    21    (i)  twenty-three  million two hundred thousand dollars for the period
    22  January first, two thousand through December thirty-first, two thousand;
    23    (ii) twenty-three million two hundred thousand dollars for the  period
    24  January first, two thousand one through December thirty-first, two thou-
    25  sand one;
    26    (iii) twenty-three million two hundred thousand dollars for the period
    27  January first, two thousand two through December thirty-first, two thou-
    28  sand two;
    29    (iv)  up  to  sixty-five  million two hundred thousand dollars for the
    30  period January first, two thousand three through December  thirty-first,
    31  two thousand three;
    32    (v)  up  to  sixty-five  million  two hundred thousand dollars for the
    33  period January first, two thousand four through  December  thirty-first,
    34  two thousand four;
    35    (vi)  up  to  sixty-five  million two hundred thousand dollars for the
    36  period January first, two thousand five through  December  thirty-first,
    37  two thousand five;
    38    (vii)  up  to  sixty-five million two hundred thousand dollars for the
    39  period January first, two thousand six  through  December  thirty-first,
    40  two thousand six;
    41    (viii)  up  to sixty-five million two hundred thousand dollars for the
    42  period January first, two thousand seven through December  thirty-first,
    43  two thousand seven; and
    44    (ix)  up  to  sixteen  million  three hundred thousand dollars for the
    45  period January first, two thousand eight through March thirty-first, two
    46  thousand eight.
    47    (m) Funds shall be  deposited  by  the  commissioner,  within  amounts
    48  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    49  directed to receive for deposit to  the  credit  of  the  state  special
    50  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    51  or any successor fund or account, for  purposes  of  funding  the  state
    52  share  of  services  and expenses related to home care workers insurance
    53  pilot demonstration programs established pursuant to subdivision two  of
    54  section  three hundred sixty-seven-o of the social services law from the
    55  tobacco control and  insurance  initiatives  pool  established  for  the
    56  following periods in the following amounts:

        S. 4007--C                         57                         A. 3007--C
 
     1    (i)  three million eight hundred thousand dollars for the period Janu-
     2  ary first, two thousand through December thirty-first, two thousand;
     3    (ii) three million eight hundred thousand dollars for the period Janu-
     4  ary  first, two thousand one through December thirty-first, two thousand
     5  one;
     6    (iii) three million eight hundred  thousand  dollars  for  the  period
     7  January first, two thousand two through December thirty-first, two thou-
     8  sand two;
     9    (iv) up to three million eight hundred thousand dollars for the period
    10  January  first,  two  thousand  three through December thirty-first, two
    11  thousand three;
    12    (v) up to three million eight hundred thousand dollars for the  period
    13  January  first,  two  thousand  four  through December thirty-first, two
    14  thousand four;
    15    (vi) up to three million eight hundred thousand dollars for the period
    16  January first, two thousand  five  through  December  thirty-first,  two
    17  thousand five;
    18    (vii) up to three million eight hundred thousand dollars for the peri-
    19  od  January  first,  two thousand six through December thirty-first, two
    20  thousand six;
    21    (viii) up to three million eight  hundred  thousand  dollars  for  the
    22  period  January first, two thousand seven through December thirty-first,
    23  two thousand seven; and
    24    (ix) up to nine hundred fifty thousand dollars for the period  January
    25  first,  two  thousand  eight  through  March  thirty-first, two thousand
    26  eight.
    27    (n) Funds shall be transferred by the commissioner and shall be depos-
    28  ited to the credit of the special revenue funds -  other,  miscellaneous
    29  special  revenue  fund  - 339, elderly pharmaceutical insurance coverage
    30  program premium account authorized pursuant to the provisions  of  title
    31  three of article two of the elder law, or any successor fund or account,
    32  for  funding  state  expenses  relating  to the program from the tobacco
    33  control and insurance initiatives pool  established  for  the  following
    34  periods in the following amounts:
    35    (i)  one  hundred  seven million dollars for the period January first,
    36  two thousand through December thirty-first, two thousand;
    37    (ii) one hundred sixty-four million dollars  for  the  period  January
    38  first, two thousand one through December thirty-first, two thousand one;
    39    (iii)  three hundred twenty-two million seven hundred thousand dollars
    40  for the period January first, two thousand two through December  thirty-
    41  first, two thousand two;
    42    (iv)  four hundred thirty-three million three hundred thousand dollars
    43  for the period January first, two thousand three through December  thir-
    44  ty-first, two thousand three;
    45    (v)  five  hundred four million one hundred fifty thousand dollars for
    46  the period January first, two thousand  four  through  December  thirty-
    47  first, two thousand four;
    48    (vi) five hundred sixty-six million eight hundred thousand dollars for
    49  the  period  January  first,  two thousand five through December thirty-
    50  first, two thousand five;
    51    (vii) six hundred three million one hundred fifty thousand dollars for
    52  the period January first, two  thousand  six  through  December  thirty-
    53  first, two thousand six;
    54    (viii)  six  hundred  sixty million eight hundred thousand dollars for
    55  the period January first, two thousand seven  through  December  thirty-
    56  first, two thousand seven;

        S. 4007--C                         58                         A. 3007--C
 
     1    (ix)  three hundred sixty-seven million four hundred sixty-three thou-
     2  sand dollars for the period January first, two  thousand  eight  through
     3  December thirty-first, two thousand eight;
     4    (x)  three hundred thirty-four million eight hundred twenty-five thou-
     5  sand dollars for the period January first,  two  thousand  nine  through
     6  December thirty-first, two thousand nine;
     7    (xi)  three  hundred  forty-four million nine hundred thousand dollars
     8  for the period January first, two thousand ten through December  thirty-
     9  first, two thousand ten;
    10    (xii) eighty-seven million seven hundred eighty-eight thousand dollars
    11  for  the period January first, two thousand eleven through March thirty-
    12  first, two thousand eleven;
    13    (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
    14  dollars  for  the  period April first, two thousand eleven through March
    15  thirty-first, two thousand twelve;
    16    (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
    17  for  the  period  April first, two thousand twelve through March thirty-
    18  first, two thousand thirteen;
    19    (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
    20  dollars  for the period April first, two thousand thirteen through March
    21  thirty-first, two thousand fourteen;
    22    (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
    23  dollars  each state fiscal year for the period April first, two thousand
    24  fourteen through March thirty-first, two thousand seventeen;
    25    (xvii) one hundred twenty-seven million four hundred sixteen  thousand
    26  dollars  each state fiscal year for the period April first, two thousand
    27  seventeen through March thirty-first, two thousand twenty; [and]
    28    (xviii) one hundred twenty-seven million four hundred sixteen thousand
    29  dollars each state fiscal year for the period April first, two  thousand
    30  twenty through March thirty-first, two thousand twenty-three; and
    31    (xix)  one  hundred twenty-seven million four hundred sixteen thousand
    32  dollars each state fiscal year for the period April first, two  thousand
    33  twenty-three through March thirty-first, two thousand twenty-six.
    34    (o)  Funds  shall be reserved and accumulated and shall be transferred
    35  to the Roswell Park  Cancer  Institute  Corporation,  from  the  tobacco
    36  control  and  insurance  initiatives  pool established for the following
    37  periods in the following amounts:
    38    (i) up to ninety million dollars for the  period  January  first,  two
    39  thousand through December thirty-first, two thousand;
    40    (ii)  up  to  sixty  million dollars for the period January first, two
    41  thousand one through December thirty-first, two thousand one;
    42    (iii) up to eighty-five million dollars for the period January  first,
    43  two thousand two through December thirty-first, two thousand two;
    44    (iv)  eighty-five  million  two hundred fifty thousand dollars for the
    45  period January first, two thousand three through December  thirty-first,
    46  two thousand three;
    47    (v)  seventy-eight  million  dollars for the period January first, two
    48  thousand four through December thirty-first, two thousand four;
    49    (vi) seventy-eight million dollars for the period January  first,  two
    50  thousand five through December thirty-first, two thousand five;
    51    (vii)  ninety-one  million  dollars  for the period January first, two
    52  thousand six through December thirty-first, two thousand six;
    53    (viii) seventy-eight million dollars for the period January first, two
    54  thousand seven through December thirty-first, two thousand seven;
    55    (ix) seventy-eight million dollars for the period January  first,  two
    56  thousand eight through December thirty-first, two thousand eight;

        S. 4007--C                         59                         A. 3007--C
 
     1    (x)  seventy-eight  million  dollars for the period January first, two
     2  thousand nine through December thirty-first, two thousand nine;
     3    (xi)  seventy-eight  million dollars for the period January first, two
     4  thousand ten through December thirty-first, two thousand ten;
     5    (xii) nineteen million five hundred thousand dollars  for  the  period
     6  January first, two thousand eleven through March thirty-first, two thou-
     7  sand eleven;
     8    (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
     9  state fiscal year for  the  period  April  first,  two  thousand  eleven
    10  through March thirty-first, two thousand fourteen;
    11    (xiv) up to ninety-six million six hundred thousand dollars each state
    12  fiscal  year  for  the period April first, two thousand fourteen through
    13  March thirty-first, two thousand seventeen;
    14    (xv) up to ninety-six million six hundred thousand dollars each  state
    15  fiscal  year  for the period April first, two thousand seventeen through
    16  March thirty-first, two thousand twenty; [and]
    17    (xvi) up to ninety-six million six hundred thousand dollars each state
    18  fiscal year for the period April  first,  two  thousand  twenty  through
    19  March thirty-first, two thousand twenty-three; and
    20    (xvii)  up  to  ninety-six  million  six hundred thousand dollars each
    21  state fiscal year for the period April first, two thousand  twenty-three
    22  through March thirty-first, two thousand twenty-six.
    23    (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
    24  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    25  directed  to  receive  for  deposit  to  the credit of the state special
    26  revenue funds - other, indigent care fund - 068, indigent care  account,
    27  or  any  successor fund or account, for purposes of providing a medicaid
    28  disproportionate share payment from the high need indigent care  adjust-
    29  ment  pool  established pursuant to section twenty-eight hundred seven-w
    30  of this article, from the tobacco control and insurance initiatives pool
    31  established for the following periods in the following amounts:
    32    (i) eighty-two million dollars annually for the periods January first,
    33  two thousand through December thirty-first, two thousand two;
    34    (ii) up to eighty-two million dollars for the  period  January  first,
    35  two thousand three through December thirty-first, two thousand three;
    36    (iii)  up  to eighty-two million dollars for the period January first,
    37  two thousand four through December thirty-first, two thousand four;
    38    (iv) up to eighty-two million dollars for the  period  January  first,
    39  two thousand five through December thirty-first, two thousand five;
    40    (v) up to eighty-two million dollars for the period January first, two
    41  thousand six through December thirty-first, two thousand six;
    42    (vi)  up  to  eighty-two million dollars for the period January first,
    43  two thousand seven through December thirty-first, two thousand seven;
    44    (vii) up to eighty-two million dollars for the period  January  first,
    45  two thousand eight through December thirty-first, two thousand eight;
    46    (viii)  up to eighty-two million dollars for the period January first,
    47  two thousand nine through December thirty-first, two thousand nine;
    48    (ix) up to eighty-two million dollars for the  period  January  first,
    49  two thousand ten through December thirty-first, two thousand ten;
    50    (x)  up to twenty million five hundred thousand dollars for the period
    51  January first, two thousand eleven through March thirty-first, two thou-
    52  sand eleven; and
    53    (xi) up to eighty-two million dollars each state fiscal year  for  the
    54  period  April first, two thousand eleven through March thirty-first, two
    55  thousand fourteen.

        S. 4007--C                         60                         A. 3007--C
 
     1    (q) Funds shall be reserved and accumulated  from  year  to  year  and
     2  shall  be  available, including income from invested funds, for purposes
     3  of providing distributions  to  eligible  school  based  health  centers
     4  established  pursuant to section eighty-eight of chapter one of the laws
     5  of  nineteen hundred ninety-nine, from the tobacco control and insurance
     6  initiatives pool established for the following periods in the  following
     7  amounts:
     8    (i)  seven  million dollars annually for the period January first, two
     9  thousand through December thirty-first, two thousand two;
    10    (ii) up to seven million dollars for the  period  January  first,  two
    11  thousand three through December thirty-first, two thousand three;
    12    (iii)  up  to  seven million dollars for the period January first, two
    13  thousand four through December thirty-first, two thousand four;
    14    (iv) up to seven million dollars for the  period  January  first,  two
    15  thousand five through December thirty-first, two thousand five;
    16    (v)  up  to  seven  million  dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand six;
    18    (vi) up to seven million dollars for the  period  January  first,  two
    19  thousand seven through December thirty-first, two thousand seven;
    20    (vii)  up  to  seven million dollars for the period January first, two
    21  thousand eight through December thirty-first, two thousand eight;
    22    (viii) up to seven million dollars for the period January  first,  two
    23  thousand nine through December thirty-first, two thousand nine;
    24    (ix)  up  to  seven  million dollars for the period January first, two
    25  thousand ten through December thirty-first, two thousand ten;
    26    (x) up to one million seven hundred fifty  thousand  dollars  for  the
    27  period  January  first,  two thousand eleven through March thirty-first,
    28  two thousand eleven;
    29    (xi) up to five million six hundred thousand dollars each state fiscal
    30  year for the period April first, two thousand eleven through March thir-
    31  ty-first, two thousand fourteen;
    32    (xii) up to five million two  hundred  eighty-eight  thousand  dollars
    33  each state fiscal year for the period April first, two thousand fourteen
    34  through March thirty-first, two thousand seventeen;
    35    (xiii)  up  to  five million two hundred eighty-eight thousand dollars
    36  each state fiscal year for the period April first, two  thousand  seven-
    37  teen through March thirty-first, two thousand twenty; [and]
    38    (xiv)  up  to  five  million two hundred eighty-eight thousand dollars
    39  each state fiscal year for the period April first, two  thousand  twenty
    40  through March thirty-first, two thousand twenty-three; and
    41    (xv) up to five million two hundred eighty-eight thousand dollars each
    42  state  fiscal year for the period April first, two thousand twenty-three
    43  through March thirty-first, two thousand twenty-six.
    44    (r) Funds shall be deposited by the commissioner within amounts appro-
    45  priated, and the state comptroller is hereby authorized and directed  to
    46  receive  for  deposit to the credit of the state special revenue funds -
    47  other, HCRA transfer fund, medical assistance account, or any  successor
    48  fund  or account, for purposes of providing distributions for supplemen-
    49  tary  medical  insurance  for  Medicare  part  B  premiums,   physicians
    50  services,  outpatient  services,  medical  equipment, supplies and other
    51  health services, from the tobacco control and insurance initiatives pool
    52  established for the following periods in the following amounts:
    53    (i) forty-three million dollars for  the  period  January  first,  two
    54  thousand through December thirty-first, two thousand;
    55    (ii) sixty-one million dollars for the period January first, two thou-
    56  sand one through December thirty-first, two thousand one;

        S. 4007--C                         61                         A. 3007--C
 
     1    (iii)  sixty-five  million  dollars  for the period January first, two
     2  thousand two through December thirty-first, two thousand two;
     3    (iv)  sixty-seven million five hundred thousand dollars for the period
     4  January first, two thousand three  through  December  thirty-first,  two
     5  thousand three;
     6    (v)  sixty-eight  million  dollars  for  the period January first, two
     7  thousand four through December thirty-first, two thousand four;
     8    (vi) sixty-eight million dollars for the  period  January  first,  two
     9  thousand five through December thirty-first, two thousand five;
    10    (vii)  sixty-eight  million  dollars for the period January first, two
    11  thousand six through December thirty-first, two thousand six;
    12    (viii) seventeen million five hundred thousand dollars for the  period
    13  January  first,  two  thousand  seven through December thirty-first, two
    14  thousand seven;
    15    (ix) sixty-eight million dollars for the  period  January  first,  two
    16  thousand eight through December thirty-first, two thousand eight;
    17    (x)  sixty-eight  million  dollars  for  the period January first, two
    18  thousand nine through December thirty-first, two thousand nine;
    19    (xi) sixty-eight million dollars for the  period  January  first,  two
    20  thousand ten through December thirty-first, two thousand ten;
    21    (xii)  seventeen  million  dollars  for  the period January first, two
    22  thousand eleven through March thirty-first, two thousand eleven; and
    23    (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
    24  period  April first, two thousand eleven through March thirty-first, two
    25  thousand fourteen.
    26    (s) Funds shall be deposited by the commissioner within amounts appro-
    27  priated, and the state comptroller is hereby authorized and directed  to
    28  receive  for  deposit to the credit of the state special revenue funds -
    29  other, HCRA transfer fund, medical assistance account, or any  successor
    30  fund  or  account,  for  purposes of providing distributions pursuant to
    31  paragraphs (s-5), (s-6),  (s-7)  and  (s-8)  of  subdivision  eleven  of
    32  section  twenty-eight  hundred  seven-c of this article from the tobacco
    33  control and insurance initiatives pool  established  for  the  following
    34  periods in the following amounts:
    35    (i)  eighteen  million dollars for the period January first, two thou-
    36  sand through December thirty-first, two thousand;
    37    (ii) twenty-four million dollars  annually  for  the  periods  January
    38  first, two thousand one through December thirty-first, two thousand two;
    39    (iii)  up to twenty-four million dollars for the period January first,
    40  two thousand three through December thirty-first, two thousand three;
    41    (iv) up to twenty-four million dollars for the period  January  first,
    42  two thousand four through December thirty-first, two thousand four;
    43    (v)  up  to  twenty-four million dollars for the period January first,
    44  two thousand five through December thirty-first, two thousand five;
    45    (vi) up to twenty-four million dollars for the period  January  first,
    46  two thousand six through December thirty-first, two thousand six;
    47    (vii)  up to twenty-four million dollars for the period January first,
    48  two thousand seven through December thirty-first, two thousand seven;
    49    (viii) up to twenty-four million dollars for the period January first,
    50  two thousand eight through December thirty-first,  two  thousand  eight;
    51  and
    52    (ix)  up  to  twenty-two million dollars for the period January first,
    53  two thousand nine through November thirtieth, two thousand nine.
    54    (t) Funds shall be reserved and accumulated from year to year  by  the
    55  commissioner and shall be made available, including income from invested
    56  funds:

        S. 4007--C                         62                         A. 3007--C
 
     1    (i)  For  the  purpose  of making grants to a state owned and operated
     2  medical school which does not have a state owned and  operated  hospital
     3  on  site  and  available for teaching purposes. Notwithstanding sections
     4  one hundred twelve and one hundred sixty-three of the state finance law,
     5  such  grants  shall be made in the amount of up to five hundred thousand
     6  dollars for the period January  first,  two  thousand  through  December
     7  thirty-first, two thousand;
     8    (ii)  For  the purpose of making grants to medical schools pursuant to
     9  section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
    10  ninety-nine  in  the  sum  of  up to four million dollars for the period
    11  January first, two thousand through December thirty-first, two thousand;
    12  and
    13    (iii) The funds disbursed pursuant to subparagraphs (i)  and  (ii)  of
    14  this  paragraph  from the tobacco control and insurance initiatives pool
    15  are contingent upon meeting all funding amounts established pursuant  to
    16  paragraphs  (a),  (b),  (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
    17  and (s) of this  subdivision,  paragraph  (a)  of  subdivision  nine  of
    18  section  twenty-eight  hundred  seven-j  of this article, and paragraphs
    19  (a), (i) and (k) of subdivision  one  of  section  twenty-eight  hundred
    20  seven-l of this article.
    21    (u)  Funds  shall  be  deposited  by  the commissioner, within amounts
    22  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    23  directed  to  receive  for  deposit  to  the credit of the state special
    24  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    25  or  any  successor  fund  or  account, for purposes of funding the state
    26  share of services and expenses  related  to  the  nursing  home  quality
    27  improvement  demonstration program established pursuant to section twen-
    28  ty-eight hundred eight-d of this article from the  tobacco  control  and
    29  insurance  initiatives pool established for the following periods in the
    30  following amounts:
    31    (i) up to twenty-five million dollars for the period  beginning  April
    32  first,  two  thousand two and ending December thirty-first, two thousand
    33  two, and on an annualized  basis,  for  each  annual  period  thereafter
    34  beginning  January first, two thousand three and ending December thirty-
    35  first, two thousand four;
    36    (ii) up to eighteen million seven hundred fifty thousand  dollars  for
    37  the  period  January  first,  two thousand five through December thirty-
    38  first, two thousand five; and
    39    (iii) up to fifty-six million five hundred thousand  dollars  for  the
    40  period  January  first,  two thousand six through December thirty-first,
    41  two thousand six.
    42    (v) Funds shall be transferred by the commissioner and shall be depos-
    43  ited to the credit of the hospital excess liability pool created  pursu-
    44  ant  to section eighteen of chapter two hundred sixty-six of the laws of
    45  nineteen hundred eighty-six, or  any  successor  fund  or  account,  for
    46  purposes  of expenses related to the purchase of excess medical malprac-
    47  tice insurance and the cost of administrating the pool, including  costs
    48  associated  with  the  risk  management  program established pursuant to
    49  section forty-two of part A of chapter one of the laws of  two  thousand
    50  two  required by paragraph (a) of subdivision one of section eighteen of
    51  chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
    52  as may be amended from time to time, from the tobacco control and insur-
    53  ance initiatives pool established  for  the  following  periods  in  the
    54  following amounts:

        S. 4007--C                         63                         A. 3007--C
 
     1    (i) up to fifty million dollars or so much as is needed for the period
     2  January first, two thousand two through December thirty-first, two thou-
     3  sand two;
     4    (ii)  up to seventy-six million seven hundred thousand dollars for the
     5  period January first, two thousand three through December  thirty-first,
     6  two thousand three;
     7    (iii)  up  to sixty-five million dollars for the period January first,
     8  two thousand four through December thirty-first, two thousand four;
     9    (iv) up to sixty-five million dollars for the  period  January  first,
    10  two thousand five through December thirty-first, two thousand five;
    11    (v)  up to one hundred thirteen million eight hundred thousand dollars
    12  for the period January first, two thousand six through December  thirty-
    13  first, two thousand six;
    14    (vi)  up  to one hundred thirty million dollars for the period January
    15  first, two thousand seven through December  thirty-first,  two  thousand
    16  seven;
    17    (vii)  up to one hundred thirty million dollars for the period January
    18  first, two thousand eight through December  thirty-first,  two  thousand
    19  eight;
    20    (viii) up to one hundred thirty million dollars for the period January
    21  first,  two  thousand  nine  through December thirty-first, two thousand
    22  nine;
    23    (ix) up to one hundred thirty million dollars for the  period  January
    24  first, two thousand ten through December thirty-first, two thousand ten;
    25    (x)  up  to  thirty-two  million five hundred thousand dollars for the
    26  period January first, two thousand eleven  through  March  thirty-first,
    27  two thousand eleven;
    28    (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
    29  dollars each state fiscal year for the period April first, two  thousand
    30  eleven through March thirty-first, two thousand fourteen;
    31    (xii)  up  to  one  hundred twenty-seven million four hundred thousand
    32  dollars each state fiscal year for the period April first, two  thousand
    33  fourteen through March thirty-first, two thousand seventeen;
    34    (xiii)  up  to  one hundred twenty-seven million four hundred thousand
    35  dollars each state fiscal year for the period April first, two  thousand
    36  seventeen through March thirty-first, two thousand twenty; [and]
    37    (xiv)  up  to  one  hundred twenty-seven million four hundred thousand
    38  dollars each state fiscal year for the period April first, two  thousand
    39  twenty through March thirty-first, two thousand twenty-three; and
    40    (xv)  up  to  one  hundred  twenty-seven million four hundred thousand
    41  dollars each state fiscal year for the period April first, two  thousand
    42  twenty-three through March thirty-first, two thousand twenty-six.
    43    (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
    44  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    45  directed  to  receive  for  deposit  to  the credit of the state special
    46  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    47  or  any  successor  fund  or  account, for purposes of funding the state
    48  share of the treatment of breast and cervical cancer pursuant  to  para-
    49  graph  (d) of subdivision four of section three hundred sixty-six of the
    50  social services law, from the tobacco control and insurance  initiatives
    51  pool established for the following periods in the following amounts:
    52    (i)  up  to four hundred fifty thousand dollars for the period January
    53  first, two thousand two through December thirty-first, two thousand two;
    54    (ii) up to two million one hundred thousand  dollars  for  the  period
    55  January  first,  two  thousand  three through December thirty-first, two
    56  thousand three;

        S. 4007--C                         64                         A. 3007--C
 
     1    (iii) up to two million one hundred thousand dollars  for  the  period
     2  January  first,  two  thousand  four  through December thirty-first, two
     3  thousand four;
     4    (iv)  up  to  two  million one hundred thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  up  to  two  million  one hundred thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) up to two million one hundred thousand  dollars  for  the  period
    11  January  first,  two  thousand  seven through December thirty-first, two
    12  thousand seven;
    13    (vii) up to two million one hundred thousand dollars  for  the  period
    14  January  first,  two  thousand  eight through December thirty-first, two
    15  thousand eight;
    16    (viii) up to two million one hundred thousand dollars for  the  period
    17  January  first,  two  thousand  nine  through December thirty-first, two
    18  thousand nine;
    19    (ix) up to two million one hundred thousand  dollars  for  the  period
    20  January first, two thousand ten through December thirty-first, two thou-
    21  sand ten;
    22    (x)  up  to  five  hundred twenty-five thousand dollars for the period
    23  January first, two thousand eleven through March thirty-first, two thou-
    24  sand eleven;
    25    (xi) up to two million one hundred thousand dollars each state  fiscal
    26  year for the period April first, two thousand eleven through March thir-
    27  ty-first, two thousand fourteen;
    28    (xii) up to two million one hundred thousand dollars each state fiscal
    29  year  for  the  period  April first, two thousand fourteen through March
    30  thirty-first, two thousand seventeen;
    31    (xiii) up to two million  one  hundred  thousand  dollars  each  state
    32  fiscal  year  for the period April first, two thousand seventeen through
    33  March thirty-first, two thousand twenty; [and]
    34    (xiv) up to two million one hundred thousand dollars each state fiscal
    35  year for the period April first, two thousand twenty through March thir-
    36  ty-first, two thousand twenty-three; and
    37    (xv) up to two million one hundred thousand dollars each state  fiscal
    38  year for the period April first, two thousand twenty-three through March
    39  thirty-first, two thousand twenty-six.
    40    (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
    41  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    42  directed  to  receive  for  deposit  to  the credit of the state special
    43  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    44  or  any  successor  fund  or  account, for purposes of funding the state
    45  share of the non-public general hospital rates increases for recruitment
    46  and retention of health care workers from the tobacco control and insur-
    47  ance initiatives pool established  for  the  following  periods  in  the
    48  following amounts:
    49    (i) twenty-seven million one hundred thousand dollars on an annualized
    50  basis  for  the  period January first, two thousand two through December
    51  thirty-first, two thousand two;
    52    (ii) fifty million eight hundred thousand  dollars  on  an  annualized
    53  basis  for the period January first, two thousand three through December
    54  thirty-first, two thousand three;

        S. 4007--C                         65                         A. 3007--C
 
     1    (iii) sixty-nine million three hundred thousand dollars on an  annual-
     2  ized  basis  for  the  period  January  first, two thousand four through
     3  December thirty-first, two thousand four;
     4    (iv)  sixty-nine million three hundred thousand dollars for the period
     5  January first, two thousand  five  through  December  thirty-first,  two
     6  thousand five;
     7    (v)  sixty-nine  million three hundred thousand dollars for the period
     8  January first, two thousand six through December thirty-first, two thou-
     9  sand six;
    10    (vi) sixty-five million three hundred thousand dollars for the  period
    11  January  first,  two  thousand  seven through December thirty-first, two
    12  thousand seven;
    13    (vii) sixty-one million one hundred fifty  thousand  dollars  for  the
    14  period  January first, two thousand eight through December thirty-first,
    15  two thousand eight; and
    16    (viii) forty-eight million seven hundred twenty-one  thousand  dollars
    17  for the period January first, two thousand nine through November thirti-
    18  eth, two thousand nine.
    19    (y)  Funds  shall  be  reserved  and accumulated from year to year and
    20  shall be available, including income from invested funds,  for  purposes
    21  of  grants  to public general hospitals for recruitment and retention of
    22  health care workers pursuant to paragraph (b) of subdivision  thirty  of
    23  section  twenty-eight  hundred  seven-c of this article from the tobacco
    24  control and insurance initiatives pool  established  for  the  following
    25  periods in the following amounts:
    26    (i)  eighteen  million  five hundred thousand dollars on an annualized
    27  basis for the period January first, two thousand  two  through  December
    28  thirty-first, two thousand two;
    29    (ii)  thirty-seven million four hundred thousand dollars on an annual-
    30  ized basis for the period January  first,  two  thousand  three  through
    31  December thirty-first, two thousand three;
    32    (iii)  fifty-two million two hundred thousand dollars on an annualized
    33  basis for the period January first, two thousand four  through  December
    34  thirty-first, two thousand four;
    35    (iv)  fifty-two  million  two  hundred thousand dollars for the period
    36  January first, two thousand  five  through  December  thirty-first,  two
    37  thousand five;
    38    (v)  fifty-two  million  two  hundred  thousand dollars for the period
    39  January first, two thousand six through December thirty-first, two thou-
    40  sand six;
    41    (vi) forty-nine million dollars for  the  period  January  first,  two
    42  thousand seven through December thirty-first, two thousand seven;
    43    (vii)  forty-nine  million  dollars  for the period January first, two
    44  thousand eight through December thirty-first, two thousand eight; and
    45    (viii) twelve million two hundred fifty thousand dollars for the peri-
    46  od January first, two thousand  nine  through  March  thirty-first,  two
    47  thousand nine.
    48    Provided,  however,  amounts pursuant to this paragraph may be reduced
    49  in an amount to be approved by the director of  the  budget  to  reflect
    50  amounts  received  from  the  federal  government under the state's 1115
    51  waiver which are directed under its terms and conditions to  the  health
    52  workforce recruitment and retention program.
    53    (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
    54  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    55  directed  to  receive  for  deposit  to  the credit of the state special
    56  revenue funds - other, HCRA transfer fund, medical  assistance  account,

        S. 4007--C                         66                         A. 3007--C
 
     1  or  any  successor  fund  or  account, for purposes of funding the state
     2  share of the non-public residential health care facility rate  increases
     3  for  recruitment  and retention of health care workers pursuant to para-
     4  graph  (a) of subdivision eighteen of section twenty-eight hundred eight
     5  of this article from the tobacco control and insurance initiatives  pool
     6  established for the following periods in the following amounts:
     7    (i)  twenty-one million five hundred thousand dollars on an annualized
     8  basis for the period January first, two thousand  two  through  December
     9  thirty-first, two thousand two;
    10    (ii) thirty-three million three hundred thousand dollars on an annual-
    11  ized  basis  for  the  period  January first, two thousand three through
    12  December thirty-first, two thousand three;
    13    (iii) forty-six million three hundred thousand dollars on  an  annual-
    14  ized  basis  for  the  period  January  first, two thousand four through
    15  December thirty-first, two thousand four;
    16    (iv) forty-six million three hundred thousand dollars for  the  period
    17  January  first,  two  thousand  five  through December thirty-first, two
    18  thousand five;
    19    (v) forty-six million three hundred thousand dollars  for  the  period
    20  January first, two thousand six through December thirty-first, two thou-
    21  sand six;
    22    (vi) thirty million nine hundred thousand dollars for the period Janu-
    23  ary  first,  two thousand seven through December thirty-first, two thou-
    24  sand seven;
    25    (vii) twenty-four million seven hundred thousand dollars for the peri-
    26  od January first, two thousand eight through December thirty-first,  two
    27  thousand eight;
    28    (viii)  twelve million three hundred seventy-five thousand dollars for
    29  the period January first, two thousand  nine  through  December  thirty-
    30  first, two thousand nine;
    31    (ix)  nine million three hundred thousand dollars for the period Janu-
    32  ary first, two thousand ten through December thirty-first, two  thousand
    33  ten; and
    34    (x)  two  million  three  hundred twenty-five thousand dollars for the
    35  period January first, two thousand eleven  through  March  thirty-first,
    36  two thousand eleven.
    37    (aa)  Funds  shall  be  reserved and accumulated from year to year and
    38  shall be available, including income from invested funds,  for  purposes
    39  of  grants  to public residential health care facilities for recruitment
    40  and retention of health care workers pursuant to paragraph (b) of subdi-
    41  vision eighteen of section twenty-eight hundred eight  of  this  article
    42  from  the tobacco control and insurance initiatives pool established for
    43  the following periods in the following amounts:
    44    (i) seven million five hundred thousand dollars on an annualized basis
    45  for the period January first, two thousand two through December  thirty-
    46  first, two thousand two;
    47    (ii)  eleven  million  seven hundred thousand dollars on an annualized
    48  basis for the period January first, two thousand three through  December
    49  thirty-first, two thousand three;
    50    (iii)  sixteen  million  two hundred thousand dollars on an annualized
    51  basis for the period January first, two thousand four  through  December
    52  thirty-first, two thousand four;
    53    (iv) sixteen million two hundred thousand dollars for the period Janu-
    54  ary first, two thousand five through December thirty-first, two thousand
    55  five;

        S. 4007--C                         67                         A. 3007--C
 
     1    (v)  sixteen million two hundred thousand dollars for the period Janu-
     2  ary first, two thousand six through December thirty-first, two  thousand
     3  six;
     4    (vi) ten million eight hundred thousand dollars for the period January
     5  first,  two  thousand  seven through December thirty-first, two thousand
     6  seven;
     7    (vii) six million seven hundred fifty thousand dollars for the  period
     8  January  first,  two  thousand  eight through December thirty-first, two
     9  thousand eight; and
    10    (viii) one million three hundred fifty thousand dollars for the period
    11  January first, two thousand  nine  through  December  thirty-first,  two
    12  thousand nine.
    13    (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
    14  appropriated, and subject  to  the  availability  of  federal  financial
    15  participation,  and  the  state  comptroller  is  hereby  authorized and
    16  directed to receive for deposit to  the  credit  of  the  state  special
    17  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    18  or any successor fund or account, for  the  purpose  of  supporting  the
    19  state  share  of  adjustments  to Medicaid rates of payment for personal
    20  care services provided pursuant to paragraph (e) of subdivision  two  of
    21  section three hundred sixty-five-a of the social services law, for local
    22  social  service districts which include a city with a population of over
    23  one million persons and computed  and  distributed  in  accordance  with
    24  memorandums of understanding to be entered into between the state of New
    25  York and such local social service districts for the purpose of support-
    26  ing  the  recruitment  and retention of personal care service workers or
    27  any worker with direct patient care  responsibility,  from  the  tobacco
    28  control  and  insurance  initiatives  pool established for the following
    29  periods and the following amounts:
    30    (A) forty-four million dollars, on an annualized basis, for the period
    31  April first, two thousand two through December thirty-first,  two  thou-
    32  sand two;
    33    (B)  seventy-four  million  dollars,  on  an annualized basis, for the
    34  period January first, two thousand three through December  thirty-first,
    35  two thousand three;
    36    (C)  one hundred four million dollars, on an annualized basis, for the
    37  period January first, two thousand four through  December  thirty-first,
    38  two thousand four;
    39    (D)  one  hundred  thirty-six million dollars, on an annualized basis,
    40  for the period January first, two thousand five through  December  thir-
    41  ty-first, two thousand five;
    42    (E)  one  hundred  thirty-six million dollars, on an annualized basis,
    43  for the period January first, two thousand six through December  thirty-
    44  first, two thousand six;
    45    (F)  one  hundred  thirty-six  million  dollars for the period January
    46  first, two thousand seven through December  thirty-first,  two  thousand
    47  seven;
    48    (G)  one  hundred  thirty-six  million  dollars for the period January
    49  first, two thousand eight through December  thirty-first,  two  thousand
    50  eight;
    51    (H)  one  hundred  thirty-six  million  dollars for the period January
    52  first, two thousand nine through  December  thirty-first,  two  thousand
    53  nine;
    54    (I)  one  hundred  thirty-six  million  dollars for the period January
    55  first, two thousand ten through December thirty-first, two thousand ten;

        S. 4007--C                         68                         A. 3007--C
 
     1    (J) thirty-four million dollars for  the  period  January  first,  two
     2  thousand eleven through March thirty-first, two thousand eleven;
     3    (K)  up  to  one  hundred thirty-six million dollars each state fiscal
     4  year for the period April first, two thousand eleven through March thir-
     5  ty-first, two thousand fourteen;
     6    (L) up to one hundred thirty-six million  dollars  each  state  fiscal
     7  year  for  the  period March thirty-first, two thousand fourteen through
     8  April first, two thousand seventeen;
     9    (M) up to one hundred thirty-six million  dollars  each  state  fiscal
    10  year  for  the  period April first, two thousand seventeen through March
    11  thirty-first, two thousand twenty; [and]
    12    (N) up to one hundred thirty-six million  dollars  each  state  fiscal
    13  year for the period April first, two thousand twenty through March thir-
    14  ty-first, two thousand twenty-three; and
    15    (O)  up  to  one  hundred thirty-six million dollars each state fiscal
    16  year for the period April first, two thousand twenty-three through March
    17  thirty-first, two thousand twenty-six.
    18    (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
    19  shall  not, in aggregate, exceed the following amounts for the following
    20  periods:
    21    (A) for the period April first,  two  thousand  two  through  December
    22  thirty-first, two thousand two, one hundred ten million dollars;
    23    (B)  for the period January first, two thousand three through December
    24  thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
    25  dollars;
    26    (C)  for  the period January first, two thousand four through December
    27  thirty-first, two thousand four, two hundred sixty million dollars;
    28    (D) for the period January first, two thousand five  through  December
    29  thirty-first, two thousand five, three hundred forty million dollars;
    30    (E)  for  the  period January first, two thousand six through December
    31  thirty-first, two thousand six, three hundred forty million dollars;
    32    (F) for the period January first, two thousand seven through  December
    33  thirty-first, two thousand seven, three hundred forty million dollars;
    34    (G)  for the period January first, two thousand eight through December
    35  thirty-first, two thousand eight, three hundred forty million dollars;
    36    (H) for the period January first, two thousand nine  through  December
    37  thirty-first, two thousand nine, three hundred forty million dollars;
    38    (I)  for  the  period January first, two thousand ten through December
    39  thirty-first, two thousand ten, three hundred forty million dollars;
    40    (J) for the period January first, two thousand  eleven  through  March
    41  thirty-first, two thousand eleven, eighty-five million dollars;
    42    (K)  for  each  state  fiscal  year within the period April first, two
    43  thousand eleven through March thirty-first, two thousand fourteen, three
    44  hundred forty million dollars;
    45    (L) for each state fiscal year within  the  period  April  first,  two
    46  thousand  fourteen  through  March thirty-first, two thousand seventeen,
    47  three hundred forty million dollars;
    48    (M) for each state fiscal year within  the  period  April  first,  two
    49  thousand  seventeen  through  March  thirty-first,  two thousand twenty,
    50  three hundred forty million dollars; [and]
    51    (N) for each state fiscal year within  the  period  April  first,  two
    52  thousand  twenty  through March thirty-first, two thousand twenty-three,
    53  three hundred forty million dollars; and
    54    (O) for each state fiscal year within  the  period  April  first,  two
    55  thousand  twenty-three  through March thirty-first, two thousand twenty-
    56  six, three hundred forty million dollars.

        S. 4007--C                         69                         A. 3007--C
 
     1    (iii) Personal care service providers which have their rates  adjusted
     2  pursuant  to  this  paragraph  shall  use  such funds for the purpose of
     3  recruitment and retention  of  non-supervisory  personal  care  services
     4  workers  or  any worker with direct patient care responsibility only and
     5  are  prohibited  from  using such funds for any other purpose. Each such
     6  personal care services provider shall submit, at a time and in a  manner
     7  to  be determined by the commissioner, a written certification attesting
     8  that such funds will be used solely for the purpose of  recruitment  and
     9  retention of non-supervisory personal care services workers or any work-
    10  er  with direct patient care responsibility. The commissioner is author-
    11  ized to audit each such provider to ensure compliance with  the  written
    12  certification  required  by  this subdivision and shall recoup any funds
    13  determined to have been used for purposes  other  than  recruitment  and
    14  retention of non-supervisory personal care services workers or any work-
    15  er  with direct patient care responsibility. Such recoupment shall be in
    16  addition to any other penalties provided by law.
    17    (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
    18  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    19  directed to receive for deposit to  the  credit  of  the  state  special
    20  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    21  or any successor fund or account, for  the  purpose  of  supporting  the
    22  state  share  of  adjustments  to Medicaid rates of payment for personal
    23  care services provided pursuant to paragraph (e) of subdivision  two  of
    24  section three hundred sixty-five-a of the social services law, for local
    25  social  service  districts  which  shall not include a city with a popu-
    26  lation of over one million persons for the  purpose  of  supporting  the
    27  personal  care  services  worker  recruitment  and  retention program as
    28  established pursuant to  section  three  hundred  sixty-seven-q  of  the
    29  social  services law, from the tobacco control and insurance initiatives
    30  pool established for the following periods and the following amounts:
    31    (i) two million eight hundred thousand dollars for  the  period  April
    32  first, two thousand two through December thirty-first, two thousand two;
    33    (ii)  five  million  six  hundred  thousand  dollars, on an annualized
    34  basis, for the period January first, two thousand three through December
    35  thirty-first, two thousand three;
    36    (iii) eight million four hundred thousand dollars,  on  an  annualized
    37  basis,  for the period January first, two thousand four through December
    38  thirty-first, two thousand four;
    39    (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
    40  basis,  for the period January first, two thousand five through December
    41  thirty-first, two thousand five;
    42    (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
    43  basis,  for  the period January first, two thousand six through December
    44  thirty-first, two thousand six;
    45    (vi) eleven million two hundred thousand dollars for the period  Janu-
    46  ary  first,  two thousand seven through December thirty-first, two thou-
    47  sand seven;
    48    (vii) eleven million two hundred thousand dollars for the period Janu-
    49  ary first, two thousand eight through December thirty-first,  two  thou-
    50  sand eight;
    51    (viii)  eleven  million  two  hundred  thousand dollars for the period
    52  January first, two thousand  nine  through  December  thirty-first,  two
    53  thousand nine;
    54    (ix)  eleven million two hundred thousand dollars for the period Janu-
    55  ary first, two thousand ten through December thirty-first, two  thousand
    56  ten;

        S. 4007--C                         70                         A. 3007--C
 
     1    (x)  two million eight hundred thousand dollars for the period January
     2  first, two thousand eleven  through  March  thirty-first,  two  thousand
     3  eleven;
     4    (xi)  up  to  eleven  million  two hundred thousand dollars each state
     5  fiscal year for the period April  first,  two  thousand  eleven  through
     6  March thirty-first, two thousand fourteen;
     7    (xii)  up  to  eleven  million two hundred thousand dollars each state
     8  fiscal year for the period April first, two  thousand  fourteen  through
     9  March thirty-first, two thousand seventeen;
    10    (xiii)  up  to  eleven million two hundred thousand dollars each state
    11  fiscal year for the period April first, two thousand  seventeen  through
    12  March thirty-first, two thousand twenty; [and]
    13    (xiv)  up  to  eleven  million two hundred thousand dollars each state
    14  fiscal year for the period April  first,  two  thousand  twenty  through
    15  March thirty-first, two thousand twenty-three; and
    16    (xv)  up  to  eleven  million  two hundred thousand dollars each state
    17  fiscal year for  the  period  April  first,  two  thousand  twenty-three
    18  through March thirty-first, two thousand twenty-six.
    19    (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed  to  receive  for  deposit  to  the credit of the state special
    22  revenue fund - other, HCRA transfer fund, medical assistance account, or
    23  any successor fund or account, for purposes of funding the  state  share
    24  of Medicaid expenditures for physician services from the tobacco control
    25  and  insurance initiatives pool established for the following periods in
    26  the following amounts:
    27    (i) up to fifty-two million dollars for the period January first,  two
    28  thousand two through December thirty-first, two thousand two;
    29    (ii)  eighty-one  million  two hundred thousand dollars for the period
    30  January first, two thousand three  through  December  thirty-first,  two
    31  thousand three;
    32    (iii)  eighty-five million two hundred thousand dollars for the period
    33  January first, two thousand  four  through  December  thirty-first,  two
    34  thousand four;
    35    (iv)  eighty-five  million two hundred thousand dollars for the period
    36  January first, two thousand  five  through  December  thirty-first,  two
    37  thousand five;
    38    (v)  eighty-five  million  two hundred thousand dollars for the period
    39  January first, two thousand six through December thirty-first, two thou-
    40  sand six;
    41    (vi) eighty-five million two hundred thousand dollars for  the  period
    42  January  first,  two  thousand  seven through December thirty-first, two
    43  thousand seven;
    44    (vii) eighty-five million two hundred thousand dollars for the  period
    45  January  first,  two  thousand  eight through December thirty-first, two
    46  thousand eight;
    47    (viii) eighty-five million two hundred thousand dollars for the period
    48  January first, two thousand  nine  through  December  thirty-first,  two
    49  thousand nine;
    50    (ix)  eighty-five  million two hundred thousand dollars for the period
    51  January first, two thousand ten through December thirty-first, two thou-
    52  sand ten;
    53    (x) twenty-one million three hundred thousand dollars for  the  period
    54  January first, two thousand eleven through March thirty-first, two thou-
    55  sand eleven; and

        S. 4007--C                         71                         A. 3007--C
 
     1    (xi)  eighty-five  million  two  hundred  thousand  dollars each state
     2  fiscal year for the period April  first,  two  thousand  eleven  through
     3  March thirty-first, two thousand fourteen.
     4    (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
     5  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the credit of the state special
     7  revenue fund - other, HCRA transfer fund, medical assistance account, or
     8  any successor fund or account, for purposes of funding the  state  share
     9  of  the free-standing diagnostic and treatment center rate increases for
    10  recruitment and retention of health care workers pursuant to subdivision
    11  seventeen of section twenty-eight hundred seven of this article from the
    12  tobacco control and  insurance  initiatives  pool  established  for  the
    13  following periods in the following amounts:
    14    (i)  three  million  two hundred fifty thousand dollars for the period
    15  April first, two thousand two through December thirty-first,  two  thou-
    16  sand two;
    17    (ii) three million two hundred fifty thousand dollars on an annualized
    18  basis  for the period January first, two thousand three through December
    19  thirty-first, two thousand three;
    20    (iii) three million two hundred fifty thousand dollars on  an  annual-
    21  ized  basis  for  the  period  January  first, two thousand four through
    22  December thirty-first, two thousand four;
    23    (iv) three million two hundred fifty thousand dollars for  the  period
    24  January  first,  two  thousand  five  through December thirty-first, two
    25  thousand five;
    26    (v) three million two hundred fifty thousand dollars  for  the  period
    27  January first, two thousand six through December thirty-first, two thou-
    28  sand six;
    29    (vi)  three  million two hundred fifty thousand dollars for the period
    30  January first, two thousand seven  through  December  thirty-first,  two
    31  thousand seven;
    32    (vii) three million four hundred thirty-eight thousand dollars for the
    33  period  January first, two thousand eight through December thirty-first,
    34  two thousand eight;
    35    (viii) two million four hundred fifty thousand dollars for the  period
    36  January  first,  two  thousand  nine  through December thirty-first, two
    37  thousand nine;
    38    (ix) one million five hundred thousand dollars for the period  January
    39  first, two thousand ten through December thirty-first, two thousand ten;
    40  and
    41    (x)  three hundred twenty-five thousand dollars for the period January
    42  first, two thousand eleven  through  March  thirty-first,  two  thousand
    43  eleven.
    44    (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
    45  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    46  directed  to  receive  for  deposit  to  the credit of the state special
    47  revenue fund - other, HCRA transfer fund, medical assistance account, or
    48  any successor fund or account, for purposes of funding the  state  share
    49  of  Medicaid expenditures for disabled persons as authorized pursuant to
    50  former subparagraphs twelve and thirteen of paragraph (a) of subdivision
    51  one of section three hundred sixty-six of the social services  law  from
    52  the  tobacco  control and insurance initiatives pool established for the
    53  following periods in the following amounts:
    54    (i) one million eight hundred thousand dollars for  the  period  April
    55  first, two thousand two through December thirty-first, two thousand two;

        S. 4007--C                         72                         A. 3007--C
 
     1    (ii)  sixteen  million  four hundred thousand dollars on an annualized
     2  basis for the period January first, two thousand three through  December
     3  thirty-first, two thousand three;
     4    (iii) eighteen million seven hundred thousand dollars on an annualized
     5  basis  for  the period January first, two thousand four through December
     6  thirty-first, two thousand four;
     7    (iv) thirty million six hundred thousand dollars for the period  Janu-
     8  ary first, two thousand five through December thirty-first, two thousand
     9  five;
    10    (v) thirty million six hundred thousand dollars for the period January
    11  first, two thousand six through December thirty-first, two thousand six;
    12    (vi)  thirty million six hundred thousand dollars for the period Janu-
    13  ary first, two thousand seven through December thirty-first,  two  thou-
    14  sand seven;
    15    (vii)  fifteen million dollars for the period January first, two thou-
    16  sand eight through December thirty-first, two thousand eight;
    17    (viii) fifteen million dollars for the period January first, two thou-
    18  sand nine through December thirty-first, two thousand nine;
    19    (ix) fifteen million dollars for the period January first,  two  thou-
    20  sand ten through December thirty-first, two thousand ten;
    21    (x)  three million seven hundred fifty thousand dollars for the period
    22  January first, two thousand eleven through March thirty-first, two thou-
    23  sand eleven;
    24    (xi) fifteen million dollars each state fiscal  year  for  the  period
    25  April  first,  two thousand eleven through March thirty-first, two thou-
    26  sand fourteen;
    27    (xii) fifteen million dollars each state fiscal year  for  the  period
    28  April first, two thousand fourteen through March thirty-first, two thou-
    29  sand seventeen;
    30    (xiii)  fifteen  million dollars each state fiscal year for the period
    31  April first, two thousand  seventeen  through  March  thirty-first,  two
    32  thousand twenty; [and]
    33    (xiv)  fifteen  million  dollars each state fiscal year for the period
    34  April first, two thousand twenty through March thirty-first,  two  thou-
    35  sand twenty-three; and
    36    (xv)  fifteen  million  dollars  each state fiscal year for the period
    37  April first, two thousand twenty-three through March  thirty-first,  two
    38  thousand twenty-six.
    39    (gg)  Funds  shall  be  reserved and accumulated from year to year and
    40  shall be available, including income from invested funds,  for  purposes
    41  of  grants  to non-public general hospitals pursuant to paragraph (c) of
    42  subdivision thirty of section twenty-eight hundred seven-c of this arti-
    43  cle from the tobacco control and insurance initiatives pool  established
    44  for the following periods in the following amounts:
    45    (i)  up to one million three hundred thousand dollars on an annualized
    46  basis for the period January first, two thousand  two  through  December
    47  thirty-first, two thousand two;
    48    (ii) up to three million two hundred thousand dollars on an annualized
    49  basis  for the period January first, two thousand three through December
    50  thirty-first, two thousand three;
    51    (iii) up to five million six hundred thousand dollars on an annualized
    52  basis for the period January first, two thousand four  through  December
    53  thirty-first, two thousand four;
    54    (iv)  up  to eight million six hundred thousand dollars for the period
    55  January first, two thousand  five  through  December  thirty-first,  two
    56  thousand five;

        S. 4007--C                         73                         A. 3007--C
 
     1    (v)  up to eight million six hundred thousand dollars on an annualized
     2  basis for the period January first, two thousand  six  through  December
     3  thirty-first, two thousand six;
     4    (vi)  up  to  two  million six hundred thousand dollars for the period
     5  January first, two thousand seven  through  December  thirty-first,  two
     6  thousand seven;
     7    (vii)  up  to  two million six hundred thousand dollars for the period
     8  January first, two thousand eight  through  December  thirty-first,  two
     9  thousand eight;
    10    (viii)  up  to two million six hundred thousand dollars for the period
    11  January first, two thousand  nine  through  December  thirty-first,  two
    12  thousand nine;
    13    (ix)  up  to  two  million six hundred thousand dollars for the period
    14  January first, two thousand ten through December thirty-first, two thou-
    15  sand ten; and
    16    (x) up to six hundred fifty thousand dollars for  the  period  January
    17  first,  two  thousand  eleven  through  March thirty-first, two thousand
    18  eleven.
    19    (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
    20  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    21  directed to receive for deposit to the credit  of  the  special  revenue
    22  fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
    23  purposes of providing financial assistance to  residential  health  care
    24  facilities  pursuant  to subdivisions nineteen and twenty-one of section
    25  twenty-eight hundred eight of this article, from the tobacco control and
    26  insurance initiatives pool established for the following periods in  the
    27  following amounts:
    28    (i)  for  the  period  April  first, two thousand two through December
    29  thirty-first, two thousand two, ten million dollars;
    30    (ii) for the period January first, two thousand three through December
    31  thirty-first, two thousand three, nine million four hundred fifty  thou-
    32  sand dollars;
    33    (iii) for the period January first, two thousand four through December
    34  thirty-first,  two thousand four, nine million three hundred fifty thou-
    35  sand dollars;
    36    (iv) up to fifteen million dollars for the period January  first,  two
    37  thousand five through December thirty-first, two thousand five;
    38    (v)  up  to  fifteen million dollars for the period January first, two
    39  thousand six through December thirty-first, two thousand six;
    40    (vi) up to fifteen million dollars for the period January  first,  two
    41  thousand seven through December thirty-first, two thousand seven;
    42    (vii)  up to fifteen million dollars for the period January first, two
    43  thousand eight through December thirty-first, two thousand eight;
    44    (viii) up to fifteen million dollars for the period January first, two
    45  thousand nine through December thirty-first, two thousand nine;
    46    (ix) up to fifteen million dollars for the period January  first,  two
    47  thousand ten through December thirty-first, two thousand ten;
    48    (x)  up  to three million seven hundred fifty thousand dollars for the
    49  period January first, two thousand eleven  through  March  thirty-first,
    50  two thousand eleven; and
    51    (xi)  fifteen  million  dollars  each state fiscal year for the period
    52  April first, two thousand eleven through March thirty-first,  two  thou-
    53  sand fourteen.
    54    (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
    55  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    56  directed  to  receive  for  deposit  to  the credit of the state special

        S. 4007--C                         74                         A. 3007--C
 
     1  revenue funds - other, HCRA transfer fund, medical  assistance  account,
     2  or  any  successor  fund  or  account, for the purpose of supporting the
     3  state share of Medicaid expenditures for disabled persons as  authorized
     4  by sections 1619 (a) and (b) of the federal social security act pursuant
     5  to  the  tobacco  control and insurance initiatives pool established for
     6  the following periods in the following amounts:
     7    (i) six million four hundred thousand dollars  for  the  period  April
     8  first, two thousand two through December thirty-first, two thousand two;
     9    (ii) eight million five hundred thousand dollars, for the period Janu-
    10  ary  first,  two thousand three through December thirty-first, two thou-
    11  sand three;
    12    (iii) eight million five hundred thousand dollars for the period Janu-
    13  ary first, two thousand four through December thirty-first, two thousand
    14  four;
    15    (iv) eight million five hundred thousand dollars for the period  Janu-
    16  ary first, two thousand five through December thirty-first, two thousand
    17  five;
    18    (v) eight million five hundred thousand dollars for the period January
    19  first, two thousand six through December thirty-first, two thousand six;
    20    (vi) eight million six hundred thousand dollars for the period January
    21  first,  two  thousand  seven through December thirty-first, two thousand
    22  seven;
    23    (vii) eight million five hundred thousand dollars for the period Janu-
    24  ary first, two thousand eight through December thirty-first,  two  thou-
    25  sand eight;
    26    (viii)  eight  million  five  hundred  thousand dollars for the period
    27  January first, two thousand  nine  through  December  thirty-first,  two
    28  thousand nine;
    29    (ix)  eight million five hundred thousand dollars for the period Janu-
    30  ary first, two thousand ten through December thirty-first, two  thousand
    31  ten;
    32    (x) two million one hundred twenty-five thousand dollars for the peri-
    33  od  January  first,  two thousand eleven through March thirty-first, two
    34  thousand eleven;
    35    (xi) eight million five hundred thousand  dollars  each  state  fiscal
    36  year for the period April first, two thousand eleven through March thir-
    37  ty-first, two thousand fourteen;
    38    (xii)  eight  million  five hundred thousand dollars each state fiscal
    39  year for the period April first, two  thousand  fourteen  through  March
    40  thirty-first, two thousand seventeen;
    41    (xiii)  eight  million five hundred thousand dollars each state fiscal
    42  year for the period April first, two thousand  seventeen  through  March
    43  thirty-first, two thousand twenty; [and]
    44    (xiv)  eight  million  five hundred thousand dollars each state fiscal
    45  year for the period April first, two thousand twenty through March thir-
    46  ty-first, two thousand twenty-three; and
    47    (xv) eight million five hundred thousand  dollars  each  state  fiscal
    48  year for the period April first, two thousand twenty-three through March
    49  thirty-first, two thousand twenty-six.
    50    (jj)  Funds  shall  be  reserved and accumulated from year to year and
    51  shall be available,  including  income  from  invested  funds,  for  the
    52  purposes  of  a grant program to improve access to infertility services,
    53  treatments and procedures, from the tobacco control and insurance initi-
    54  atives pool established for the period January first, two  thousand  two
    55  through  December  thirty-first,  two thousand two in the amount of nine
    56  million one hundred seventy-five thousand dollars, for the period  April

        S. 4007--C                         75                         A. 3007--C

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

        S. 4007--C                         76                         A. 3007--C
 
     1    (iii)  one  hundred twenty-four million seven hundred thousand dollars
     2  for the period January first, two thousand four through  December  thir-
     3  ty-first, two thousand four;
     4    (iv)  one  hundred  twenty-four million seven hundred thousand dollars
     5  for the period January first, two thousand five through  December  thir-
     6  ty-first, two thousand five;
     7    (v) one hundred twenty-four million seven hundred thousand dollars for
     8  the  period  January  first,  two  thousand six through December thirty-
     9  first, two thousand six;
    10    (vi) one hundred twenty-four million seven  hundred  thousand  dollars
    11  for  the period January first, two thousand seven through December thir-
    12  ty-first, two thousand seven;
    13    (vii) one hundred twenty-four million seven hundred  thousand  dollars
    14  for  the period January first, two thousand eight through December thir-
    15  ty-first, two thousand eight;
    16    (viii) one hundred twenty-four million seven hundred thousand  dollars
    17  for  the  period January first, two thousand nine through December thir-
    18  ty-first, two thousand nine;
    19    (ix) one hundred twenty-four million seven  hundred  thousand  dollars
    20  for  the period January first, two thousand ten through December thirty-
    21  first, two thousand ten;
    22    (x) thirty-one million one hundred seventy-five thousand  dollars  for
    23  the  period  January  first,  two  thousand eleven through March thirty-
    24  first, two thousand eleven; and
    25    (xi) one hundred twenty-four million seven  hundred  thousand  dollars
    26  each  state  fiscal year for the period April first, two thousand eleven
    27  through March thirty-first, two thousand fourteen.
    28    (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
    29  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    30  directed to receive for deposit to  the  credit  of  the  state  special
    31  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    32  or any successor fund or account,  for  purposes  of  funding  specified
    33  percentages  of  the state share of services and expenses related to the
    34  family health plus program in accordance with the following schedule:
    35    (i) (A) for the period  January  first,  two  thousand  three  through
    36  December  thirty-first,  two  thousand  four, one hundred percent of the
    37  state share;
    38    (B) for the period January first, two thousand five  through  December
    39  thirty-first,  two  thousand  five,  seventy-five  percent  of the state
    40  share; and
    41    (C) for periods beginning on and after  January  first,  two  thousand
    42  six, fifty percent of the state share.
    43    (ii)  Funding  for  the  family health plus program will include up to
    44  five million dollars annually for the period January first, two thousand
    45  three through December  thirty-first,  two  thousand  six,  up  to  five
    46  million dollars for the period January first, two thousand seven through
    47  December  thirty-first,  two  thousand  seven,  up  to seven million two
    48  hundred thousand dollars for the  period  January  first,  two  thousand
    49  eight  through  December  thirty-first,  two thousand eight, up to seven
    50  million two hundred thousand dollars for the period January  first,  two
    51  thousand  nine  through  December thirty-first, two thousand nine, up to
    52  seven million two hundred thousand dollars for the period January first,
    53  two thousand ten through December thirty-first, two thousand ten, up  to
    54  one million eight hundred thousand dollars for the period January first,
    55  two  thousand eleven through March thirty-first, two thousand eleven, up
    56  to six million forty-nine thousand dollars for the period  April  first,

        S. 4007--C                         77                         A. 3007--C
 
     1  two  thousand eleven through March thirty-first, two thousand twelve, up
     2  to six million two hundred eighty-nine thousand dollars for  the  period
     3  April  first,  two thousand twelve through March thirty-first, two thou-
     4  sand  thirteen,  and  up  to six million four hundred sixty-one thousand
     5  dollars for the period April first, two thousand thirteen through  March
     6  thirty-first,  two  thousand  fourteen, for administration and marketing
     7  costs associated with such program established pursuant to  clauses  (A)
     8  and  (B)  of subparagraph (v) of paragraph (a) of subdivision two of the
     9  former section three hundred sixty-nine-ee of the  social  services  law
    10  from  the tobacco control and insurance initiatives pool established for
    11  the following periods in the following amounts:
    12    (A) one hundred ninety million six hundred thousand  dollars  for  the
    13  period  January first, two thousand three through December thirty-first,
    14  two thousand three;
    15    (B) three hundred seventy-four million dollars for the period  January
    16  first,  two  thousand  four  through December thirty-first, two thousand
    17  four;
    18    (C) five hundred thirty-eight million four  hundred  thousand  dollars
    19  for  the  period January first, two thousand five through December thir-
    20  ty-first, two thousand five;
    21    (D) three hundred eighteen million seven hundred seventy-five thousand
    22  dollars for the period January first, two thousand six through  December
    23  thirty-first, two thousand six;
    24    (E) four hundred eighty-two million eight hundred thousand dollars for
    25  the  period  January  first, two thousand seven through December thirty-
    26  first, two thousand seven;
    27    (F) five hundred seventy million twenty-five thousand dollars for  the
    28  period  January first, two thousand eight through December thirty-first,
    29  two thousand eight;
    30    (G) six hundred ten million seven hundred twenty-five thousand dollars
    31  for the period January first, two thousand nine through  December  thir-
    32  ty-first, two thousand nine;
    33    (H) six hundred twenty-seven million two hundred seventy-five thousand
    34  dollars  for the period January first, two thousand ten through December
    35  thirty-first, two thousand ten;
    36    (I) one hundred fifty-seven million eight hundred  seventy-five  thou-
    37  sand  dollars  for the period January first, two thousand eleven through
    38  March thirty-first, two thousand eleven;
    39    (J) six hundred twenty-eight million four hundred thousand dollars for
    40  the period April first, two thousand eleven through March  thirty-first,
    41  two thousand twelve;
    42    (K)  six  hundred  fifty million four hundred thousand dollars for the
    43  period April first, two thousand twelve through March thirty-first,  two
    44  thousand thirteen;
    45    (L)  six  hundred  fifty million four hundred thousand dollars for the
    46  period April first, two thousand thirteen  through  March  thirty-first,
    47  two thousand fourteen; and
    48    (M)  up to three hundred ten million five hundred ninety-five thousand
    49  dollars for the period April first, two thousand fourteen through  March
    50  thirty-first, two thousand fifteen.
    51    (nn)  Funds  shall  be  deposited  by the commissioner, within amounts
    52  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    53  directed  to  receive  for  deposit  to  the credit of the state special
    54  revenue fund - other, HCRA transfer fund, health care services  account,
    55  or  any  successor  fund  or account, for purposes related to adult home
    56  initiatives for medicaid eligible residents  of  residential  facilities

        S. 4007--C                         78                         A. 3007--C
 
     1  licensed pursuant to section four hundred sixty-b of the social services
     2  law  from the tobacco control and insurance initiatives pool established
     3  for the following periods in the following amounts:
     4    (i) up to four million dollars for the period January first, two thou-
     5  sand three through December thirty-first, two thousand three;
     6    (ii) up to six million dollars for the period January first, two thou-
     7  sand four through December thirty-first, two thousand four;
     8    (iii)  up  to  eight million dollars for the period January first, two
     9  thousand  five  through  December  thirty-first,  two   thousand   five,
    10  provided,  however,  that  up to five million two hundred fifty thousand
    11  dollars of such funds shall be received by the comptroller and deposited
    12  to the credit of the special revenue fund - other / aid  to  localities,
    13  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    14  any successor fund or account, for the purposes set forth in this  para-
    15  graph;
    16    (iv)  up  to  eight  million dollars for the period January first, two
    17  thousand six through December thirty-first, two thousand six,  provided,
    18  however,  that  up to five million two hundred fifty thousand dollars of
    19  such funds shall be received by the comptroller  and  deposited  to  the
    20  credit  of  the  special  revenue fund - other / aid to localities, HCRA
    21  transfer fund - 061, enhanced community services account -  05,  or  any
    22  successor fund or account, for the purposes set forth in this paragraph;
    23    (v)  up  to  eight  million  dollars for the period January first, two
    24  thousand  seven  through  December  thirty-first,  two  thousand  seven,
    25  provided,  however,  that  up to five million two hundred fifty thousand
    26  dollars of such funds shall be received by the comptroller and deposited
    27  to the credit of the special revenue fund - other / aid  to  localities,
    28  HCRA  transfer  fund - 061, enhanced community services account - 05, or
    29  any successor fund or account, for the purposes set forth in this  para-
    30  graph;
    31    (vi)  up  to  two million seven hundred fifty thousand dollars for the
    32  period January first, two thousand eight through December  thirty-first,
    33  two thousand eight;
    34    (vii)  up  to two million seven hundred fifty thousand dollars for the
    35  period January first, two thousand nine through  December  thirty-first,
    36  two thousand nine;
    37    (viii)  up to two million seven hundred fifty thousand dollars for the
    38  period January first, two thousand ten  through  December  thirty-first,
    39  two thousand ten; and
    40    (ix)  up  to  six hundred eighty-eight thousand dollars for the period
    41  January first, two thousand eleven through March thirty-first, two thou-
    42  sand eleven.
    43    (oo) Funds shall be reserved and accumulated from  year  to  year  and
    44  shall  be  available, including income from invested funds, for purposes
    45  of grants to non-public general hospitals pursuant to paragraph  (e)  of
    46  subdivision  twenty-five of section twenty-eight hundred seven-c of this
    47  article from the tobacco control and insurance initiatives  pool  estab-
    48  lished for the following periods in the following amounts:
    49    (i)  up  to five million dollars on an annualized basis for the period
    50  January first, two thousand  four  through  December  thirty-first,  two
    51  thousand four;
    52    (ii)  up  to  five  million  dollars for the period January first, two
    53  thousand five through December thirty-first, two thousand five;
    54    (iii) up to five million dollars for the  period  January  first,  two
    55  thousand six through December thirty-first, two thousand six;

        S. 4007--C                         79                         A. 3007--C
 
     1    (iv)  up  to  five  million  dollars for the period January first, two
     2  thousand seven through December thirty-first, two thousand seven;
     3    (v) up to five million dollars for the period January first, two thou-
     4  sand eight through December thirty-first, two thousand eight;
     5    (vi)  up  to  five  million  dollars for the period January first, two
     6  thousand nine through December thirty-first, two thousand nine;
     7    (vii) up to five million dollars for the  period  January  first,  two
     8  thousand ten through December thirty-first, two thousand ten; and
     9    (viii)  up  to  one million two hundred fifty thousand dollars for the
    10  period January first, two thousand eleven  through  March  thirty-first,
    11  two thousand eleven.
    12    (pp)  Funds  shall  be  reserved and accumulated from year to year and
    13  shall be available,  including  income  from  invested  funds,  for  the
    14  purpose  of  supporting  the provision of tax credits for long term care
    15  insurance pursuant to subdivision one of section one hundred  ninety  of
    16  the  tax  law,  paragraph  (a)  of  subdivision  fourteen of section two
    17  hundred ten-B of such law, subsection (aa) of section six hundred six of
    18  such law and paragraph one of subdivision (m) of section fifteen hundred
    19  eleven of such law, in the following amounts:
    20    (i) ten million dollars for the period  January  first,  two  thousand
    21  four through December thirty-first, two thousand four;
    22    (ii)  ten  million  dollars for the period January first, two thousand
    23  five through December thirty-first, two thousand five;
    24    (iii) ten million dollars for the period January first,  two  thousand
    25  six through December thirty-first, two thousand six; and
    26    (iv)  five  million dollars for the period January first, two thousand
    27  seven through June thirtieth, two thousand seven.
    28    (qq) Funds shall be reserved and accumulated from  year  to  year  and
    29  shall  be  available,  including  income  from  invested  funds, for the
    30  purpose  of  supporting  the  long-term  care  insurance  education  and
    31  outreach program established pursuant to section two hundred seventeen-a
    32  of the elder law for the following periods in the following amounts:
    33    (i) up to five million dollars for the period January first, two thou-
    34  sand  four  through  December  thirty-first,  two thousand four; of such
    35  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    36  available  to the department for the purpose of developing, implementing
    37  and administering the long-term care insurance  education  and  outreach
    38  program  and  three million fifty thousand dollars shall be deposited by
    39  the commissioner, within amounts appropriated, and  the  comptroller  is
    40  hereby  authorized  and directed to receive for deposit to the credit of
    41  the special revenue funds - other, HCRA transfer fund,  long  term  care
    42  insurance  resource  center account of the state office for the aging or
    43  any future account designated for the purpose of implementing  the  long
    44  term  care  insurance  education  and outreach program and providing the
    45  long term care insurance resource centers with the  necessary  resources
    46  to carry out their operations;
    47    (ii)  up  to  five  million  dollars for the period January first, two
    48  thousand five through December thirty-first, two thousand five; of  such
    49  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    50  available to the department for the purpose of developing,  implementing
    51  and  administering  the  long-term care insurance education and outreach
    52  program and three million fifty thousand dollars shall be  deposited  by
    53  the  commissioner,  within  amounts appropriated, and the comptroller is
    54  hereby authorized and directed to receive for deposit to the  credit  of
    55  the  special  revenue  funds - other, HCRA transfer fund, long term care
    56  insurance resource center account of the state office for the  aging  or

        S. 4007--C                         80                         A. 3007--C
 
     1  any  future  account designated for the purpose of implementing the long
     2  term care insurance education and outreach  program  and  providing  the
     3  long  term  care insurance resource centers with the necessary resources
     4  to carry out their operations;
     5    (iii)  up  to  five  million dollars for the period January first, two
     6  thousand six through December thirty-first, two thousand  six;  of  such
     7  funds  one  million  nine  hundred  fifty thousand dollars shall be made
     8  available to the department for the purpose of developing,  implementing
     9  and  administering  the  long-term care insurance education and outreach
    10  program and three million fifty thousand dollars shall be made available
    11  to the office for the aging for the purpose of providing the  long  term
    12  care  insurance  resource  centers with the necessary resources to carry
    13  out their operations;
    14    (iv) up to five million dollars for  the  period  January  first,  two
    15  thousand  seven  through  December  thirty-first, two thousand seven; of
    16  such funds one million nine hundred fifty thousand dollars shall be made
    17  available to the department for the purpose of developing,  implementing
    18  and  administering  the  long-term care insurance education and outreach
    19  program and three million fifty thousand dollars shall be made available
    20  to the office for the aging for the purpose of providing the  long  term
    21  care  insurance  resource  centers with the necessary resources to carry
    22  out their operations;
    23    (v) up to five million dollars for the period January first, two thou-
    24  sand eight through December thirty-first, two thousand  eight;  of  such
    25  funds  one  million  nine  hundred  fifty thousand dollars shall be made
    26  available to the department for the purpose of developing,  implementing
    27  and  administering  the  long term care insurance education and outreach
    28  program and three million fifty thousand dollars shall be made available
    29  to the office for the aging for the purpose of providing the  long  term
    30  care  insurance  resource  centers with the necessary resources to carry
    31  out their operations;
    32    (vi) up to five million dollars for  the  period  January  first,  two
    33  thousand  nine through December thirty-first, two thousand nine; of such
    34  funds one million nine hundred fifty  thousand  dollars  shall  be  made
    35  available  to the department for the purpose of developing, implementing
    36  and administering the long-term care insurance  education  and  outreach
    37  program and three million fifty thousand dollars shall be made available
    38  to  the  office for the aging for the purpose of providing the long-term
    39  care insurance resource centers with the necessary  resources  to  carry
    40  out their operations;
    41    (vii)  up to four hundred eighty-eight thousand dollars for the period
    42  January first, two thousand ten through March thirty-first, two thousand
    43  ten; of such funds four hundred eighty-eight thousand dollars  shall  be
    44  made  available  to the department for the purpose of developing, imple-
    45  menting and administering the long-term  care  insurance  education  and
    46  outreach program.
    47    (rr)  Funds shall be reserved and accumulated from the tobacco control
    48  and insurance initiatives pool and shall be available, including  income
    49  from  invested  funds, for the purpose of supporting expenses related to
    50  implementation of the provisions of title three of article twenty-nine-D
    51  of this chapter, for the following periods and in the following amounts:
    52    (i) up to ten million dollars for the period January first, two  thou-
    53  sand six through December thirty-first, two thousand six;
    54    (ii) up to ten million dollars for the period January first, two thou-
    55  sand seven through December thirty-first, two thousand seven;

        S. 4007--C                         81                         A. 3007--C
 
     1    (iii)  up  to  ten  million  dollars for the period January first, two
     2  thousand eight through December thirty-first, two thousand eight;
     3    (iv) up to ten million dollars for the period January first, two thou-
     4  sand nine through December thirty-first, two thousand nine;
     5    (v)  up to ten million dollars for the period January first, two thou-
     6  sand ten through December thirty-first, two thousand ten; and
     7    (vi) up to two million five hundred thousand dollars  for  the  period
     8  January first, two thousand eleven through March thirty-first, two thou-
     9  sand eleven.
    10    (ss)  Funds shall be reserved and accumulated from the tobacco control
    11  and insurance initiatives pool and used for a health care  stabilization
    12  program  established by the commissioner for the purposes of stabilizing
    13  critical health care providers and health care programs whose ability to
    14  continue to provide appropriate services are threatened by financial  or
    15  other  challenges,  in  the amount of up to twenty-eight million dollars
    16  for the period July first, two thousand four through June thirtieth, two
    17  thousand five. Notwithstanding the provisions  of  section  one  hundred
    18  twelve  of  the state finance law or any other inconsistent provision of
    19  the state finance law or any other law, funds available for distribution
    20  pursuant to this paragraph may  be  allocated  and  distributed  by  the
    21  commissioner,  or  the state comptroller as applicable without a compet-
    22  itive bid or request for proposal process. Considerations relied upon by
    23  the commissioner in determining the allocation and distribution of these
    24  funds shall include, but not be  limited  to,  the  following:  (i)  the
    25  importance  of  the  provider or program in meeting critical health care
    26  needs in the community in  which  it  operates;  (ii)  the  provider  or
    27  program provision of care to under-served populations; (iii) the quality
    28  of the care or services the provider or program delivers; (iv) the abil-
    29  ity  of  the  provider  or program to continue to deliver an appropriate
    30  level of care or services if additional funding is made  available;  (v)
    31  the  ability  of  the provider or program to access, in a timely manner,
    32  alternative sources of funding, including other  sources  of  government
    33  funding; (vi) the ability of other providers or programs in the communi-
    34  ty  to  meet the community health care needs; (vii) whether the provider
    35  or program has an appropriate plan to improve its  financial  condition;
    36  and  (viii)  whether  additional  funding  would  permit the provider or
    37  program to consolidate, relocate, or close programs  or  services  where
    38  such  actions  would  result  in greater stability and efficiency in the
    39  delivery of needed health care services or programs.
    40    (tt) Funds shall be reserved and accumulated from  year  to  year  and
    41  shall  be  available, including income from invested funds, for purposes
    42  of providing grants  for  two  long  term  care  demonstration  projects
    43  designed  to test new models for the delivery of long term care services
    44  established pursuant to section twenty-eight  hundred  seven-x  of  this
    45  chapter, for the following periods and in the following amounts:
    46    (i)  up to five hundred thousand dollars for the period January first,
    47  two thousand four through December thirty-first, two thousand four;
    48    (ii) up to five hundred thousand dollars for the period January first,
    49  two thousand five through December thirty-first, two thousand five;
    50    (iii) up to five hundred  thousand  dollars  for  the  period  January
    51  first, two thousand six through December thirty-first, two thousand six;
    52    (iv) up to one million dollars for the period January first, two thou-
    53  sand seven through December thirty-first, two thousand seven; and
    54    (v)  up  to  two hundred fifty thousand dollars for the period January
    55  first, two thousand  eight  through  March  thirty-first,  two  thousand
    56  eight.

        S. 4007--C                         82                         A. 3007--C
 
     1    (uu)  Funds  shall  be  reserved and accumulated from year to year and
     2  shall be available,  including  income  from  invested  funds,  for  the
     3  purpose  of supporting disease management and telemedicine demonstration
     4  programs authorized pursuant to section  twenty-one  hundred  eleven  of
     5  this chapter for the following periods in the following amounts:
     6    (i)  five  million  dollars for the period January first, two thousand
     7  four through December thirty-first, two thousand four,  of  which  three
     8  million  dollars shall be available for disease management demonstration
     9  programs and two million dollars shall  be  available  for  telemedicine
    10  demonstration programs;
    11    (ii)  five  million dollars for the period January first, two thousand
    12  five through December thirty-first, two thousand five,  of  which  three
    13  million  dollars shall be available for disease management demonstration
    14  programs and two million dollars shall  be  available  for  telemedicine
    15  demonstration programs;
    16    (iii)  nine million five hundred thousand dollars for the period Janu-
    17  ary first, two thousand six through December thirty-first, two  thousand
    18  six,  of  which  seven  million  five  hundred thousand dollars shall be
    19  available for disease management demonstration programs and two  million
    20  dollars shall be available for telemedicine demonstration programs;
    21    (iv) nine million five hundred thousand dollars for the period January
    22  first,  two  thousand  seven through December thirty-first, two thousand
    23  seven, of which seven million five hundred  thousand  dollars  shall  be
    24  available  for disease management demonstration programs and one million
    25  dollars shall be available for telemedicine demonstration programs;
    26    (v) nine million five hundred thousand dollars for the period  January
    27  first,  two  thousand  eight through December thirty-first, two thousand
    28  eight, of which seven million five hundred  thousand  dollars  shall  be
    29  available  for disease management demonstration programs and two million
    30  dollars shall be available for telemedicine demonstration programs;
    31    (vi) seven million eight hundred thirty-three thousand  three  hundred
    32  thirty-three  dollars  for  the  period January first, two thousand nine
    33  through December thirty-first, two thousand nine, of which seven million
    34  five hundred thousand dollars shall be available for disease  management
    35  demonstration  programs  and  three  hundred thirty-three thousand three
    36  hundred thirty-three dollars shall be available for telemedicine  demon-
    37  stration  programs  for  the  period  January  first,  two thousand nine
    38  through March first, two thousand nine;
    39    (vii) one million eight hundred seventy-five thousand dollars for  the
    40  period  January  first, two thousand ten through March thirty-first, two
    41  thousand ten shall be available  for  disease  management  demonstration
    42  programs.
    43    (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
    44  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    45  directed  to  receive for the deposit to the credit of the state special
    46  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    47  or  any  successor  fund  or  account, for purposes of funding the state
    48  share of the  general  hospital  rates  increases  for  recruitment  and
    49  retention  of  health care workers pursuant to paragraph (e) of subdivi-
    50  sion thirty of section twenty-eight hundred seven-c of this article from
    51  the tobacco control and insurance initiatives pool established  for  the
    52  following periods in the following amounts:
    53    (i) sixty million five hundred thousand dollars for the period January
    54  first,  two  thousand  five  through December thirty-first, two thousand
    55  five; and

        S. 4007--C                         83                         A. 3007--C

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

        S. 4007--C                         84                         A. 3007--C
 
     1    (iii) one hundred seventy-one million dollars for the  period  January
     2  first,  two  thousand  seven through December thirty-first, two thousand
     3  seven, provided, however, that within amounts appropriated  in  the  two
     4  thousand  six through two thousand seven state fiscal year, a portion of
     5  such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
     6  Corporation to fund capital costs;
     7    (iv) one hundred seventy-one million five hundred thousand dollars for
     8  the period January first, two thousand eight  through  December  thirty-
     9  first, two thousand eight;
    10    (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
    11  dollars for the period January first, two thousand nine through December
    12  thirty-first, two thousand nine;
    13    (vi) one hundred thirty-one million three hundred  seventy-five  thou-
    14  sand  dollars  for  the  period  January first, two thousand ten through
    15  December thirty-first, two thousand ten;
    16    (vii) thirty-four million two hundred fifty thousand dollars  for  the
    17  period  January  first,  two thousand eleven through March thirty-first,
    18  two thousand eleven;
    19    (viii) four hundred thirty-three million three hundred sixty-six thou-
    20  sand dollars for the period April first,  two  thousand  eleven  through
    21  March thirty-first, two thousand twelve;
    22    (ix)  one hundred fifty million eight hundred six thousand dollars for
    23  the period April first, two thousand twelve through March  thirty-first,
    24  two thousand thirteen;
    25    (x)  seventy-eight million seventy-one thousand dollars for the period
    26  April first, two thousand thirteen through March thirty-first, two thou-
    27  sand fourteen.
    28    (aaa) Funds shall be reserved and accumulated from year  to  year  and
    29  shall  be  available, including income from invested funds, for services
    30  and expenses related to school based health centers, in an amount up  to
    31  three  million five hundred thousand dollars for the period April first,
    32  two thousand six through March thirty-first, two thousand seven,  up  to
    33  three  million five hundred thousand dollars for the period April first,
    34  two thousand seven through March thirty-first, two thousand eight, up to
    35  three million five hundred thousand dollars for the period April  first,
    36  two  thousand eight through March thirty-first, two thousand nine, up to
    37  three million five hundred thousand dollars for the period April  first,
    38  two  thousand  nine  through March thirty-first, two thousand ten, up to
    39  three million five hundred thousand dollars for the period April  first,
    40  two  thousand ten through March thirty-first, two thousand eleven, up to
    41  two million eight hundred thousand dollars each state  fiscal  year  for
    42  the  period April first, two thousand eleven through March thirty-first,
    43  two thousand fourteen, up to two million six hundred forty-four thousand
    44  dollars each state fiscal year for the period April first, two  thousand
    45  fourteen  through  March thirty-first, two thousand seventeen, up to two
    46  million six hundred forty-four thousand dollars each state  fiscal  year
    47  for  the  period April first, two thousand seventeen through March thir-
    48  ty-first, two thousand twenty, [and]  up  to  two  million  six  hundred
    49  forty-four  thousand dollars each state fiscal year for the period April
    50  first, two thousand twenty  through  March  thirty-first,  two  thousand
    51  twenty-three,  and  up  to  two  million six hundred forty-four thousand
    52  dollars each state fiscal year for the period April first, two  thousand
    53  twenty-three  through  March thirty-first, two thousand twenty-six.  The
    54  total amount of funds provided herein shall  be  distributed  as  grants
    55  based  on the ratio of each provider's total enrollment for all sites to

        S. 4007--C                         85                         A. 3007--C
 
     1  the total enrollment of all providers. This formula shall be applied  to
     2  the total amount provided herein.
     3    (bbb)  Funds  shall  be reserved and accumulated from year to year and
     4  shall be available, including income from invested funds,  for  purposes
     5  of  awarding  grants  to  operators  of  adult  homes,  enriched housing
     6  programs and residences through the enhancing abilities and life experi-
     7  ence (EnAbLe) program to provide for  the  installation,  operation  and
     8  maintenance  of air conditioning in resident rooms, consistent with this
     9  paragraph, in an amount up to two million dollars for the  period  April
    10  first,  two thousand six through March thirty-first, two thousand seven,
    11  up to three million eight hundred thousand dollars for the period  April
    12  first,  two  thousand  seven  through  March  thirty-first, two thousand
    13  eight, up to three million eight hundred thousand dollars for the period
    14  April first, two thousand eight through March thirty-first, two thousand
    15  nine, up to three million eight hundred thousand dollars for the  period
    16  April  first, two thousand nine through March thirty-first, two thousand
    17  ten, and up to three million eight  hundred  thousand  dollars  for  the
    18  period  April  first,  two  thousand ten through March thirty-first, two
    19  thousand eleven. Residents shall not be charged utility cost for the use
    20  of air conditioners supplied under the  EnAbLe  program.  All  such  air
    21  conditioners must be operated in occupied resident rooms consistent with
    22  requirements applicable to common areas.
    23    (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
    24  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    25  directed  to  receive for the deposit to the credit of the state special
    26  revenue funds - other, HCRA transfer fund, medical  assistance  account,
    27  or  any  successor  fund  or  account, for purposes of funding the state
    28  share of increases in the rates for certified home health agencies, long
    29  term home  health  care  programs,  AIDS  home  care  programs,  hospice
    30  programs and managed long term care plans and approved managed long term
    31  care  operating  demonstrations as defined in section forty-four hundred
    32  three-f of this chapter for recruitment and  retention  of  health  care
    33  workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
    34  hundred fourteen of this chapter from the tobacco control and  insurance
    35  initiatives  pool established for the following periods in the following
    36  amounts:
    37    (i) twenty-five million dollars for the period June first,  two  thou-
    38  sand six through December thirty-first, two thousand six;
    39    (ii)  fifty million dollars for the period January first, two thousand
    40  seven through December thirty-first, two thousand seven;
    41    (iii) fifty million dollars for the period January first, two thousand
    42  eight through December thirty-first, two thousand eight;
    43    (iv) fifty million dollars for the period January first, two  thousand
    44  nine through December thirty-first, two thousand nine;
    45    (v)  fifty  million dollars for the period January first, two thousand
    46  ten through December thirty-first, two thousand ten;
    47    (vi) twelve million five hundred thousand dollars for the period Janu-
    48  ary first, two thousand eleven through March thirty-first, two  thousand
    49  eleven;
    50    (vii) up to fifty million dollars each state fiscal year for the peri-
    51  od  April  first,  two  thousand  eleven through March thirty-first, two
    52  thousand fourteen;
    53    (viii) up to fifty million dollars each  state  fiscal  year  for  the
    54  period  April  first,  two thousand fourteen through March thirty-first,
    55  two thousand seventeen;

        S. 4007--C                         86                         A. 3007--C
 
     1    (ix) up to fifty million dollars each state fiscal year for the period
     2  April first, two thousand  seventeen  through  March  thirty-first,  two
     3  thousand twenty; [and]
     4    (x)  up to fifty million dollars each state fiscal year for the period
     5  April first, two thousand twenty through March thirty-first,  two  thou-
     6  sand twenty-three; and
     7    (xi) up to fifty million dollars each state fiscal year for the period
     8  April  first,  two thousand twenty-three through March thirty-first, two
     9  thousand twenty-six.
    10    (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
    11  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    12  directed to receive for the deposit to the credit of the  state  special
    13  revenue  funds  - other, HCRA transfer fund, medical assistance account,
    14  or any successor fund or account, for  purposes  of  funding  the  state
    15  share  of  increases  in  the medical assistance rates for providers for
    16  purposes of enhancing the provision, quality and/or efficiency  of  home
    17  care  services  pursuant  to  subdivision  eleven  of section thirty-six
    18  hundred fourteen of this chapter from the tobacco control and  insurance
    19  initiatives  pool  established for the following period in the amount of
    20  eight million dollars for the  period  April  first,  two  thousand  six
    21  through December thirty-first, two thousand six.
    22    (eee)  Funds  shall  be reserved and accumulated from year to year and
    23  shall be available, including income from invested funds, to the  Center
    24  for  Functional  Genomics at the State University of New York at Albany,
    25  for the purposes of the Adirondack  network  for  cancer  education  and
    26  research  in rural communities grant program to improve access to health
    27  care and shall be made available from the tobacco control and  insurance
    28  initiatives  pool  established for the following period in the amount of
    29  up to five million dollars for the period January  first,  two  thousand
    30  six through December thirty-first, two thousand six.
    31    (fff)  Funds  shall  be  made  available to the empire state stem cell
    32  trust fund established by section ninety-nine-p of the state finance law
    33  within amounts appropriated up to fifty  million  dollars  annually  and
    34  shall not exceed five hundred million dollars in total.
    35    (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
    36  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    37  directed  to  receive  for  deposit  to  the credit of the state special
    38  revenue fund - other, HCRA transfer fund, medical assistance account, or
    39  any successor fund or account, for the purpose of supporting  the  state
    40  share  of  Medicaid  expenditures  for  hospital translation services as
    41  authorized pursuant to paragraph (k) of subdivision one of section twen-
    42  ty-eight hundred seven-c of this article from the  tobacco  control  and
    43  initiatives  pool established for the following periods in the following
    44  amounts:
    45    (i) sixteen million dollars for the period July  first,  two  thousand
    46  eight through December thirty-first, two thousand eight; and
    47    (ii)  fourteen  million  seven hundred thousand dollars for the period
    48  January first, two thousand nine through November thirtieth,  two  thou-
    49  sand nine.
    50    (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
    51  appropriated,  and  the  state  comptroller  is  hereby  authorized  and
    52  directed  to  receive  for  deposit  to  the credit of the state special
    53  revenue fund - other, HCRA transfer fund, medical assistance account, or
    54  any successor fund or account, for the purpose of supporting  the  state
    55  share  of  Medicaid  expenditures  for adjustments to inpatient rates of
    56  payment for general hospitals located in  the  counties  of  Nassau  and

        S. 4007--C                         87                         A. 3007--C
 
     1  Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
     2  section twenty-eight hundred seven-c of this article  from  the  tobacco
     3  control  and  initiatives  pool established for the following periods in
     4  the following amounts:
     5    (i)  two  million  five  hundred thousand dollars for the period April
     6  first, two thousand eight through December  thirty-first,  two  thousand
     7  eight; and
     8    (ii) two million two hundred ninety-two thousand dollars for the peri-
     9  od  January  first,  two  thousand  nine through November thirtieth, two
    10  thousand nine.
    11    (iii) Funds shall be reserved and set aside and accumulated from  year
    12  to  year  and  shall be made available, including income from investment
    13  funds, for the purpose of supporting the New York state  medical  indem-
    14  nity  fund as authorized pursuant to title four of article twenty-nine-D
    15  of this chapter, for the following periods and in the following amounts,
    16  provided, however, that the commissioner is authorized  to  seek  waiver
    17  authority  from  the  federal  centers for medicare and Medicaid for the
    18  purpose of securing Medicaid federal financial  participation  for  such
    19  program, in which case the funding authorized pursuant to this paragraph
    20  shall be utilized as the non-federal share for such payments:
    21    Thirty million dollars for the period April first, two thousand eleven
    22  through March thirty-first, two thousand twelve.
    23    2.  (a)  For  periods  prior  to January first, two thousand five, the
    24  commissioner is authorized to  contract  with  the  article  forty-three
    25  insurance law plans, or such other contractors as the commissioner shall
    26  designate,  to receive and distribute funds from the tobacco control and
    27  insurance initiatives pool established pursuant to this section. In  the
    28  event  contracts  with  the  article  forty-three insurance law plans or
    29  other commissioner's designees are effectuated, the  commissioner  shall
    30  conduct annual audits of the receipt and distribution of such funds. The
    31  reasonable  costs  and  expenses  of an administrator as approved by the
    32  commissioner, not to exceed for personnel services on  an  annual  basis
    33  five  hundred thousand dollars, for collection and distribution of funds
    34  pursuant to this section shall be paid from such funds.
    35    (b) Notwithstanding any inconsistent provision of section one  hundred
    36  twelve  or one hundred sixty-three of the state finance law or any other
    37  law, at the discretion of the commissioner without a competitive bid  or
    38  request  for proposal process, contracts in effect for administration of
    39  pools established pursuant to  sections  twenty-eight  hundred  seven-k,
    40  twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
    41  article for the  period  January  first,  nineteen  hundred  ninety-nine
    42  through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
    43  extended to provide for administration pursuant to this section and  may
    44  be amended as may be necessary.
    45    §  13.  Paragraph (a) of subdivision 12 of section 367-b of the social
    46  services law, as amended by section 15 of part Y of chapter  56  of  the
    47  laws of 2020, is amended to read as follows:
    48    (a) For the purpose of regulating cash flow for general hospitals, the
    49  department  shall develop and implement a payment methodology to provide
    50  for timely payments for inpatient hospital services  eligible  for  case
    51  based  payments per discharge based on diagnosis-related groups provided
    52  during the period January first, nineteen hundred  eighty-eight  through
    53  March  thirty-first  two  thousand  [twenty-three]  twenty-six,  by such
    54  hospitals which elect to participate in the system.
    55    § 14. Paragraph (r) of subdivision 9 of section  3614  of  the  public
    56  health  law,  as added by section 16 of part Y of chapter 56 of the laws

        S. 4007--C                         88                         A. 3007--C
 
     1  of 2020, is amended and three new paragraphs (s), (t) and (u) are  added
     2  to read as follows:
     3    (r)  for the period April first, two thousand twenty-two through March
     4  thirty-first, two thousand  twenty-three,  up  to  one  hundred  million
     5  dollars[.];
     6    (s)  for  the  period  April  first, two thousand twenty-three through
     7  March thirty-first, two thousand twenty-four, up to one hundred  million
     8  dollars;
     9    (t) for the period April first, two thousand twenty-four through March
    10  thirty-first,  two  thousand  twenty-five,  up  to  one  hundred million
    11  dollars;
    12    (u) for the period April first, two thousand twenty-five through March
    13  thirty-first,  two  thousand  twenty-six,  up  to  one  hundred  million
    14  dollars.
    15    §  15.  Paragraph  (v) of subdivision 1 of section 367-q of the social
    16  services law, as added by section 17 of part Y of chapter 56 of the laws
    17  of 2020, is amended and three new paragraphs (w), (x) and (y) are  added
    18  to read as follows:
    19    (v)  for the period April first, two thousand twenty-two through March
    20  thirty-first, two thousand twenty-three, up to twenty-eight million five
    21  hundred thousand dollars[.];
    22    (w) for the period April  first,  two  thousand  twenty-three  through
    23  March thirty-first, two thousand twenty-four, up to twenty-eight million
    24  five hundred thousand dollars;
    25    (x) for the period April first, two thousand twenty-four through March
    26  thirty-first,  two thousand twenty-five, up to twenty-eight million five
    27  hundred thousand dollars;
    28    (y) for the period April first, two thousand twenty-five through March
    29  thirty-first, two thousand twenty-six, up to twenty-eight  million  five
    30  hundred thousand dollars.
    31    §  16. This act shall take effect April 1, 2023; provided, however, if
    32  this act shall become a law after such date it shall take  effect  imme-
    33  diately and shall be deemed to have been in full force and effect on and
    34  after April 1, 2023; and further provided, that:
    35    (a)  the amendments to sections 2807-j and 2807-s of the public health
    36  law made by sections two, eight, nine, and ten of  this  act  shall  not
    37  affect the expiration of such sections and shall expire therewith;
    38    (b)  the  amendments  to subdivision 6 of section 2807-t of the public
    39  health law made by section eleven of this act shall not affect the expi-
    40  ration of such section and shall be deemed to expire therewith; and
    41    (c) the amendments to paragraph (i-1)  of  subdivision  1  of  section
    42  2807-v of the public health law made by section twelve of this act shall
    43  not  affect  the  repeal  of such paragraph and shall be deemed repealed
    44  therewith.
 
    45                                   PART D
 
    46                            Intentionally Omitted
 
    47                                   PART E
 
    48    Section 1.  Subdivision 5-d of section 2807-k  of  the  public  health
    49  law,  as  amended  by  section 3 of part KK of chapter 56 of the laws of
    50  2020, is amended to read as follows:

        S. 4007--C                         89                         A. 3007--C
 
     1    5-d. (a) Notwithstanding any inconsistent provision of  this  section,
     2  section  twenty-eight  hundred  seven-w  of  this  article  or any other
     3  contrary provision of law, and subject to the  availability  of  federal
     4  financial  participation,  for  periods  on and after January first, two
     5  thousand twenty, through March thirty-first, two thousand [twenty-three]
     6  twenty-six,  all  funds  available  for  distribution  pursuant  to this
     7  section, except for funds distributed pursuant to [subparagraph (v)  of]
     8  paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
     9  available for distribution  pursuant  to  section  twenty-eight  hundred
    10  seven-w of this article, shall be reserved and set aside and distributed
    11  in accordance with the provisions of this subdivision.
    12    (b)  The commissioner shall promulgate regulations, and may promulgate
    13  emergency regulations, establishing methodologies for  the  distribution
    14  of  funds  as  described  in  paragraph (a) of this subdivision and such
    15  regulations shall include, but not be limited to, the following:
    16    (i) Such regulations shall  establish  methodologies  for  determining
    17  each  facility's  relative uncompensated care need amount based on unin-
    18  sured inpatient and outpatient units of service from the cost  reporting
    19  year  two years prior to the distribution year, multiplied by the appli-
    20  cable medicaid rates in effect January first of the  distribution  year,
    21  as summed and adjusted by a statewide cost adjustment factor and reduced
    22  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
    23  patients, and as further adjusted  by  application  of  a  nominal  need
    24  computation  that shall take into account each facility's medicaid inpa-
    25  tient share.
    26    (ii) Annual distributions pursuant to such  regulations  for  the  two
    27  thousand  twenty  through two thousand [twenty-two] twenty-five calendar
    28  years shall be in accord with the following:
    29    (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
    30  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
    31  payments to major public general hospitals; and
    32    (B)  nine  hundred sixty-nine million nine hundred thousand dollars as
    33  Medicaid DSH payments to eligible general hospitals,  other  than  major
    34  public general hospitals.
    35    For  the calendar years two thousand twenty through two thousand twen-
    36  ty-two, the total distributions to  eligible  general  hospitals,  other
    37  than  major  public  general hospitals, shall be subject to an aggregate
    38  reduction of one hundred fifty million dollars annually,  provided  that
    39  eligible  general  hospitals, other than major public general hospitals,
    40  that qualify as enhanced safety net hospitals under section two thousand
    41  eight hundred seven-c of this article  shall  not  be  subject  to  such
    42  reduction.
    43    For  the calendar years two thousand twenty-three through two thousand
    44  twenty-five, the total  distributions  to  eligible  general  hospitals,
    45  other than major public general hospitals, shall be subject to an aggre-
    46  gate  reduction of two hundred thirty-five million four hundred thousand
    47  dollars annually, provided that eligible general hospitals,  other  than
    48  major  public  general  hospitals  that  qualify  as enhanced safety net
    49  hospitals under section two thousand eight hundred seven-c of this arti-
    50  cle as of April first, two thousand twenty, shall not be subject to such
    51  reduction.
    52    Such [reduction] reductions shall be determined by a methodology to be
    53  established by the commissioner. Such  [methodology]  methodologies  may
    54  take  into  account  the  payor mix of each non-public general hospital,
    55  including the percentage of inpatient days paid by Medicaid.

        S. 4007--C                         90                         A. 3007--C
 
     1    (iii) For calendar years two  thousand  twenty  through  two  thousand
     2  [twenty-two]   twenty-five,  sixty-four  million  six  hundred  thousand
     3  dollars shall be distributed to eligible general hospitals,  other  than
     4  major  public general hospitals, that experience a reduction in indigent
     5  care  pool  payments  pursuant  to this subdivision, and that qualify as
     6  enhanced safety net hospitals under section two thousand  eight  hundred
     7  seven-c  of  this  article  as of April first, two thousand twenty. Such
     8  distribution shall be established pursuant to regulations promulgated by
     9  the commissioner and shall be proportional to the reduction  experienced
    10  by the facility.
    11    (iv) Such regulations shall reserve one percent of the funds available
    12  for  distribution  in the two thousand fourteen and two thousand fifteen
    13  calendar years, and for calendar  years  thereafter,  pursuant  to  this
    14  subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
    15  seven-c of this article, and sections two hundred eleven and two hundred
    16  twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
    17  hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
    18  shall establish methodologies for the distribution of such pool funds to
    19  facilities based on their level of  compliance,  as  determined  by  the
    20  commissioner, with the provisions of subdivision nine-a of this section.
    21    (c)  The  commissioner  shall  annually report to the governor and the
    22  legislature on the distribution of funds under this subdivision  includ-
    23  ing, but not limited to:
    24    (i) the impact on safety net providers, including community providers,
    25  rural general hospitals and major public general hospitals;
    26    (ii)  the  provision  of  indigent care by units of services and funds
    27  distributed by general hospitals; and
    28    (iii) the extent to which access to care has been enhanced.
    29    § 2. Subdivision 1 of section  2801  of  the  public  health  law,  as
    30  amended  by  section  1  of part Z of chapter 57 of the laws of 2019, is
    31  amended to read as follows:
    32    1. "Hospital" means a facility or institution engaged  principally  in
    33  providing services by or under the supervision of a physician or, in the
    34  case  of  a dental clinic or dental dispensary, of a dentist, or, in the
    35  case of a midwifery birth center, of  a  midwife,  for  the  prevention,
    36  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
    37  physical condition, including, but not limited to, a  general  hospital,
    38  public health center, diagnostic center, treatment center, a rural emer-
    39  gency  hospital under 42 USC 1395x(kkk), or successor provisions, dental
    40  clinic, dental dispensary, rehabilitation center other than  a  facility
    41  used  solely  for  vocational rehabilitation, nursing home, tuberculosis
    42  hospital, chronic disease hospital, maternity hospital, midwifery  birth
    43  center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
    44  dispensary and a laboratory or central service facility serving  one  or
    45  more  such  institutions,  but  the  term  hospital shall not include an
    46  institution, sanitarium or other facility engaged principally in provid-
    47  ing services for the prevention, diagnosis or treatment of mental  disa-
    48  bility  and  which  is subject to the powers of visitation, examination,
    49  inspection and investigation of the department of mental hygiene  except
    50  for  those  distinct  parts  of  such  a facility which provide hospital
    51  service. The provisions of this article shall not apply to a facility or
    52  institution engaged principally in providing services by  or  under  the
    53  supervision of the bona fide members and adherents of a recognized reli-
    54  gious  organization  whose teachings include reliance on spiritual means
    55  through prayer alone for healing in the practice of the religion of such
    56  organization and where services are provided in  accordance  with  those

        S. 4007--C                         91                         A. 3007--C
 
     1  teachings.  No  provision  of this article or any other provision of law
     2  shall be construed to: (a) limit the volume of mental health,  substance
     3  use  disorder  services or developmental disability services that can be
     4  provided  by  a  provider  of  primary care services licensed under this
     5  article and authorized to provide integrated services in accordance with
     6  regulations issued by the commissioner in consultation with the  commis-
     7  sioner of the office of mental health, the commissioner of the office of
     8  alcoholism  and  substance  abuse  services  and the commissioner of the
     9  office for people with developmental disabilities, including regulations
    10  issued pursuant to subdivision seven of  section  three  hundred  sixty-
    11  five-l  of the social services law or part L of chapter fifty-six of the
    12  laws of two thousand twelve; (b) require a provider licensed pursuant to
    13  article thirty-one of the mental hygiene law or  certified  pursuant  to
    14  article  sixteen  or  article  thirty-two  of  the mental hygiene law to
    15  obtain an operating certificate from the department if such provider has
    16  been authorized to provide integrated services in accordance with  regu-
    17  lations issued by the commissioner in consultation with the commissioner
    18  of  the office of mental health, the commissioner of the office of alco-
    19  holism and substance abuse services and the commissioner of  the  office
    20  for people with developmental disabilities, including regulations issued
    21  pursuant  to  subdivision seven of section three hundred sixty-five-l of
    22  the social services law or part L of chapter fifty-six of  the  laws  of
    23  two thousand twelve.
    24    §  3.  Section  2801-g of the public health law is amended by adding a
    25  new subdivision 4 to read as follows:
    26    4. At least thirty days prior to a general hospital  applying  to  the
    27  federal  centers  for  medicare  and medicaid services to convert from a
    28  general hospital with inpatients to a rural emergency hospital under  42
    29  USC  1395x(kkk),  or  successor  provisions,  such hospital shall hold a
    30  public community  forum  for  the  purpose  of  obtaining  public  input
    31  concerning the anticipated impact of the hospital's closure of inpatient
    32  units, including but not limited to, the impact on recipients of medical
    33  assistance  for  needy persons, the uninsured, people with disabilities,
    34  and medically underserved populations,  and  options  and  proposals  to
    35  ameliorate  such  anticipated impact.   The hospital shall notify health
    36  care providers, labor unions, the congressional representative  for  the
    37  district  in  which the facility is located, the county executive of the
    38  county in which the facility is  located,  and  the  state  senator  and
    39  assembly  member  representing  the  area  within  which the facility is
    40  located of the date, time, and location of the  community  forum.    The
    41  hospital  shall  afford all public participants a reasonable opportunity
    42  to speak about relevant matters at such community forum.   Prior to  any
    43  community  forum  and  as  soon  as  practicable,  the hospital shall be
    44  required to:
    45    (a) notify the office of mental  health  and  the  local  director  of
    46  community  services  in  the event such general hospital has psychiatric
    47  inpatient beds licensed under article thirty-one of the  mental  hygiene
    48  law  or  designated  pursuant to section 9.39 of the mental hygiene law,
    49  and
    50    (b) notify the office of addiction services and supports in the  event
    51  such  general  hospital  has  inpatient substance use disorder treatment
    52  programs or inpatient chemical dependence  treatment  programs  licensed
    53  under  article  thirty-two  of the mental hygiene law.  The commissioner
    54  shall also accept comments submitted in writing at such public forum and
    55  by mail within at least two weeks following the community forum.

        S. 4007--C                         92                         A. 3007--C
 
     1    § 4. The opening paragraph and paragraphs (i) and (ii) of  subdivision
     2  (g)  of section 2826 of the public health law, the opening paragraph and
     3  paragraph (i) as amended by section 3 of part M of  chapter  57  of  the
     4  laws of 2022 and paragraph (ii) as added by section 6 of part J of chap-
     5  ter 60 of the laws of 2015, are amended to read as follows:
     6    Notwithstanding  subdivision  (a)  of this section, and within amounts
     7  appropriated for such purposes as described herein, [for the  period  of
     8  April  first,  two  thousand  twenty-two through March thirty-first, two
     9  thousand twenty-three,] the commissioner may award a  temporary  adjust-
    10  ment  to the non-capital components of rates, or make temporary lump-sum
    11  Medicaid payments to eligible facilities [in severe financial  distress]
    12  with serious financial instability and requiring extraordinary financial
    13  assistance  to  enable  such facilities to maintain operations and vital
    14  services while such facilities establish long term solutions to  achieve
    15  sustainable  health  services.  Provided,  however,  the commissioner is
    16  authorized to make such a temporary adjustment or  make  such  temporary
    17  lump sum payment only pursuant to criteria, an application, and an eval-
    18  uation process[, and transformation plan] acceptable to the commissioner
    19  in  consultation  with  the  director of the division of the budget. The
    20  department shall publish on its website the criteria,  application,  and
    21  evaluation process [and guidance for transformation plans] and notifica-
    22  tion of any award recipients.
    23    (i) Eligible facilities shall include:
    24    (A)  a  public hospital, which for purposes of this subdivision, shall
    25  mean a general hospital operated by a county  [or],  municipality[,  but
    26  shall  exclude  any  such  hospital  operated by a public benefit corpo-
    27  ration] or a public benefit corporation;
    28    (B) a federally designated critical access hospital;
    29    (C) a federally designated sole community hospital;
    30    (D) a residential health care facility;
    31    (E) a general hospital that  is  a  safety  net  hospital,  which  for
    32  purpose of this subdivision shall mean:
    33    (1)  such  hospital  has  at  least  thirty  percent  of its inpatient
    34  discharges made up of Medicaid eligible individuals, uninsured  individ-
    35  uals  or  Medicaid dually eligible individuals and with at least thirty-
    36  five percent of its outpatient visits made up of Medicaid eligible indi-
    37  viduals, uninsured individuals or Medicaid dually-eligible  individuals;
    38  or
    39    (2) such hospital serves at least thirty percent of the residents of a
    40  county  or  a  multi-county  area who are Medicaid eligible individuals,
    41  uninsured individuals or Medicaid dually-eligible individuals; or
    42    (3) such hospital that, in the discretion of the commissioner,  serves
    43  a  significant  population  of  Medicaid eligible individuals, uninsured
    44  individuals or Medicaid dually-eligible individuals; or
    45    (F) an independent practice association or accountable care  organiza-
    46  tion authorized under applicable regulations that participate in managed
    47  care  provider  network  arrangements  with any of the provider types in
    48  subparagraphs (A) through (F) of this paragraph; or an entity  that  was
    49  formed  as a preferred provider system pursuant to the  delivery  system
    50  reform  incentive payment (DSRIP) program and collaborated with an inde-
    51  pendent practice association that received VBP innovator status from the
    52  department for purposes of meeting  DSRIP  goals,  and  which  preferred
    53  provider system remains operational as an integrated care system.
    54    (ii) Eligible applicants must demonstrate  that  without  such  award,
    55  they  will  be in [severe financial distress through March thirty-first,
    56  two thousand sixteen] serious financial instability, as evidenced by:

        S. 4007--C                         93                         A. 3007--C
 
     1    (A) certification that such applicant has less than fifteen days  cash
     2  and equivalents;
     3    (B)  such  applicant  has  no  assets that can be monetized other than
     4  those vital to operations; and
     5    (C) such applicant has exhausted all efforts to obtain resources  from
     6  corporate parents and affiliated entities to sustain operations.
     7    §  5. Subparagraphs (A), (E) and (F) of paragraph (iii) of subdivision
     8  (g) of section 2826 of the public health law, as added by section  6  of
     9  part  J  of  chapter  60  of  the  laws  of 2015, are amended to read as
    10  follows:
    11    (A) [Applications under this subdivision]  Eligible  applicants  shall
    12  [include  a  multi-year  transformation  plan  that  is aligned with the
    13  delivery system reform incentive payment  ("DSRIP")  program  goals  and
    14  objectives.  Such plan shall be approved by] submit a completed applica-
    15  tion to the department [and shall demonstrate a path towards  long  term
    16  sustainability and improved patient care].
    17    (E)  The  department shall review all applications under this subdivi-
    18  sion, and [a] determine:
    19    (1) applicant eligibility;
    20    (2) each applicant's projected financial status;
    21    (3) [each applicant's proposed  use  of  funds  to  maintain  critical
    22  services needed by its community] criteria or requirements upon which an
    23  award  of  funds  shall  be  conditioned, such as a transformation plan,
    24  savings plan or quality improvement plan. In the  event  the  department
    25  requires  an  applicant  to  enter  into an agreement or contract with a
    26  vendor or contractor, the department shall approve the  selected  vendor
    27  or  contractor  but  shall not specify the vendor or contractor that the
    28  applicant must utilize; and
    29    (4) the anticipated impact of the loss of such services.
    30    (F) After review of all applications under  this  subdivision,  and  a
    31  determination of the aggregate amount of requested funds, the department
    32  [shall]  may make awards to eligible applicants; provided, however, that
    33  such awards may be in an amount lower than such requested funding, on  a
    34  per applicant or aggregate basis.
    35    §  6.  Paragraph (iv) of subdivision (g) of section 2826 of the public
    36  health law, as added by section 6 of part J of chapter 60 of the laws of
    37  2015, is amended to read as follows:
    38    (iv) Awards under this subdivision may not be used for:
    39    (A) capital expenditures, including, but not limited to: construction,
    40  renovation and acquisition of capital equipment, including major medical
    41  equipment; or
    42    (B) [consultant fees;
    43    (C) retirement of long term debt; or
    44    (D)] bankruptcy-related costs.
    45    § 7. Paragraph (v) of subdivision (g) of section 2826  of  the  public
    46  health law, as added by section 6 of part J of chapter 60 of the laws of
    47  2015, is amended to read as follows:
    48    (v)  Payments made to awardees pursuant to this subdivision [shall be]
    49  that are made on a monthly basis[. Such payments] will be based  on  the
    50  applicant's  actual monthly financial performance during such period and
    51  the reasonable cash amount  necessary  to  sustain  operations  for  the
    52  following  month. The applicant's monthly financial performance shall be
    53  measured by such applicant's monthly  financial  and  activity  reports,
    54  which  shall include, but not be limited to, actual revenue and expenses
    55  for the prior month, projected cash need  for  the  current  month,  and
    56  projected cash need for the following month.

        S. 4007--C                         94                         A. 3007--C
 
     1    §  8. Part I of chapter 57 of the laws of 2022 relating to providing a
     2  one percent across the board payment increase to all qualifying fee-for-
     3  service Medicaid rates, is amended by adding a new section 1-a  to  read
     4  as follows:
     5    §  1-a.  Notwithstanding any provision of law to the contrary, for the
     6  state fiscal years beginning April 1,  2023,  and  thereafter,  Medicaid
     7  payments made for the operating component of hospital inpatient services
     8  shall  be  subject  to  a  uniform  rate  increase of seven and one-half
     9  percent in addition to the increase contained in  section  one  of  this
    10  act,  subject  to  the  approval  of  the commissioner of health and the
    11  director of the budget.   Notwithstanding any provision of  law  to  the
    12  contrary, for the state fiscal years beginning April 1, 2023, and there-
    13  after,  Medicaid  payments  made for the operating component of hospital
    14  outpatient services shall be subject to a uniform rate increase  of  six
    15  and  one-half  percent  in addition to the increase contained in section
    16  one of this act, subject to the approval of the commissioner  of  health
    17  and  the  director of the budget. Such rate increase shall be subject to
    18  federal financial participation.
    19    § 9. This act shall take effect immediately;  provided  that  sections
    20  two and three of this act shall take effect on the sixtieth day after it
    21  shall  have  become  a  law; provided, further, that sections one, four,
    22  five, six, seven and eight of this act shall be deemed to have  been  in
    23  full force and effect on and after April 1, 2023.
 
    24                                   PART F
 
    25    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
    26  of the laws of 1986, amending the civil practice law and rules and other
    27  laws  relating  to  malpractice  and  professional  medical  conduct, as
    28  amended by section 1 of part Z of chapter 57 of the  laws  of  2022,  is
    29  amended to read as follows:
    30    (a)  The  superintendent of financial services and the commissioner of
    31  health or their designee shall, from funds  available  in  the  hospital
    32  excess liability pool created pursuant to subdivision 5 of this section,
    33  purchase  a policy or policies for excess insurance coverage, as author-
    34  ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
    35  law; or from an insurer, other than an insurer described in section 5502
    36  of the insurance law, duly authorized to write such coverage and actual-
    37  ly  writing  medical  malpractice  insurance  in  this  state;  or shall
    38  purchase equivalent excess coverage in a form previously approved by the
    39  superintendent of financial services for purposes  of  providing  equiv-
    40  alent  excess  coverage  in accordance with section 19 of chapter 294 of
    41  the laws of 1985, for medical or dental malpractice occurrences  between
    42  July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
    43  between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
    44  30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
    45  and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
    46  1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
    47  between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
    48  30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
    49  and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
    50  1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
    51  between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
    52  30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
    53  and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
    54  1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,

        S. 4007--C                         95                         A. 3007--C
 
     1  between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
     2  30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
     3  and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
     4  1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
     5  between July 1, 2016 and June 30, 2017, between July 1,  2017  and  June
     6  30,  2018,  between July 1, 2018 and June 30, 2019, between July 1, 2019
     7  and June 30, 2020, between July 1, 2020 and June 30, 2021, between  July
     8  1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023,
     9  and  between  July  1,  2023 and June 30, 2024 or reimburse the hospital
    10  where the hospital purchases equivalent excess coverage  as  defined  in
    11  subparagraph (i) of paragraph (a) of subdivision 1-a of this section for
    12  medical  or dental malpractice occurrences between July 1, 1987 and June
    13  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
    14  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
    15  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
    16  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
    17  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
    18  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
    19  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
    20  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
    21  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
    22  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
    23  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    24  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    25  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    26  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    27  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    28  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    29  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    30  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
    31  1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
    32  between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
    33  June 30, 2023, and between July 1, 2023 and June 30, 2024 for physicians
    34  or dentists certified as eligible for each such period or periods pursu-
    35  ant to subdivision 2 of this section  by  a  general  hospital  licensed
    36  pursuant to article 28 of the public health law; provided that no single
    37  insurer  shall write more than fifty percent of the total excess premium
    38  for a given policy year;  and  provided,  however,  that  such  eligible
    39  physicians  or dentists must have in force an individual policy, from an
    40  insurer licensed in this state of primary malpractice insurance coverage
    41  in amounts of no less than one million three  hundred  thousand  dollars
    42  for  each  claimant  and three million nine hundred thousand dollars for
    43  all claimants under that policy during the period of such excess  cover-
    44  age  for  such occurrences or be endorsed as additional insureds under a
    45  hospital professional liability policy which is offered through a volun-
    46  tary attending physician ("channeling") program previously permitted  by
    47  the  superintendent  of  financial  services  during  the period of such
    48  excess coverage for such occurrences. During such  period,  such  policy
    49  for  excess  coverage  or  such  equivalent  excess coverage shall, when
    50  combined with the physician's or dentist's primary malpractice insurance
    51  coverage or coverage provided through a  voluntary  attending  physician
    52  ("channeling")  program,  total  an aggregate level of two million three
    53  hundred thousand dollars for each claimant and six million nine  hundred
    54  thousand  dollars  for all claimants from all such policies with respect
    55  to occurrences in each of such years provided, however, if the  cost  of
    56  primary malpractice insurance coverage in excess of one million dollars,

        S. 4007--C                         96                         A. 3007--C
 
     1  but  below  the  excess  medical malpractice insurance coverage provided
     2  pursuant to this act, exceeds the rate of nine percent per  annum,  then
     3  the  required  level of primary malpractice insurance coverage in excess
     4  of  one  million  dollars for each claimant shall be in an amount of not
     5  less than the dollar amount of such coverage available at  nine  percent
     6  per  annum;  the required level of such coverage for all claimants under
     7  that policy shall be in an amount not less than three times  the  dollar
     8  amount of coverage for each claimant; and excess coverage, when combined
     9  with  such  primary  malpractice  insurance coverage, shall increase the
    10  aggregate level for each claimant  by  one  million  dollars  and  three
    11  million  dollars  for  all  claimants;  and provided further, that, with
    12  respect to policies of primary medical malpractice coverage that include
    13  occurrences between April 1, 2002 and June 30,  2002,  such  requirement
    14  that coverage be in amounts no less than one million three hundred thou-
    15  sand  dollars  for each claimant and three million nine hundred thousand
    16  dollars for all claimants for such occurrences shall be effective  April
    17  1, 2002.
    18    §  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
    19  amending the civil practice law and rules and  other  laws  relating  to
    20  malpractice and professional medical conduct, as amended by section 2 of
    21  part Z of chapter 57 of the laws of 2022, is amended to read as follows:
    22    (3)(a)  The  superintendent  of financial services shall determine and
    23  certify to each general hospital and to the commissioner of  health  the
    24  cost  of  excess malpractice insurance for medical or dental malpractice
    25  occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
    26  and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
    27  1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
    28  between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
    29  30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
    30  and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
    31  1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
    32  between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
    33  30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
    34  and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
    35  1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
    36  between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
    37  30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
    38  and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
    39  1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
    40  between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
    41  30,  2015,  between July 1, 2015 and June 30, 2016, between July 1, 2016
    42  and June 30, 2017, between July 1, 2017 and June 30, 2018, between  July
    43  1,  2018  and  June  30,  2019,  between July 1, 2019 and June 30, 2020,
    44  between July 1, 2020 and June 30, 2021, between July 1,  2021  and  June
    45  30, 2022, [and] between July 1, 2022 and June 30, 2023, and between July
    46  1,  2023 and June 30, 2024 allocable to each general hospital for physi-
    47  cians or dentists certified as eligible for purchase  of  a  policy  for
    48  excess  insurance  coverage  by such general hospital in accordance with
    49  subdivision 2 of this section, and  may  amend  such  determination  and
    50  certification as necessary.
    51    (b)  The  superintendent  of  financial  services  shall determine and
    52  certify to each general hospital and to the commissioner of  health  the
    53  cost  of  excess malpractice insurance or equivalent excess coverage for
    54  medical or dental malpractice occurrences between July 1, 1987 and  June
    55  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
    56  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July

        S. 4007--C                         97                         A. 3007--C
 
     1  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
     2  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
     3  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
     4  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
     5  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
     6  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
     7  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
     8  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
     9  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
    10  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
    11  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
    12  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
    13  1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
    14  between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
    15  30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
    16  and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
    17  1, 2019 and June 30, 2020, between July  1,  2020  and  June  30,  2021,
    18  between  July  1, 2021 and June 30, 2022, [and] between July 1, 2022 and
    19  June 30, 2023, and between July 1, 2023 and June 30, 2024  allocable  to
    20  each  general  hospital for physicians or dentists certified as eligible
    21  for purchase of a policy for excess  insurance  coverage  or  equivalent
    22  excess  coverage by such general hospital in accordance with subdivision
    23  2 of this section, and may amend such determination and certification as
    24  necessary. The superintendent of financial services shall determine  and
    25  certify  to  each general hospital and to the commissioner of health the
    26  ratable share of such cost allocable to  the  period  July  1,  1987  to
    27  December  31,  1987,  to the period January 1, 1988 to June 30, 1988, to
    28  the period July 1, 1988 to December 31, 1988, to the period  January  1,
    29  1989  to June 30, 1989, to the period July 1, 1989 to December 31, 1989,
    30  to the period January 1, 1990 to June 30, 1990, to the  period  July  1,
    31  1990  to  December  31,  1990, to the period January 1, 1991 to June 30,
    32  1991, to the period July 1, 1991 to December 31,  1991,  to  the  period
    33  January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
    34  31,  1992, to the period January 1, 1993 to June 30, 1993, to the period
    35  July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
    36  30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
    37  January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
    38  31, 1995, to the period January 1, 1996 to June 30, 1996, to the  period
    39  July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
    40  30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
    41  January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
    42  31,  1998, to the period January 1, 1999 to June 30, 1999, to the period
    43  July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
    44  30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
    45  January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
    46  2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
    47  2003 to June 30, 2004, to the period July 1, 2004 to June 30,  2005,  to
    48  the  period  July  1, 2005 and June 30, 2006, to the period July 1, 2006
    49  and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to  the
    50  period  July  1,  2008 and June 30, 2009, to the period July 1, 2009 and
    51  June 30, 2010, to the period July 1, 2010 and  June  30,  2011,  to  the
    52  period  July  1,  2011 and June 30, 2012, to the period July 1, 2012 and
    53  June 30, 2013, to the period July 1, 2013 and  June  30,  2014,  to  the
    54  period  July  1,  2014 and June 30, 2015, to the period July 1, 2015 and
    55  June 30, 2016, to the period July 1, 2016 and  June  30,  2017,  to  the
    56  period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June

        S. 4007--C                         98                         A. 3007--C

     1  30,  2019,  to  the  period July 1, 2019 to June 30, 2020, to the period
     2  July 1, 2020 to June 30, 2021, to the period July 1, 2021  to  June  30,
     3  2022,  [and]  to  the  period  July 1, 2022 to June 30, 2023, and to the
     4  period July 1, 2023 to June 30, 2024.
     5    § 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
     6  18  of  chapter 266 of the laws of 1986, amending the civil practice law
     7  and rules and  other  laws  relating  to  malpractice  and  professional
     8  medical  conduct, as amended by section 3 of part Z of chapter 57 of the
     9  laws of 2022, are amended to read as follows:
    10    (a) To the extent funds available to  the  hospital  excess  liability
    11  pool  pursuant to subdivision 5 of this section as amended, and pursuant
    12  to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
    13  time  to  time  be amended, which amended this subdivision, are insuffi-
    14  cient to meet the costs  of  excess  insurance  coverage  or  equivalent
    15  excess  coverage  for coverage periods during the period July 1, 1992 to
    16  June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
    17  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
    18  to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
    19  during the period July 1, 1997 to June 30, 1998, during the period  July
    20  1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
    21  2000, during the period July 1, 2000 to June 30, 2001, during the period
    22  July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
    23  June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
    24  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
    25  to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
    26  during  the period July 1, 2006 to June 30, 2007, during the period July
    27  1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
    28  2009, during the period July 1, 2009 to June 30, 2010, during the period
    29  July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
    30  30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
    31  period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
    32  June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
    33  the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
    34  to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
    35  during the period July 1, 2019 to June 30, 2020, during the period  July
    36  1,  2020  to  June  30, 2021, during the period July 1, 2021 to June 30,
    37  2022, [and] during the period July 1, 2022 to June 30, 2023, and  during
    38  the  period  July  1,  2023 to June 30, 2024 allocated or reallocated in
    39  accordance with paragraph (a) of subdivision  4-a  of  this  section  to
    40  rates  of payment applicable to state governmental agencies, each physi-
    41  cian or dentist for whom a  policy  for  excess  insurance  coverage  or
    42  equivalent excess coverage is purchased for such period shall be respon-
    43  sible for payment to the provider of excess insurance coverage or equiv-
    44  alent excess coverage of an allocable share of such insufficiency, based
    45  on  the  ratio  of the total cost of such coverage for such physician to
    46  the sum of the total cost of such coverage for all physicians applied to
    47  such insufficiency.
    48    (b) Each provider of excess insurance coverage  or  equivalent  excess
    49  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
    50  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
    51  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
    52  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
    53  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
    54  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
    55  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
    56  the period July 1, 2001 to October 29,  2001,  or  covering  the  period

        S. 4007--C                         99                         A. 3007--C
 
     1  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
     2  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
     3  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
     4  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
     5  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
     6  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
     7  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
     8  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
     9  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
    10  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
    11  June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
    12  covering the period July 1, 2016 to June 30, 2017, or covering the peri-
    13  od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
    14  June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
    15  covering the period July 1, 2020 to June 30, 2021, or covering the peri-
    16  od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
    17  June  30,  2023,  or  covering  the period July 1, 2023 to June 30, 2024
    18  shall notify a covered physician or  dentist  by  mail,  mailed  to  the
    19  address  shown  on the last application for excess insurance coverage or
    20  equivalent excess coverage, of the amount due to such provider from such
    21  physician or dentist for such coverage period determined  in  accordance
    22  with  paragraph  (a)  of this subdivision. Such amount shall be due from
    23  such physician or dentist to such provider of excess insurance  coverage
    24  or  equivalent  excess  coverage  in a time and manner determined by the
    25  superintendent of financial services.
    26    (c) If a physician or dentist liable for payment of a portion  of  the
    27  costs  of excess insurance coverage or equivalent excess coverage cover-
    28  ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
    29  July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
    30  June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
    31  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
    32  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
    33  June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
    34  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
    35  od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
    36  2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
    37  2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
    38  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
    39  2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
    40  2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
    41  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
    42  2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
    43  2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
    44  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
    45  2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
    46  2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
    47  the period July 1, 2016 to June 30, 2017, or covering the period July 1,
    48  2017  to  June 30, 2018, or covering the period July 1, 2018 to June 30,
    49  2019, or covering the period July 1, 2019 to June 30, 2020, or  covering
    50  the period July 1, 2020 to June 30, 2021, or covering the period July 1,
    51  2021  to  June 30, 2022, or covering the period July 1, 2022 to June 30,
    52  2023, or covering the period July 1, 2023 to June 30, 2024 determined in
    53  accordance with paragraph (a) of  this  subdivision  fails,  refuses  or
    54  neglects to make payment to the provider of excess insurance coverage or
    55  equivalent  excess coverage in such time and manner as determined by the
    56  superintendent of financial services pursuant to paragraph (b)  of  this

        S. 4007--C                         100                        A. 3007--C
 
     1  subdivision,  excess  insurance  coverage  or equivalent excess coverage
     2  purchased for such physician or dentist in accordance with this  section
     3  for  such  coverage period shall be cancelled and shall be null and void
     4  as  of  the  first  day  on or after the commencement of a policy period
     5  where the liability for payment pursuant to  this  subdivision  has  not
     6  been met.
     7    (d)  Each  provider  of excess insurance coverage or equivalent excess
     8  coverage shall notify the superintendent of financial services  and  the
     9  commissioner  of  health or their designee of each physician and dentist
    10  eligible for purchase of a  policy  for  excess  insurance  coverage  or
    11  equivalent  excess coverage covering the period July 1, 1992 to June 30,
    12  1993, or covering the period July 1, 1993 to June 30, 1994, or  covering
    13  the period July 1, 1994 to June 30, 1995, or covering the period July 1,
    14  1995  to  June 30, 1996, or covering the period July 1, 1996 to June 30,
    15  1997, or covering the period July 1, 1997 to June 30, 1998, or  covering
    16  the period July 1, 1998 to June 30, 1999, or covering the period July 1,
    17  1999  to  June 30, 2000, or covering the period July 1, 2000 to June 30,
    18  2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
    19  ing the period April 1, 2002 to June 30, 2002, or  covering  the  period
    20  July  1,  2002  to June 30, 2003, or covering the period July 1, 2003 to
    21  June 30, 2004, or covering the period July 1, 2004 to June 30, 2005,  or
    22  covering the period July 1, 2005 to June 30, 2006, or covering the peri-
    23  od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
    24  June  30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
    25  covering the period July 1, 2009 to June 30, 2010, or covering the peri-
    26  od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
    27  June 30, 2012, or covering the period July 1, 2012 to June 30, 2013,  or
    28  covering the period July 1, 2013 to June 30, 2014, or covering the peri-
    29  od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
    30  June  30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
    31  covering the period July 1, 2017 to June 30, 2018, or covering the peri-
    32  od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
    33  June 30, 2020, or covering the period July 1, 2020 to June 30, 2021,  or
    34  covering the period July 1, 2021 to June 30, 2022, or covering the peri-
    35  od  July  1,  2022  to June [1] 30, 2023, or covering the period July 1,
    36  2023 to June 30, 2024 that has made payment to such provider  of  excess
    37  insurance  coverage  or  equivalent  excess  coverage in accordance with
    38  paragraph (b) of this subdivision and of each physician and dentist  who
    39  has failed, refused or neglected to make such payment.
    40    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
    41  coverage shall refund to the hospital excess liability pool  any  amount
    42  allocable to the period July 1, 1992 to June 30, 1993, and to the period
    43  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
    44  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
    45  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
    46  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
    47  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
    48  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
    49  and to the period April 1, 2002 to June 30, 2002, and to the period July
    50  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
    51  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
    52  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
    53  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
    54  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
    55  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
    56  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012

        S. 4007--C                         101                        A. 3007--C
 
     1  to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
     2  to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
     3  2015  to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
     4  to  the  period July 1, 2017 to June 30, 2018, and to the period July 1,
     5  2018 to June 30, 2019, and to the period July 1, 2019 to June 30,  2020,
     6  and  to the period July 1, 2020 to June 30, 2021, and to the period July
     7  1, 2021 to June 30, 2022, and to the period July 1,  2022  to  June  30,
     8  2023,  and to the period July 1, 2023 to June 30, 2024 received from the
     9  hospital excess liability pool for purchase of excess insurance coverage
    10  or equivalent excess coverage covering the period July 1, 1992  to  June
    11  30,  1993,  and  covering  the period July 1, 1993 to June 30, 1994, and
    12  covering the period July 1, 1994 to June  30,  1995,  and  covering  the
    13  period  July  1,  1995 to June 30, 1996, and covering the period July 1,
    14  1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
    15  1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
    16  ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
    17  July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
    18  October 29, 2001, and covering the period April  1,  2002  to  June  30,
    19  2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
    20  ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
    21  July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
    22  June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
    23  and  covering the period July 1, 2007 to June 30, 2008, and covering the
    24  period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
    25  2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
    26  2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
    27  ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
    28  July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
    29  June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
    30  and covering the period July 1, 2016 to June 30, 2017, and covering  the
    31  period  July  1,  2017 to June 30, 2018, and covering the period July 1,
    32  2018 to June 30, 2019, and covering the period July 1, 2019 to June  30,
    33  2020,  and covering the period July 1, 2020 to June 30, 2021, and cover-
    34  ing the period July 1, 2021 to June 30, 2022, and  covering  the  period
    35  July  1, 2022 to June 30, 2023 for, and covering the period July 1, 2023
    36  to June 30, 2024 a physician or  dentist  where  such  excess  insurance
    37  coverage  or  equivalent excess coverage is cancelled in accordance with
    38  paragraph (c) of this subdivision.
    39    § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
    40  practice law and rules  and  other  laws  relating  to  malpractice  and
    41  professional medical conduct, as amended by section 4 of part Z of chap-
    42  ter 57 of the laws of 2022, is amended to read as follows:
    43    §  40.  The superintendent of financial services shall establish rates
    44  for policies providing coverage  for  physicians  and  surgeons  medical
    45  malpractice  for the periods commencing July 1, 1985 and ending June 30,
    46  [2023] 2024; provided, however, that notwithstanding any other provision
    47  of law, the superintendent shall not establish or approve  any  increase
    48  in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
    49  2010. The superintendent shall direct insurers to  establish  segregated
    50  accounts  for premiums, payments, reserves and investment income attrib-
    51  utable to such premium periods and shall require periodic reports by the
    52  insurers regarding claims and expenses attributable to such  periods  to
    53  monitor whether such accounts will be sufficient to meet incurred claims
    54  and  expenses. On or after July 1, 1989, the superintendent shall impose
    55  a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
    56  attributable  to the premium levels established pursuant to this section

        S. 4007--C                         102                        A. 3007--C
 
     1  for such periods; provided, however, that such  annual  surcharge  shall
     2  not  exceed  eight  percent of the established rate until July 1, [2023]
     3  2024, at which time and thereafter such surcharge shall not exceed twen-
     4  ty-five  percent  of  the  approved  adequate rate, and that such annual
     5  surcharges shall continue for such period of time as shall be sufficient
     6  to satisfy such deficiency. The superintendent  shall  not  impose  such
     7  surcharge  during the period commencing July 1, 2009 and ending June 30,
     8  2010. On and after July  1,  1989,  the  surcharge  prescribed  by  this
     9  section  shall  be  retained by insurers to the extent that they insured
    10  physicians and surgeons during the July 1, 1985 through June 30,  [2023]
    11  2024  policy  periods;  in  the  event  and to the extent physicians and
    12  surgeons were insured by another insurer during such periods, all  or  a
    13  pro  rata  share of the surcharge, as the case may be, shall be remitted
    14  to such other insurer in accordance with rules  and  regulations  to  be
    15  promulgated by the superintendent.  Surcharges collected from physicians
    16  and  surgeons  who  were not insured during such policy periods shall be
    17  apportioned among all insurers in proportion to the premium  written  by
    18  each  insurer  during such policy periods; if a physician or surgeon was
    19  insured by an insurer subject to rates established by the superintendent
    20  during such policy periods, and  at  any  time  thereafter  a  hospital,
    21  health  maintenance organization, employer or institution is responsible
    22  for responding in damages for liability arising out of such  physician's
    23  or  surgeon's  practice  of medicine, such responsible entity shall also
    24  remit to such prior insurer the equivalent amount  that  would  then  be
    25  collected  as  a  surcharge if the physician or surgeon had continued to
    26  remain insured by such prior insurer. In  the  event  any  insurer  that
    27  provided  coverage  during  such  policy  periods is in liquidation, the
    28  property/casualty insurance security fund shall receive the  portion  of
    29  surcharges to which the insurer in liquidation would have been entitled.
    30  The surcharges authorized herein shall be deemed to be income earned for
    31  the  purposes of section 2303 of the insurance law.  The superintendent,
    32  in establishing adequate rates and in determining  any  projected  defi-
    33  ciency  pursuant  to  the requirements of this section and the insurance
    34  law, shall give substantial weight, determined  in  his  discretion  and
    35  judgment,  to  the  prospective  anticipated  effect  of any regulations
    36  promulgated and laws enacted and the  public  benefit  of    stabilizing
    37  malpractice rates and minimizing rate level fluctuation during the peri-
    38  od  of  time  necessary for the development of more reliable statistical
    39  experience as to the efficacy of such  laws  and  regulations  affecting
    40  medical, dental or podiatric malpractice enacted or promulgated in 1985,
    41  1986,  by this act and at any other time.  Notwithstanding any provision
    42  of the insurance law, rates already established and to be established by
    43  the superintendent pursuant to this section are deemed adequate if  such
    44  rates  would be adequate when taken together with the maximum authorized
    45  annual surcharges to be imposed for a reasonable period of time  whether
    46  or  not  any  such  annual surcharge has been actually imposed as of the
    47  establishment of such rates.
    48    § 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
    49  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
    50  1986, amending the civil practice law and rules and other laws  relating
    51  to malpractice and professional medical conduct, as amended by section 5
    52  of  part  Z  of  chapter  57 of the laws of 2022, are amended to read as
    53  follows:
    54    § 5. The superintendent of financial services and the commissioner  of
    55  health shall determine, no later than June 15, 2002, June 15, 2003, June
    56  15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,

        S. 4007--C                         103                        A. 3007--C
 
     1  June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
     2  2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
     3  15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  June  15,  2022,
     4  [and]  June 15, 2023, and June 15, 2024 the amount of funds available in
     5  the hospital excess liability pool, created pursuant to  section  18  of
     6  chapter  266  of the laws of 1986, and whether such funds are sufficient
     7  for purposes  of  purchasing  excess  insurance  coverage  for  eligible
     8  participating  physicians and dentists during the period July 1, 2001 to
     9  June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
    10  30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June  30,
    11  2006,  or  July  1,  2006  to June 30, 2007, or July 1, 2007 to June 30,
    12  2008, or July 1, 2008 to June 30, 2009, or July  1,  2009  to  June  30,
    13  2010,  or  July  1,  2010  to June 30, 2011, or July 1, 2011 to June 30,
    14  2012, or July 1, 2012 to June 30, 2013, or July  1,  2013  to  June  30,
    15  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
    16  2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
    17  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
    18  2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
    19  2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2024
    20  as applicable.
    21    (a)  This section shall be effective only upon a determination, pursu-
    22  ant to section five of this act,  by  the  superintendent  of  financial
    23  services  and  the  commissioner  of health, and a certification of such
    24  determination to the state director of the  budget,  the  chair  of  the
    25  senate  committee  on finance and the chair of the assembly committee on
    26  ways and means, that the amount of funds in the hospital excess  liabil-
    27  ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
    28  1986, is insufficient for purposes of purchasing excess insurance cover-
    29  age for eligible participating physicians and dentists during the period
    30  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
    31  1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
    32  2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
    33  to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
    34  June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
    35  30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
    36  2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
    37  2016, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
    38  2018,  or  July  1,  2018  to June 30, 2019, or July 1, 2019 to June 30,
    39  2020, or July 1, 2020 to June 30, 2021, or July  1,  2021  to  June  30,
    40  2022, or July 1, 2022 to June 30, 2023, or July 1, 2023 to June 30, 2024
    41  as applicable.
    42    (e)  The  commissioner  of  health  shall  transfer for deposit to the
    43  hospital excess liability pool created pursuant to section 18 of chapter
    44  266 of the laws of 1986 such amounts as directed by  the  superintendent
    45  of  financial  services  for  the purchase of excess liability insurance
    46  coverage for eligible participating  physicians  and  dentists  for  the
    47  policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
    48  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
    49  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
    50  2007, as applicable, and the cost of administering the  hospital  excess
    51  liability pool for such applicable policy year,  pursuant to the program
    52  established  in  chapter  266  of the laws of 1986, as amended, no later
    53  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
    54  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    55  June 15, 2011, June 15, 2012, June 15, 2013, June  15,  2014,  June  15,
    56  2015,  June  15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June

        S. 4007--C                         104                        A. 3007--C

     1  15, 2020, June 15, 2021, June 15, 2022, [and] June 15,  2023,  and  June
     2  15, 2024 as applicable.
     3    §  6. Section 20 of part H of chapter 57 of the laws of 2017, amending
     4  the New York Health Care Reform Act of 1996 and other laws  relating  to
     5  extending  certain provisions thereto, as amended by section 6 of part Z
     6  of chapter 57 of the laws of 2022, is amended to read as follows:
     7    § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
     8  only  physicians  or dentists who were eligible, and for whom the super-
     9  intendent of financial services and the commissioner of health, or their
    10  designee, purchased, with funds available in the hospital excess liabil-
    11  ity pool, a full or partial policy for  excess  coverage  or  equivalent
    12  excess  coverage  for  the coverage period ending the thirtieth of June,
    13  two thousand [twenty-two] twenty-three, shall be eligible to  apply  for
    14  such  coverage  for the coverage period beginning the first of July, two
    15  thousand [twenty-two] twenty-three;  provided,  however,  if  the  total
    16  number of physicians or dentists for whom such excess coverage or equiv-
    17  alent excess coverage was purchased for the policy year ending the thir-
    18  tieth  of June, two thousand [twenty-two] twenty-three exceeds the total
    19  number of physicians or dentists certified as eligible for the  coverage
    20  period  beginning  the  first of July, two thousand [twenty-two] twenty-
    21  three, then the general hospitals may certify additional eligible physi-
    22  cians or dentists in a number equal to such general  hospital's  propor-
    23  tional  share  of  the  total  number of physicians or dentists for whom
    24  excess coverage or equivalent excess coverage was purchased  with  funds
    25  available  in  the hospital excess liability pool as of the thirtieth of
    26  June, two thousand [twenty-two] twenty-three, as applied to the  differ-
    27  ence  between  the  number of eligible physicians or dentists for whom a
    28  policy for excess coverage or equivalent excess coverage  was  purchased
    29  for  the  coverage  period  ending  the  thirtieth of June, two thousand
    30  [twenty-two] twenty-three and the number of such eligible physicians  or
    31  dentists  who  have  applied  for  excess  coverage or equivalent excess
    32  coverage for the coverage period beginning the first of July, two  thou-
    33  sand [twenty-two] twenty-three.
    34    §  7.  This  act  shall take effect immediately and shall be deemed to
    35  have been in full force and effect on and after April 1, 2023.
 
    36                                   PART G
 
    37    Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder
    38  law, as added by section 1 of part U of chapter 57 of the laws of  2019,
    39  is amended to read as follows:
    40    (a)  The director is hereby authorized to implement private pay proto-
    41  cols for programs and services administered by the office. These  proto-
    42  cols  may  be  implemented by area agencies on aging at their option and
    43  such protocols shall not be applied to services for a  participant  when
    44  being  paid for with federal funds or funds designated as federal match,
    45  or for individuals with an income below [four]  two  hundred  and  fifty
    46  percent  of  the  federal  poverty  level. All private payments received
    47  directly by an area agency on aging or indirectly by one of its contrac-
    48  tors shall be used to supplement, not supplant, funds by state, federal,
    49  or county appropriations. Such private pay payments shall be  set  at  a
    50  cost to the participant of not more than twenty percent above either the
    51  unit  cost to the area agency on aging to provide the program or service
    52  directly, or the amount that the  area  agency  on  aging  pays  to  its
    53  contractor  to  provide  the  program  or  service. Private pay payments
    54  received under this subdivision shall be used  by  the  area  agency  on

        S. 4007--C                         105                        A. 3007--C
 
     1  aging to first reduce any unmet need for programs and services, and then
     2  to  support and enhance services or programs provided by the area agency
     3  on aging. No participant, regardless of income, shall be required to pay
     4  for  any  program  or  service that they are receiving at the time these
     5  protocols are implemented by the area agency on aging. This  subdivision
     6  shall not prevent cost sharing for the programs and services established
     7  pursuant  to section two hundred fourteen of this title [for individuals
     8  below four hundred percent of the  federal  poverty  level].  Consistent
     9  with  federal and state statute and regulations, when providing programs
    10  and services, area agencies on aging and their contractors shall contin-
    11  ue to give priority for programs and services to  individuals  with  the
    12  greatest  economic  or  social  needs. In the event that the capacity to
    13  provide programs and services is limited,  such  programs  and  services
    14  shall  be  provided to individuals with incomes below [four] two hundred
    15  and fifty percent of the federal poverty level before such programs  and
    16  services are provided to those participating in the private pay protocol
    17  pursuant to this subdivision.
    18    § 2. This act shall take effect immediately.
 
    19                                   PART H
 
    20    Section  1.   Section 5 of part AAA of chapter 56 of the laws of 2022,
    21  amending the social services law relating to expanding  Medicaid  eligi-
    22  bility  requirements for seniors and disabled individuals, is amended to
    23  read as follows:
    24    § 5. This act shall take effect January 1, 2023,  subject  to  federal
    25  financial  participation  for sections one, three, and four of this act;
    26  provided, however that [the] section two of this act shall  take  effect
    27  no  later  than January 1, 2024. The commissioner of health shall notify
    28  the legislative bill drafting commission upon the occurrence of  federal
    29  financial  participation  in  order  that the commission may maintain an
    30  accurate and timely effective data base of the official text of the laws
    31  of the state of New York in furtherance of effectuating  the  provisions
    32  of  section  44  of  the  legislative law and section 70-b of the public
    33  officers law.
    34    § 2. Short title. This act shall be known and  may  be  cited  as  the
    35  "1332 state innovation program".
    36    § 3. The social services law is amended by adding a new section 369-ii
    37  to read as follows:
    38    §  369-ii.  1332 state innovation program. 1. Authorization.  Notwith-
    39  standing section three hundred sixty-nine-gg of this title,  subject  to
    40  federal  approval, if it is in the financial interest of the state to do
    41  so, the commissioner of health is authorized, with the approval  of  the
    42  director  of  the  budget,  to establish a 1332 state innovation program
    43  pursuant to section 1332 of the patient protection and  affordable  care
    44  act  (P.L.   111-148) and subdivision twenty-five of section two hundred
    45  sixty-eight-c of the public health law.  The  commissioner  of  health's
    46  authority  pursuant  to  this  section  is contingent upon obtaining and
    47  maintaining all necessary approvals from the  secretary  of  health  and
    48  human services and the secretary of the treasury based on an application
    49  for  a  waiver for state innovation. The commissioner of health may take
    50  all actions necessary to obtain such approvals.
    51    2. Definitions. For the purposes of this section:
    52    (a) "Eligible organization" means  an  insurer  licensed  pursuant  to
    53  article  thirty-two  or forty-two of the insurance law, a corporation or
    54  an organization under article forty-three of the insurance  law,  or  an

        S. 4007--C                         106                        A. 3007--C
 
     1  organization  certified  under  article  forty-four of the public health
     2  law, including providers  certified  under  section  forty-four  hundred
     3  three-e of the public health law.
     4    (b) "Approved organization" means an eligible organization approved by
     5  the  commissioner of health to underwrite a 1332 state innovation health
     6  insurance plan pursuant to this section.
     7    (c) "Health care services" means:
     8    (i) the services and supplies as defined by the commissioner of health
     9  in consultation with the superintendent of financial services, and shall
    10  be consistent with and subject  to  the  essential  health  benefits  as
    11  defined  by  the  commissioner  in accordance with the provisions of the
    12  patient protection and affordable care act (P.L. 111-148) and consistent
    13  with the benefits provided by the reference plan selected by the commis-
    14  sioner of health for the purposes of defining such benefits,  and  shall
    15  include  coverage  of  and access to the services of any national cancer
    16  institute-designated cancer center licensed by the department of  health
    17  within  the service area of the approved organization that is willing to
    18  agree  to  provide  cancer-related  inpatient,  outpatient  and  medical
    19  services  to  all  enrollees  in  approved  organizations' plans in such
    20  cancer center's service area under the prevailing terms  and  conditions
    21  that the approved organization requires of other similar providers to be
    22  included  in  the  approved  organization's  network, provided that such
    23  terms shall include reimbursement of such center at  no  less  than  the
    24  fee-for-service  medicaid payment rate and methodology applicable to the
    25  center's inpatient and outpatient services;
    26    (ii) dental and vision services as  defined  by  the  commissioner  of
    27  health, and
    28    (iii)  as defined by the commissioner of health and subject to federal
    29  approval, certain services and supports provided to enrollees  who  have
    30  functional  limitations  and/or  chronic illnesses that have the primary
    31  purpose of supporting the ability of the enrollee to live or work in the
    32  setting of their choice, which may  include  the  individual's  home,  a
    33  worksite, or a provider-owned or controlled residential setting.
    34    (d)  "Qualified health plan" means a health plan that meets the crite-
    35  ria for certification described in § 1311(c) of the  patient  protection
    36  and  affordable  care  act (P.L. 111-148), and is offered to individuals
    37  through the NY State of Health,  the  official  health  Marketplace,  or
    38  Marketplace,  as  defined  in  subdivision  two  of  section two hundred
    39  sixty-eight-a of the public health law.
    40    (e) "Basic health insurance plan" means a health plan providing health
    41  care services, separate and apart from qualified health plans,  that  is
    42  issued  by  an  approved  organization  and certified in accordance with
    43  section three hundred sixty-nine-gg of this title.
    44    (f) "1332 state innovation plan" means a standard health plan  provid-
    45  ing  health  care  services,  separate and apart from a qualified health
    46  plan and a basic health insurance plan, that is issued  by  an  approved
    47  organization and certified in accordance with this section.
    48    3. State innovation plan eligible individual. (a) A person is eligible
    49  to receive coverage for health care under this section if they:
    50    (i) reside in New York state and are under sixty-five years of age;
    51    (ii)  are  not  eligible  for medical assistance under title eleven of
    52  this article or for the child health insurance plan described  in  title
    53  one-A of article twenty-five of the public health law;
    54    (iii)  are  not eligible for minimum essential coverage, as defined in
    55  section 5000A(f) of the Internal Revenue Service Code  of  1986,  or  is

        S. 4007--C                         107                        A. 3007--C
 
     1  eligible  for  an  employer-sponsored  plan  that  is not affordable, in
     2  accordance with section 5000A(f) of such code; and
     3    (iv)  have  household  income at or below two hundred fifty percent of
     4  the federal poverty line defined and  annually  revised  by  the  United
     5  States  department  of  health and human services for a household of the
     6  same size; and has household income that  exceeds  one  hundred  thirty-
     7  three  percent  of the federal poverty line defined and annually revised
     8  by the United States department of  health  and  human  services  for  a
     9  household  of the same size; however, MAGI eligible noncitizens lawfully
    10  present in the United States with household  incomes  at  or  below  one
    11  hundred thirty-three percent of the federal poverty line shall be eligi-
    12  ble  to  receive  coverage  for  health  care  services  pursuant to the
    13  provisions of this section if such noncitizen would  be  ineligible  for
    14  medical assistance under title eleven of this article due to their immi-
    15  gration status.
    16    (b)  Subject to federal approval, a child born to an individual eligi-
    17  ble for and receiving coverage for health care services pursuant to this
    18  section who but for their eligibility under this section would be eligi-
    19  ble for coverage pursuant to subparagraphs two or four of paragraph  (b)
    20  of  subdivision  one of section three hundred sixty-six of this article,
    21  shall be administratively enrolled, as defined by  the  commissioner  of
    22  health,  in  medical assistance and to have been found eligible for such
    23  assistance on the date of such birth and to  remain  eligible  for  such
    24  assistance for a period of one year.
    25    (c) Subject to federal approval, an individual who is eligible for and
    26  receiving  coverage for health care services pursuant to this section is
    27  eligible to continue to receive health care services  pursuant  to  this
    28  section  during  the individual's pregnancy and for a period of one year
    29  following the end of the pregnancy without regard to any change  in  the
    30  income  of  the household that includes the pregnant individual, even if
    31  such change would render the pregnant individual ineligible  to  receive
    32  health care services pursuant to this section.
    33    (d)  For  the  purposes of this section, 1332 state innovation program
    34  eligible individuals are prohibited  from  being  treated  as  qualified
    35  individuals  under section 1312 of the Affordable Care Act and as eligi-
    36  ble individuals under section 1331 of the ACA and enrolling in qualified
    37  health plan through the Marketplace or standard health plan through  the
    38  Basic Health Program.
    39    4.  Enrollment.  (a)  Subject to federal approval, the commissioner of
    40  health is authorized to establish an application and  enrollment  proce-
    41  dure  for prospective enrollees. Such procedure will include a verifica-
    42  tion system for applicants, which must  be  consistent  with  42  USC  §
    43  1320b-7.
    44    (b) Such procedure shall allow for continuous enrollment for enrollees
    45  to  the  1332 state innovation program where an individual may apply and
    46  enroll for coverage at any point.
    47    (c) Upon an applicant's enrollment in a 1332  state  innovation  plan,
    48  coverage  for  health  care  services pursuant to the provisions of this
    49  section shall be retroactive to the first day of the month in which  the
    50  individual  was determined eligible, except in the case of program tran-
    51  sitions within the Marketplace.
    52    (d) A person who has enrolled for coverage pursuant to  this  section,
    53  and who loses eligibility to enroll in the 1332 state innovation program
    54  for  a  reason  other  than citizenship status, lack of state residence,
    55  failure to provide a valid social security number, providing  inaccurate
    56  information  that  would  affect eligibility when requesting or renewing

        S. 4007--C                         108                        A. 3007--C
 
     1  health coverage pursuant to this section, or failure to make an applica-
     2  ble premium payment, before the end of a twelve month  period  beginning
     3  on  the effective date of the person's initial eligibility for coverage,
     4  or  before the end of a twelve month period beginning on the date of any
     5  subsequent determination of eligibility, shall  have  their  eligibility
     6  for  coverage  continued  until  the  end  of  such twelve month period,
     7  provided that the state receives federal approval for using funds  under
     8  an approved 1332 waiver.
     9    5.  Premiums.  Subject to federal approval, the commissioner of health
    10  shall establish premium payments enrollees in a  1332  state  innovation
    11  plan  shall  pay  to  approved organizations for coverage of health care
    12  services pursuant to this section. Such premium payments shall be estab-
    13  lished in the following manner:
    14    (a) up to fifteen dollars monthly for an individual with  a  household
    15  income  above  two hundred percent of the federal poverty line but at or
    16  below two hundred fifty percent of the federal poverty line defined  and
    17  annually  revised  by  the  United States department of health and human
    18  services for a household of the same size; and
    19    (b) no payment is required for individuals with a household income  at
    20  or  below  two  hundred  percent of the federal poverty line defined and
    21  annually revised by the United States department  of  health  and  human
    22  services for a household of the same size.
    23    6. Cost-sharing. The commissioner of health shall establish cost-shar-
    24  ing  obligations  for  enrollees, subject to federal approval, including
    25  childbirth and newborn  care  consistent  with  the  medical  assistance
    26  program under title eleven of this article. There shall be no cost-shar-
    27  ing obligations for enrollees for:
    28    (a)  dental  and  vision  services  as defined in subparagraph (ii) of
    29  paragraph (c) of subdivision two of this section; and
    30    (b) services and supports as defined in subparagraph  (iii)  of  para-
    31  graph (c) of subdivision two of this section.
    32    7.  Rates  of payment. (a) The commissioner of health shall select the
    33  contract with an independent actuary to study and recommend  appropriate
    34  reimbursement methodologies for the cost of health care service coverage
    35  pursuant to this section. Such independent actuary shall review and make
    36  recommendations concerning appropriate actuarial assumptions relevant to
    37  the  establishment  of  reimbursement  methodologies,  including but not
    38  limited to; the adequacy of rates of payment in relation  to  the  popu-
    39  lation  to  be  served  adjusted  for case mix, the scope of health care
    40  services approved organizations must provide, the  utilization  of  such
    41  services and the network of providers required to meet state standards.
    42    (b)  Upon  consultation  with  the  independent  actuary  and entities
    43  representing approved organizations, the commissioner  of  health  shall
    44  develop  reimbursement  methodologies  and fee schedules for determining
    45  rates of payment, which rates shall be approved by the director  of  the
    46  division  of the budget, to be made by the department to approved organ-
    47  izations for the cost of health care services coverage pursuant to  this
    48  section.  Such reimbursement methodologies and fee schedules may include
    49  provisions for capitation arrangements.
    50    (c) The commissioner of health shall have the authority to  promulgate
    51  regulations,  including  emergency  regulations, necessary to effectuate
    52  the provisions of this subdivision.
    53    (d) The department of health shall  require  the  independent  actuary
    54  selected  pursuant  to  paragraph  (a)  of this subdivision to provide a
    55  complete actuarial report, along with all actuarial assumptions made and
    56  all other data, materials and methodologies used in the  development  of

        S. 4007--C                         109                        A. 3007--C
 
     1  rates  for the 1332 state innovation plan authorized under this section.
     2  Such report shall be provided annually to the temporary president of the
     3  senate and the speaker of the assembly.
     4    8.  An  individual  who  is lawfully admitted for permanent residence,
     5  permanently residing in the United States under color of law, or who  is
     6  a  non-citizen  in  a  valid nonimmigrant status, as defined in 8 U.S.C.
     7  1101(a)(15), and who would be ineligible for  medical  assistance  under
     8  title  eleven  of  this  article  due to their immigration status if the
     9  provisions of section  one  hundred  twenty-two  of  this  chapter  were
    10  applied, shall be considered to be ineligible for medical assistance for
    11  purposes of paragraphs (b) and (c) of subdivision three of this section.
    12    9.  Reporting. The commissioner of health shall submit a report to the
    13  temporary president of the senate and the speaker of the assembly  annu-
    14  ally  by  December thirty-first. The report shall include, at a minimum,
    15  an analysis of the 1332 state innovation program and its impact  on  the
    16  financial interest of the state; its impact on the Marketplace including
    17  enrollment  and premiums; its impact on the number of uninsured individ-
    18  uals in the state; its impact on the Medicaid global cap; and the  demo-
    19  graphics  of  the  1332 state innovation program enrollees including age
    20  and immigration status.
    21    10. Severability. If the secretary of health and human services or the
    22  secretary of the treasury do not approve any provision of  the  applica-
    23  tion for a state innovation waiver, such decision shall in no way affect
    24  or  impair  any  other provisions that the secretaries may approve under
    25  this section.
    26    § 4. The state finance law is amended by adding a new section 98-d  to
    27  read as follows:
    28    §  98-d. 1332 state innovation program fund. 1. There is hereby estab-
    29  lished in the joint custody of the state comptroller and the commission-
    30  er of taxation and finance a special fund to be known as the "1332 state
    31  innovation program fund".
    32    2. Such fund shall be kept separate and shall not be  commingled  with
    33  any  other funds in the custody of the state comptroller and the commis-
    34  sioner of taxation and finance.
    35    3. Such fund shall consist of  moneys  transferred  from  the  federal
    36  government  pursuant to 42 U.S.C. 18052 and an approved 1332 state inno-
    37  vation program waiver application for the purpose implementing the state
    38  plan under the 1332 state innovation program,  established  pursuant  to
    39  section three hundred sixty-nine-ii of the social services law.
    40    4.  Upon  federal  approval,  all moneys in such fund shall be used to
    41  implement and operate the 1332 state  innovation  program,  pursuant  to
    42  section  three  hundred sixty-nine-ii of the social services law, except
    43  to the extent that the provisions of such section conflict or are incon-
    44  sistent with federal law, in which case the provisions of  such  federal
    45  law shall supersede such state law provisions.
    46    § 5. Subparagraph (1) of paragraph (g) of subdivision 1 of section 366
    47  of  the social services law, as amended by section 43 of part B of chap-
    48  ter 57 of the laws of 2015, is amended to read as follows:
    49    (1) Applicants and recipients who are lawfully admitted for  permanent
    50  residence,  or  who  are permanently residing in the United States under
    51  color of law, or who are non-citizens in a valid nonimmigrant status, as
    52  defined in 8 U.S.C.   1101(a)(15); who are  MAGI  eligible  pursuant  to
    53  paragraph  (b)  of  this  subdivision;  and  who would be ineligible for
    54  medical assistance coverage under subdivisions one and  two  of  section
    55  three hundred sixty-five-a of this title solely due to their immigration
    56  status if the provisions of section one hundred twenty-two of this chap-

        S. 4007--C                         110                        A. 3007--C
 
     1  ter were applied, shall only be eligible for assistance under this title
     2  if  enrolled in a standard health plan offered by a basic health program
     3  established pursuant to section  three  hundred  sixty-nine-gg  of  this
     4  article  or  a  standard  health plan offered by a 1332 state innovation
     5  program established pursuant to section three hundred  sixty-nine-ii  of
     6  this article if such program is established and operating.
     7    § 6. Severability clause. If any clause, sentence, paragraph, subdivi-
     8  sion,  section  or  part  of  this act shall be adjudged by any court of
     9  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    10  impair,  or  invalidate  the remainder thereof, but shall be confined in
    11  its operation to the clause, sentence, paragraph,  subdivision,  section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of
    14  the  legislature  that  this  act  would  have been enacted even if such
    15  invalid provisions had not been included herein.
    16    § 7. This act shall take effect immediately and  shall  be  deemed  to
    17  have  been  in  full  force  and  effect  on  and after January 1, 2023;
    18  provided that section three of this act shall  be  contingent  upon  the
    19  commissioner of health obtaining and maintaining all necessary approvals
    20  from the secretary of health and human services and the secretary of the
    21  treasury  based  on  an  application  for  a waiver for state innovation
    22  pursuant to section 1332 of the patient protection and  affordable  care
    23  act  (P.L.  111-148)  and  subdivision 25 of section 268-c of the public
    24  health law. The department of health shall notify the  legislative  bill
    25  drafting  commission  upon  the  occurrence  of  approval  of the waiver
    26  program in order that the commission may maintain an accurate and timely
    27  effective data base of the official text of the laws of the state of New
    28  York in furtherance of effectuating the provisions of section 44 of  the
    29  legislative law and section 70-b of the public officers law.
 
    30                                   PART I
 
    31    Section  1.  Subdivision (i) of section 111 of part H of chapter 59 of
    32  the laws of 2011, amending the public health law and other laws relating
    33  to known and projected department of health state fund medical  expendi-
    34  tures,  as  amended  by section 8 of part E of chapter 57 of the laws of
    35  2019, is amended to read as follows:
    36    (i) the amendments to paragraph (b) and subparagraph (i) of  paragraph
    37  (g)  of subdivision 7 of section 4403-f of the public health law made by
    38  section forty-one-b of this act shall expire and be  repealed  April  1,
    39  [2023] 2027;
    40    §  2.  Paragraph  (a) of subdivision 6 of section 4403-f of the public
    41  health law, as amended by section 4 of part MM of chapter 56 of the laws
    42  of 2020, is amended to read as follows:
    43    (a) An applicant shall be issued  a  certificate  of  authority  as  a
    44  managed  long  term  care  plan upon a determination by the commissioner
    45  that the applicant  complies  with  the  operating  requirements  for  a
    46  managed  long  term care plan under this section. The commissioner shall
    47  issue no more than seventy-five certificates  of  authority  to  managed
    48  long term care plans pursuant to this section.
    49    (a-1)  Nothing  in  this  section  shall be construed as requiring the
    50  department to contract with or to contract  for  a  particular  line  of
    51  business  with  an entity certified under this section for the provision
    52  of services available under title eleven of article five of  the  social
    53  services  law.    A  managed  long term care plan that has been issued a
    54  certificate of authority, or an applicant for a certificate of authority

        S. 4007--C                         111                        A. 3007--C
 
     1  as a managed long term care plan that has in any of the  three  calendar
     2  years  immediately  preceding  the application, met any of the following
     3  criteria shall not be eligible for  a  contract  for  the  provision  of
     4  services  available  under  title  eleven  of article five of the social
     5  services law: (i) classified as a poor performer, or substantially simi-
     6  lar terminology, by the centers for medicare and medicaid  services;  or
     7  (ii)  an  excessive  volume of penalties, statements of findings, state-
     8  ments of deficiency,  intermediate  sanctions  or  enforcement  actions,
     9  regardless of whether the applicant has addressed such issues in a time-
    10  ly manner.
    11    §  3.  The  opening  paragraph of subparagraph (i) of paragraph (d) of
    12  subdivision 6 of section 4403-f of the public health law,  as  added  by
    13  section  5  of  part MM of chapter 56 of the laws of 2020, is amended to
    14  read as follows:
    15    Effective April first, two thousand twenty, and expiring  March  thir-
    16  ty-first, two thousand [twenty-two] twenty-seven, the commissioner shall
    17  place  a moratorium on the processing and approval of applications seek-
    18  ing a certificate of authority as a managed long term care plan pursuant
    19  to this section, including applications seeking authorization to  expand
    20  an existing managed long term care plan's approved service area or scope
    21  of eligible enrollee populations. Such moratorium shall not apply to:
    22    §  4.  Section  4403-f of the public health law is amended by adding a
    23  new subdivision 6-a to read as follows:
    24    6-a. Performance standards. (a) On or before January first, two  thou-
    25  sand  twenty-four, each managed long term care plan that has been issued
    26  a certificate of authority pursuant to this section shall have an active
    27  Medicare Dual Eligible Special Needs Plan in operation whose  H-contract
    28  either  has  a current quality star rating from the Centers for Medicare
    29  and Medicaid Services of three stars or higher, or has not been issued a
    30  quality star rating from the Centers for Medicare and Medicaid Services.
    31  In addition, the managed long term care plan shall  sufficiently  demon-
    32  strate success in the following performance categories:
    33    (i) in addition to meeting the requirements of paragraph (j) of subdi-
    34  vision  seven  of  this  section,  in order to ensure network adequacy a
    35  commitment to contracting with an adequate number of licensed home  care
    36  service  agencies  needed to provide necessary personal care services to
    37  the greatest practicable number  of  enrollees,  and  with  an  adequate
    38  number  of  fiscal  intermediaries  needed to provide necessary consumer
    39  directed personal assistance services to the greatest practicable number
    40  of enrollees in accordance with section three  hundred  sixty-five-f  of
    41  the social services law;
    42    (ii)  readiness  to  timely  implement and adhere to maximum wait time
    43  criteria for key categories of service in accordance  with  laws,  rules
    44  and  regulations of the department or the Centers for Medicare and Medi-
    45  caid Services;
    46    (iii) commitment to quality improvement;
    47    (iv) accessibility and geographic distribution of  network  providers,
    48  taking  into  account  the  needs  of  persons with disabilities and the
    49  differences between rural, suburban, and urban settings;
    50    (v) demonstrated cultural and language competencies  specific  to  the
    51  population of participants;
    52    (vi)  ability  to  serve  enrollees  across  the continuum of care, as
    53  demonstrated by the type and number of products the  managed  long  term
    54  care  operates  or has applied to operate, including integrated care for
    55  participants who are dually eligible  for  Medicaid  and  Medicare,  and

        S. 4007--C                         112                        A. 3007--C
 
     1  those  operated under title one-A of article twenty-five of this chapter
     2  and section three hundred sixty-nine-gg of the social services law; and
     3    (vii) value based care readiness and experience.
     4    (b)  The  commissioner  shall  require any managed long term care plan
     5  with a Medicare Dual Eligible Special Needs Plan in  operation  that  at
     6  any time has a current quality star rating from the Centers for Medicare
     7  and  Medicaid  Services of less than three stars to establish and imple-
     8  ment a performance improvement plan acceptable to the commissioner,  and
     9  which  shall  be consistent with the standards of the Medicare Advantage
    10  Quality Rating System.
    11    (c) The commissioner shall have  the  authority  to  promulgate  regu-
    12  lations to effectuate the provisions of this subdivision.
    13    (d)  The  provisions  of  this subdivision shall not apply for managed
    14  long term care plans operating under a certificate of authority pursuant
    15  to subdivision twelve, as added by section  seventy-six  of  part  A  of
    16  chapter  fifty-six of the laws of  two thousand thirteen, or subdivision
    17  thirteen of this section, or to the program of  all-inclusive  care  for
    18  the elderly under article twenty-nine-EE of this chapter.
    19    §  5.  Subparagraph  (i)  of paragraph (g) of subdivision 7 of section
    20  4403-f of the public health law, as amended by section 1 of part GGG  of
    21  chapter 59 of the laws of 2017, is amended to read as follows:
    22    (i)  Managed long term care plans and demonstrations may enroll eligi-
    23  ble persons in the plan  or  demonstration  upon  the  completion  of  a
    24  comprehensive  assessment  that shall include, but not be limited to, an
    25  evaluation of the medical, social, cognitive, and environmental needs of
    26  each prospective enrollee in such program. This  assessment  shall  also
    27  serve  as  the basis for the development and provision of an appropriate
    28  plan of care for the  enrollee,  including  appropriate  community-based
    29  referrals. Upon approval of federal waivers pursuant to paragraph (b) of
    30  this subdivision which require medical assistance recipients who require
    31  community-based  long  term  care services to enroll in a plan, and upon
    32  approval of the commissioner, a plan may  enroll  an  applicant  who  is
    33  currently  receiving  home and community-based services and complete the
    34  comprehensive assessment within thirty days of enrollment provided  that
    35  the  plan  continues  to  cover transitional care until such time as the
    36  assessment is completed.
    37    § 6. Subparagraph (i) of paragraph (g) of  subdivision  7  of  section
    38  4403-f  of  the public health law, as added by section 65-c of part A of
    39  chapter 57 of the laws of 2006 and relettered by section 20 of part C of
    40  chapter 58 of the laws of 2007, is amended to read as follows:
    41    (i) Managed long term care plans and demonstrations may enroll  eligi-
    42  ble  persons  in  the  plan  or  demonstration  upon the completion of a
    43  comprehensive assessment that shall include, but not be limited  to,  an
    44  evaluation  of  the  medical,  social  and  environmental  needs of each
    45  prospective enrollee in such program. This assessment shall  also  serve
    46  as the basis for the development and provision of an appropriate plan of
    47  care for the prospective enrollee, including appropriate community-based
    48  referrals.
    49    § 7. Part I of chapter 57 of the laws of 2022, providing a one percent
    50  across  the  board  payment  increase  to all qualifying fee-for-service
    51  Medicaid rates, is amended by adding two new sections  1-a  and  1-b  to
    52  read as follows:
    53    §  1-a.  Notwithstanding any provision of law to the contrary, for the
    54  state fiscal years beginning April 1,  2023,  and  thereafter,  Medicaid
    55  payments  made  for  the  operating component of residential health care
    56  facilities services shall be subject to a uniform rate increase  of  6.5

        S. 4007--C                         113                        A. 3007--C

     1  percent  in  addition  to  the  increase  contained  in subdivision 1 of
     2  section 1 of this part, subject to the approval of the  commissioner  of
     3  the department of health and the director of the division of the budget;
     4  provided,  however,  that  such  Medicaid payments shall be subject to a
     5  uniform rate increase of up to 7.5 percent in addition to  the  increase
     6  contained  in  subdivision  1  of section 1 of this part contingent upon
     7  approval of the commissioner of the department of health,  the  director
     8  of the division of the budget, and the Centers for Medicare and Medicaid
     9  Services.  Such  rate  increase  shall  be  subject to federal financial
    10  participation.
    11    § 1-b. Notwithstanding any provision of law to the contrary,  for  the
    12  state  fiscal  years  beginning  April 1, 2023, and thereafter, Medicaid
    13  payments made for the operating component of assisted living programs as
    14  defined by paragraph (a) of subdivision one  of  section  461-l  of  the
    15  social  services  law shall be subject to a uniform rate increase of 6.5
    16  percent in addition to the increase contained in  section  one  of  this
    17  part,  subject  to the approval of the commissioner of the department of
    18  health and the director of division of the budget.  Such  rate  increase
    19  shall be subject to federal financial participation.
    20    §  8. This   act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2023; provided,
    22  however, that:
    23    (a) the amendments to section 4403-f of the public health law made  by
    24  sections two through six of this act shall not affect the repeal of such
    25  section and shall be deemed repealed therewith; and
    26    (b) the amendments to subparagraph (i) of paragraph (g) of subdivision
    27  7  of  section  4403-f  of the public health law made by section five of
    28  this act shall be subject  to  the  expiration  and  reversion  of  such
    29  subparagraph  pursuant  to  subdivision  (i) of section 111 of part H of
    30  chapter 59 of the laws of 2011, as amended,  when  upon  such  date  the
    31  provisions of section six of this act shall take effect.
 
    32                                   PART J
 
    33                            Intentionally Omitted
 
    34                                   PART K
 
    35    Section 1.  Subparagraphs 1 and 2 of paragraph (e) of subdivision 1 of
    36  section  366 of the social services law, as added by section 1 of part D
    37  of chapter 56 of the laws of 2013, clause (iii)  of  subparagraph  2  as
    38  amended  by  chapter  477  of  the  laws of 2022, are amended to read as
    39  follows:
    40    (1) is an inmate or patient in  an  institution  or  facility  wherein
    41  medical  assistance  may  not  be provided in accordance with applicable
    42  federal or state requirements, except for persons described in  subpara-
    43  graph  ten  of paragraph (c) of this subdivision or subdivision one-a or
    44  subdivision one-b of  this  section;  or  except  for  certain  services
    45  provided  to persons in a correctional institution or facility permitted
    46  by a waiver authorized pursuant to section eleven hundred fifteen of the
    47  federal social security act; if, so long as, and to the  extent  federal
    48  financial  participation  is  available  for  such expenditures provided
    49  pursuant to such waiver; or
    50    (2) is a patient in a public institution operated  primarily  for  the
    51  treatment  of  tuberculosis  or  care of the mentally disabled, with the

        S. 4007--C                         114                        A. 3007--C
 
     1  exception of: (i) a person sixty-five  years  of  age  or  older  and  a
     2  patient in any such institution; (ii) a person under twenty-one years of
     3  age  and  receiving in-patient psychiatric services in a public institu-
     4  tion  operated  primarily for the care of the mentally disabled; (iii) a
     5  patient in a public institution operated primarily for the care of indi-
     6  viduals with developmental disabilities who is receiving medical care or
     7  treatment in that part of such institution that has been approved pursu-
     8  ant to law as a hospital or nursing home; (iv) a patient in an  institu-
     9  tion  operated  by  the  state department of mental hygiene, while under
    10  care in a hospital on release from such institution for the  purpose  of
    11  receiving  care  in  such  hospital;  [or] (v) is a person residing in a
    12  community residence or a residential care center  for  adults;  or  (vi)
    13  certain  services  provided  to  persons  in  an  institution for mental
    14  diseases permitted by a waiver authorized  pursuant  to  section  eleven
    15  hundred  fifteen of the federal social security act; if, so long as, and
    16  to the extent federal financial  participation  is  available  for  such
    17  expenditures provided pursuant to such waiver.
    18    §  2.   The department of health shall submit a report to the legisla-
    19  ture on the waiver's impact on service availability which shall include,
    20  but not be limited to: (a) the total number of beds  currently  licensed
    21  organized  by  geographic region; (b) the total number of beds currently
    22  occupied organized by geographic region; and the total  number  of  beds
    23  occupied,  each organized by geographic region and placement type of the
    24  enrollee; (c) information related to the department of  health  and  the
    25  office of children and family services plan to ensure immediate and long
    26  term  community  needs  currently  served  by  an  institution of mental
    27  disease; and (d) an overview of the department's stakeholder  engagement
    28  efforts related to the waiver's implementation.
    29    §  3.  This  act  shall take effect immediately and shall be deemed to
    30  have been in full force and effect on and after April 1, 2023.
 
    31                                   PART L

    32    Section 1. The insurance law is amended by adding a new  section  4909
    33  to read as follows:
    34    §  4909.  Site  of service clinical review.   (a) For purposes of this
    35  section:
    36    (1) "Free-standing ambulatory surgical center" shall mean a diagnostic
    37  and treatment center authorized pursuant to article twenty-eight of  the
    38  public health law and operated independently from a hospital.
    39    (2)  "Health care plan" shall mean an insurer, a corporation organized
    40  pursuant to article forty-three of this chapter,  a  health  maintenance
    41  organization  certified  pursuant  to  article  forty-four of the public
    42  health law, a municipal cooperative health benefit plan certified pursu-
    43  ant to article forty-seven of this chapter, and a  student  health  plan
    44  established  or  maintained pursuant to section one thousand one hundred
    45  twenty-four of this chapter, that issues a health  insurance  policy  or
    46  contract  or  that  arranges  for  care and services for members under a
    47  contract with the department of health with a  network  of  health  care
    48  providers  and  utilizes  site  of  service clinical review to determine
    49  coverage for services delivered by network participating providers.
    50    (3) "Hospital-based outpatient clinic" shall mean a clinic  authorized
    51  pursuant  to article twenty-eight of the public health law and listed on
    52  a hospital's operating certificate.
    53    (4) "Site of service clinical review"  shall  mean  clinical  criteria
    54  applied  by  a  health  care plan for the purpose of determining whether

        S. 4007--C                         115                        A. 3007--C
 
     1  non-urgent outpatient medical procedures and surgeries will  be  covered
     2  for a given insured or enrollee when rendered by a network participating
     3  provider at a hospital-based outpatient clinic rather than a free-stand-
     4  ing ambulatory surgical center.
     5    (b) Site of service clinical review shall be deemed utilization review
     6  in  accordance  with  and subject to the requirements and protections of
     7  this article and article forty-nine of the public health law,  including
     8  the  right to internal and external appeal of denials related to site of
     9  service clinical review.
    10    (c) Site of service  clinical  review  shall  consider  the  insured's
    11  health  and safety, choice of health care provider, and timely access to
    12  care and shall not be based solely on cost.
    13    (d) A health care plan that utilizes site of service  clinical  review
    14  that is intended to direct insureds and enrollees to free-standing ambu-
    15  latory  surgical  centers shall be able to demonstrate to the department
    16  or, as applicable, to the department of health, that it has an  adequate
    17  network  of  free-standing  ambulatory surgical center providers to meet
    18  the health needs of insureds and enrollees and to provide an appropriate
    19  choice of providers sufficient to render the services covered under  the
    20  policy  or  contract.   Such network shall be in compliance with network
    21  adequacy standards established by the superintendent and  section  three
    22  thousand two hundred forty-one of this chapter.
    23    (e)  Except  as  provided  in subsection (g) of this section, starting
    24  January first,  two  thousand  twenty-four,  a  health  care  plan  that
    25  utilizes  a  site  of  service  clinical  review  shall deliver a notice
    26  disclosing and clearly explaining the site of  service  clinical  review
    27  to:
    28    (1)  policyholders,  contract  holders,  insureds,  and  enrollees and
    29  prospective policyholders, contract holders, insureds, and enrollees  at
    30  the  time  of  plan and policy or contract selection and at least ninety
    31  days prior to the implementation of new site of service clinical  review
    32  or modification of existing site of service clinical review. Such notice
    33  shall  include  the  specific  services under the site of service review
    34  policy, a statement that site of service clinical review may  limit  the
    35  settings  in  which services covered under the policy or contract may be
    36  provided and render a network participating provider unable to perform a
    37  service; shall disclose to insureds or enrollees  any  quality  or  cost
    38  differential,  including differences in out-of-pocket costs, between the
    39  hospital-based outpatient clinic and the free-standing ambulatory surgi-
    40  cal center when services  at  a  hospital-based  outpatient  clinic  are
    41  requested;  and  shall  set forth any rights the insured or enrollee may
    42  have to obtain the service at a hospital-based outpatient clinic through
    43  a utilization review appeal. Notifications shall also  be  made  at  any
    44  other time upon the insured's or enrollee's request;
    45    (2)  network  participating  providers  at  least ninety days prior to
    46  implementation.  A health care plan shall also inform providers  of  the
    47  process  for requesting coverage of a service in a hospital-based outpa-
    48  tient clinic setting, including the right to request a real  time  clin-
    49  ical peer to peer discussion as part of the authorization process; and
    50    (3)  the  superintendent  and,  as  applicable, to the commissioner of
    51  health, at least  forty-five  days  prior  to  notifying  policyholders,
    52  contract  holders, insureds and enrollees and prospective policyholders,
    53  contract holders,  insureds  and  enrollees  and  network  participating
    54  providers  in accordance with this subsection. Such notice to the super-
    55  intendent and, as applicable,  to  the  commissioner  of  health,  shall
    56  include  (A)  draft communications to the foregoing persons for purposes

        S. 4007--C                         116                        A. 3007--C
 
     1  of complying with this subsection and (B) an explanation of how the site
     2  of service clinical review selected by the  health  care  plan  complies
     3  with this article and article forty-nine of the public health law.
     4    (f)  A  health  care plan's provider directory shall explain that even
     5  though a provider is participating in the network,  a  site  of  service
     6  clinical  review  may affect where services will need to be obtained and
     7  whether the provider will be  available  to  provide  such  service,  as
     8  applicable.
     9    (g)  A  health care plan that has implemented site of service clinical
    10  review prior to January first, two thousand twenty-four that is  not  in
    11  compliance  with this section shall revise such site of service clinical
    12  review to comply with this section  and  deliver  the  notices  required
    13  under  subsection  (e)  of  this  section  at  the beginning of the open
    14  enrollment  period  for  individual  health   insurance   policies   and
    15  contracts,  and for group health insurance policies and contracts, prior
    16  to January first, two thousand twenty-four.
    17    (h) Starting January first, two thousand twenty-four, at a minimum,  a
    18  health care plan shall approve a request for authorization for a service
    19  covered  under the policy or contract and requested to be performed by a
    20  network participating provider at a hospital-based outpatient clinic  in
    21  the following situations:
    22    (1)  the procedure cannot be safely performed in a free-standing ambu-
    23  latory surgical center due to the insured's or enrollee's health  condi-
    24  tion;
    25    (2)  there  is no free-standing ambulatory surgical center capacity in
    26  the insured's or enrollee's geographic area; or
    27    (3) the provision of health care services at a free-standing ambulato-
    28  ry surgical center would result in undue delay.
    29    (i) Starting January first, two thousand twenty-four, site of  service
    30  clinical  review criteria developed by health care plans shall also take
    31  into consideration whether:
    32    (1) the insured's or enrollee's treating network participating provid-
    33  er recommends, based on a written clinical  justification  submitted  to
    34  the  health  care plan, that the service be provided at a hospital-based
    35  outpatient clinic; or
    36    (2) the insured or enrollee has requested a particular network partic-
    37  ipating provider who performs the requested service in a  hospital-based
    38  outpatient  clinic  because  the  insured  or  enrollee  is undergoing a
    39  continuing course  of  treatment  with  the  participating  provider  or
    40  because  the  insured has previously obtained the requested service from
    41  the participating provider, and the provider is not credentialed at  any
    42  free-standing  ambulatory surgical center in the service area and is not
    43  able to be credentialed within ninety days following the  submission  of
    44  the authorization request to the health care plan.
    45    §  2. The public health law is amended by adding a new section 4909 to
    46  read as follows:
    47    § 4909. Site of service clinical review.   1.  For  purposes  of  this
    48  section:
    49    (a) "Free-standing ambulatory surgical center" shall mean a diagnostic
    50  and treatment center authorized pursuant to article twenty-eight of this
    51  chapter and operated independently from a hospital.
    52    (b)  "Health care plan" shall mean an insurer, a corporation organized
    53  pursuant to article forty-three of the insurance law, a  health  mainte-
    54  nance  organization  certified  pursuant  to  article forty-four of this
    55  chapter, a municipal cooperative health benefit plan certified  pursuant
    56  to  article  forty-seven of the insurance law, and a student health plan

        S. 4007--C                         117                        A. 3007--C
 
     1  established or maintained pursuant to section one thousand  one  hundred
     2  twenty-four  of the insurance law, that issues a health insurance policy
     3  or contract or that arranges for care and services for members  under  a
     4  contract with the department with a network of health care providers and
     5  utilizes  site  of  service  clinical  review  to determine coverage for
     6  services delivered by network participating providers.
     7    (c) "Hospital-based outpatient clinic" shall mean a clinic  authorized
     8  pursuant  to article twenty-eight of this chapter and listed on a hospi-
     9  tal's operating certificate.
    10    (d) "Site of service clinical review"  shall  mean  clinical  criteria
    11  applied  by  a  health  care plan for the purpose of determining whether
    12  non-urgent outpatient medical procedures and surgeries will  be  covered
    13  for a given insured or enrollee when rendered by a network participating
    14  provider at a hospital-based outpatient clinic rather than a free-stand-
    15  ing ambulatory surgical center.
    16    2.  Site of service clinical review shall be deemed utilization review
    17  in accordance with and subject to the requirements  and  protections  of
    18  this  article and article forty-nine of the insurance law, including the
    19  right to internal and external appeal of  denials  related  to  site  of
    20  service clinical review.
    21    3. Site of service clinical review shall consider the insured's health
    22  and  safety,  choice  of health care provider, and timely access to care
    23  and shall not be based solely on cost.
    24    4. A health care plan that utilizes site of  service  clinical  review
    25  that is intended to direct insureds and enrollees to free-standing ambu-
    26  latory  surgical  centers shall be able to demonstrate to the department
    27  that it has an adequate network  of  free-standing  ambulatory  surgical
    28  center  providers to meet the health needs of insureds and enrollees and
    29  to provide an appropriate choice of providers sufficient to  render  the
    30  services  covered under the policy or contract. Such network shall be in
    31  compliance with network adequacy standards established  by  the  commis-
    32  sioner and article forty-four of this chapter.
    33    5.  Except  as provided in subdivision seven of this section, starting
    34  January first,  two  thousand  twenty-four,  a  health  care  plan  that
    35  utilizes  a  site  of  service  clinical  review  shall deliver a notice
    36  disclosing and clearly explaining the site of  service  clinical  review
    37  to:
    38    (a)  policyholders,  contract  holders,  insureds,  and  enrollees and
    39  prospective policyholders, contract holders, insureds, and enrollees  at
    40  the  time  of  plan and policy or contract selection and at least ninety
    41  days prior to the implementation of new site of service clinical  review
    42  or modification of existing site of service clinical review. Such notice
    43  shall  include  the  specific  services under the site of service review
    44  policy, a statement that site of service clinical review may  limit  the
    45  settings  in  which services covered under the policy or contract may be
    46  provided and render a network participating provider unable to perform a
    47  service; shall disclose to insureds or enrollees  any  quality  or  cost
    48  differential,  including differences in out-of-pocket costs, between the
    49  hospital-based outpatient clinic and the free-standing ambulatory surgi-
    50  cal center when services  at  a  hospital-based  outpatient  clinic  are
    51  requested;  and  shall  set forth any rights the insured or enrollee may
    52  have to obtain the service at a hospital-based outpatient clinic through
    53  a utilization review appeal. Notifications shall also  be  made  at  any
    54  other time upon the insured's or enrollee's request;
    55    (b)  network  participating  providers  at  least ninety days prior to
    56  implementation. A health care plan shall also inform  providers  of  the

        S. 4007--C                         118                        A. 3007--C
 
     1  process  for requesting coverage of a service in a hospital-based outpa-
     2  tient clinic setting, including the right to request a real  time  clin-
     3  ical peer to peer discussion as part of the authorization process; and
     4    (c)  the  commissioner,  at  least  forty-five days prior to notifying
     5  policyholders, contract holders, insureds and enrollees and  prospective
     6  policyholders,  contract  holders,  insureds  and  enrollees and network
     7  participating providers in accordance with this subdivision. Such notice
     8  to the commissioner shall include (i) draft communications to the  fore-
     9  going  persons  for purposes of complying with this subdivision and (ii)
    10  an explanation of how the site of service clinical  review  selected  by
    11  the  health  care plan complies with this article and article forty-nine
    12  of the insurance law.
    13    6. A health care plan's provider directory  shall  explain  that  even
    14  though  a  provider  is  participating in the network, a site of service
    15  clinical review may affect where services will need to be  obtained  and
    16  whether  the  provider  will  be  available  to provide such service, as
    17  applicable.
    18    7. A health care plan that has implemented site  of  service  clinical
    19  review  prior  to January first, two thousand twenty-four that is not in
    20  compliance with this section shall revise such site of service  clinical
    21  review  to  comply  with  this  section and deliver the notices required
    22  under subdivision five of this section at  the  beginning  of  the  open
    23  enrollment   period   for   individual  health  insurance  policies  and
    24  contracts, and for group health insurance policies and contracts,  prior
    25  to January first, two thousand twenty-four.
    26    8.  Starting  January first, two thousand twenty-four, at a minimum, a
    27  health care plan shall approve a request for authorization for a service
    28  covered under the policy or contract and requested to be performed by  a
    29  network  participating provider at a hospital-based outpatient clinic in
    30  the following situations:
    31    (a) the procedure cannot be safely performed in a free-standing  ambu-
    32  latory  surgical center due to the insured's or enrollee's health condi-
    33  tion;
    34    (b) there is no free-standing ambulatory surgical center  capacity  in
    35  the insured's or enrollee's geographic area; or
    36    (c) the provision of health care services at a free-standing ambulato-
    37  ry surgical center would result in undue delay.
    38    9.  Starting  January first, two thousand twenty-four, site of service
    39  clinical review criteria developed by health care plans shall also  take
    40  into consideration whether:
    41    (a) the insured's or enrollee's treating network participating provid-
    42  er  recommends,  based  on a written clinical justification submitted to
    43  the health care plan, that the service be provided at  a  hospital-based
    44  outpatient clinic; or
    45    (b) the insured or enrollee has requested a particular network partic-
    46  ipating  provider who performs the requested service in a hospital-based
    47  outpatient clinic because  the  insured  or  enrollee  is  undergoing  a
    48  continuing  course  of  treatment  with  the  participating  provider or
    49  because the insured has previously obtained the requested  service  from
    50  the  participating provider, and the provider is not credentialed at any
    51  free-standing ambulatory surgical center in the service area and is  not
    52  able  to  be credentialed within ninety days following the submission of
    53  the authorization request to the health care plan.
    54    § 3. This act shall take effect June 1, 2023.
 
    55                                   PART M

        S. 4007--C                         119                        A. 3007--C
 
     1    Section 1. The public health law is amended by adding  a  new  article
     2  45-A to read as follows:
     3                                 ARTICLE 45-A
     4                     DISCLOSURE OF MATERIAL TRANSACTIONS
     5  Section 4550. Definitions.
     6          4551. Disclosure of material transactions.
     7          4552. Notice of material transactions; requirements.
     8    §  4550.  Definitions. For the purposes of this article, the following
     9  terms shall have the following meanings:
    10    1. "Control" means the possession, direct or indirect, of the power to
    11  direct or cause the direction of the  management,  administrative  func-
    12  tions,  and policies of a health care entity, whether through the owner-
    13  ship of voting securities or rights, control, either directly  or  indi-
    14  rectly,   by  contract  (except  a  commercial  contract  for  goods  or
    15  non-management services) or otherwise; but no person shall be deemed  to
    16  control  another person solely by reason of being an officer or director
    17  of a health care entity. "Control" shall be presumed  to  exist  if  any
    18  person directly or indirectly owns, controls, or holds with the power to
    19  vote ten percent or more of the voting securities of a health care enti-
    20  ty.
    21    2.  "Health  care entity" shall include but not be limited to a physi-
    22  cian practice, group, or management  services  organization  or  similar
    23  entity  providing  all  or  substantially  all  of the administrative or
    24  management services under contract with one or more physician practices,
    25  provider-sponsored organization, health insurance  plan,  or  any  other
    26  kind of health care facility, organization or plan providing health care
    27  services  in  this state; provided, however, that a "health care entity"
    28  shall not include an insurer authorized to do business in this state, or
    29  a pharmacy benefit manager registered or  licensed  in  this  state.  An
    30  "insurer"  shall  not  include non-insurance subsidiaries and affiliated
    31  entities of insurance companies regulated under  the  insurance  law  or
    32  this chapter.
    33    3.  "Health  equity"  shall mean achieving the highest level of health
    34  for all people and shall entail focused  efforts  to  address  avoidable
    35  inequalities  by  equalizing  those conditions for health for those that
    36  have experienced injustices, socioeconomic disadvantages,  and  systemic
    37  disadvantages.
    38    4. "Material transaction" shall mean:
    39    (a)  any of the following, occurring during a single transaction or in
    40  a series of related transactions that take place within a rolling twelve
    41  month time period, and meet or exceed thresholds, for factors  including
    42  but not limited to changes in revenue:
    43    (i) a merger with a health care entity;
    44    (ii) an acquisition of one or more health care entities, including but
    45  not  limited  to  the  assignment,  sale, or other conveyance of assets,
    46  voting securities, membership, or partnership interest or  the  transfer
    47  of control;
    48    (iii)  an  affiliation  agreement  or contract formed between a health
    49  care entity and another person; or
    50    (iv) the formation of a partnership, joint venture,  accountable  care
    51  organization,  parent  organization, or management services organization
    52  for the purpose of administering contracts with health plans, third-par-
    53  ty administrators, pharmacy benefit managers, or health  care  providers
    54  as prescribed by the commissioner by regulation.
    55    (b) "Material transaction" shall not include a clinical affiliation of
    56  health care entities formed for the purpose of collaborating on clinical

        S. 4007--C                         120                        A. 3007--C
 
     1  trials  or graduate medical education programs and shall not include any
     2  transaction that is already subject  to  review  under  article  twenty-
     3  eight, thirty, thirty-six, forty, forty-four, forty-six, forty-six-A, or
     4  forty-six-B of this chapter.  "Material transaction" shall not include a
     5  de  minimis transaction, which shall mean for purposes of this article a
     6  transaction or a series of related transactions which result in a health
     7  care entity increasing its total gross in-state revenues  by  less  than
     8  twenty-five million dollars.
     9    § 4551. Disclosure of material transactions. Pursuant to this article,
    10  the  department  shall  adopt a process for the disclosure and notice of
    11  material transactions. The items disclosed  shall  include  the  factors
    12  listed  in this article. Nothing in this article shall limit or restrict
    13  the authority of the superintendent of financial services under  article
    14  fifteen,  sixteen,  seventeen,  forty-two,  forty-three, seventy-one, or
    15  seventy-three of the insurance law, or  regulations  promulgated  there-
    16  under.
    17    §  4552.  Notice  of  material transactions; requirements. 1. A health
    18  care entity shall submit to the department written notice, with support-
    19  ing documentation as described below and further defined  in  regulation
    20  developed by the department, which the department shall be in receipt of
    21  at  least thirty days before the closing date of the transaction, in the
    22  form and manner prescribed by the  department.    Immediately  upon  the
    23  submission  to  the  department,  the department shall submit electronic
    24  copies of such notice with supporting documentation  to  the  antitrust,
    25  health care and charities bureaus of the office of the New York attorney
    26  general.  Such written notice shall include, but not be limited to:
    27    (a)  The  names  of  the parties to the material transaction and their
    28  current addresses;
    29    (b) Copies of any definitive agreements governing  the  terms  of  the
    30  material transaction, including pre- and post-closing conditions;
    31    (c)  Identification  of  all  locations where health care services are
    32  currently provided by each party and the revenue generated in the  state
    33  from such locations;
    34    (d)  Any plans to reduce or eliminate services and/or participation in
    35  specific plan networks;
    36    (e) The closing date of the proposed material transaction;
    37    (f) A brief description of the nature  and  purpose  of  the  proposed
    38  material transaction including:
    39    (i) the anticipated impact of the material transaction on cost, quali-
    40  ty,  access,  health  equity,  and  competition in the impacted markets,
    41  which may be supported by data and a formal market impact analysis; and
    42    (ii) any commitments by the health care entity to address  anticipated
    43  impacts.
    44    2.  (a)  Except  as  provided  in  paragraph  (b) of this subdivision,
    45  supporting documentation as described in subdivision one of this section
    46  shall not be subject to disclosure under article six of the public offi-
    47  cers law.
    48    (b) During such thirty-day period  prior  to  the  closing  date,  the
    49  department shall post on its website:
    50    (i) a summary of the proposed transaction;
    51    (ii) an explanation of the groups or individuals likely to be impacted
    52  by the transaction;
    53    (iii) information about services currently provided by the health care
    54  entity,  commitments by the health care entity to continue such services
    55  and any services that will be reduced or eliminated; and

        S. 4007--C                         121                        A. 3007--C
 
     1    (iv) details about how to submit comments, in a format that is easy to
     2  find and easy to read.
     3    3.  A  health  care  entity  that is a party to a material transaction
     4  shall notify the department upon closing of the transaction in the  form
     5  and manner prescribed by the department.
     6    4.  Failure  to  notify the department of a material transaction under
     7  this  section shall be subject to civil penalties under  section  twelve
     8  of this chapter. Each day in which the violation continues shall consti-
     9  tute a separate violation.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law. Effective immediately, the addition, amendment and/or
    12  repeal of any rule or regulation necessary  for  the  implementation  of
    13  this  act  on its effective date are authorized to be made and completed
    14  on or before such effective date.
 
    15                                   PART N
 
    16    Section 1. Section 366 of the social services law is amended by adding
    17  a new subdivision 16 to read as follows:
    18    16. (a) The commissioner of health is authorized to submit the  appro-
    19  priate  waivers and/or any other required requests for federal approval,
    20  including but not limited to, those authorized in section eleven hundred
    21  fifteen of the federal  social  security  act,  in  order  to  establish
    22  expanded  medical  assistance  eligibility for working disabled individ-
    23  uals. Such waiver applications shall be executed consistent  with  para-
    24  graphs  (b),  (c),  (d) and (e) of this subdivision, to the extent those
    25  sections comply with the requirements of section eleven hundred  fifteen
    26  of  the federal social security act.  Notwithstanding subparagraphs five
    27  and six of paragraph (c) of subdivision one of this section and subdivi-
    28  sion twelve of section three hundred sixty-seven-a of this title, or any
    29  other provision of law to the contrary,  if  granted  such  waiver,  the
    30  commissioner of health may authorize eligible persons to receive medical
    31  assistance  pursuant to the waiver if, for so long as, and to the extent
    32  that, financial participation is available therefor. The waiver applica-
    33  tion shall provide for thirty thousand persons to be eligible to partic-
    34  ipate in such waiver.
    35    (b) Individuals eligible for participation in such waiver shall:
    36    (i) be a disabled individual, defined as having a medically determina-
    37  ble impairment of sufficient severity and duration to qualify for  bene-
    38  fits under Titles II or XVI of the social security act;
    39    (ii) be at least sixteen years of age;
    40    (iii)  be  otherwise eligible for medical assistance benefits, but for
    41  earnings and/or resources in excess of the allowable limit;
    42    (iv) have net available income, determined in accordance with subdivi-
    43  sion two of this section, that does not exceed two thousand two  hundred
    44  fifty  percent  of  the  applicable federal poverty line, as defined and
    45  updated by the United States department of health and human services;
    46    (v) have resources, as defined in paragraph (e) of subdivision two  of
    47  section  three  hundred sixty-six-c of this title, other than retirement
    48  accounts, that do not exceed three hundred thousand dollars;
    49    (vi) contribute to the cost of medical assistance provided pursuant to
    50  this paragraph in accordance with paragraph (d) of this subdivision; and
    51    (vii) meet such other criteria as may be established  by  the  commis-
    52  sioner as may be necessary to administer the provisions of this subdivi-
    53  sion in an equitable manner.

        S. 4007--C                         122                        A. 3007--C
 
     1    (c)  An  individual  at  least  sixteen years of age who: is employed;
     2  ceases to be eligible for participation in such waiver pursuant to para-
     3  graph (b) of this subdivision because the person, by reason  of  medical
     4  improvement, is determined at the time of a regularly scheduled continu-
     5  ing  disability  review  to no longer be certified as disabled under the
     6  social security act; continues to have a severe  medically  determinable
     7  impairment, to be determined in accordance with applicable federal regu-
     8  lations;  and  contributes  to  the  cost of medical assistance provided
     9  pursuant to this paragraph in accordance  with  paragraph  (d)  of  this
    10  subdivision,  shall  be  eligible  for participation in such waiver. For
    11  purposes of this paragraph, a person is considered to be employed if the
    12  person is earning at least the applicable minimum wage under section six
    13  of the federal fair labor standards act and working at least forty hours
    14  per month.
    15    (d) Prior to receiving medical assistance pursuant to such  waiver,  a
    16  person  whose  net  available  income  is  greater  than or equal to two
    17  hundred fifty percent of the applicable federal poverty line shall pay a
    18  monthly premium, in accordance with a procedure to be established by the
    19  commissioner, provided that no enrollee shall pay a monthly premium that
    20  exceeds exceed eight and one-half  percent  of  the  enrollee's  monthly
    21  income.  The  amount  of  such  premium for a person whose net available
    22  income is greater than or equal to two  hundred  fifty  percent  of  the
    23  applicable  federal poverty line, but less than three hundred percent of
    24  the applicable federal poverty line shall be three  hundred  and  forty-
    25  seven dollars but shall not exceed four percent of the enrollee's month-
    26  ly  income.  The amount of such premium for a person whose net available
    27  income is greater than or equal to three hundred percent of the applica-
    28  ble federal poverty line, but less than  four  hundred  percent  of  the
    29  applicable  federal  poverty line shall be five hundred eighteen dollars
    30  but shall not exceed six percent of the enrollee's monthly income.   The
    31  amount of such premium for a person whose net available income is great-
    32  er  than  or  equal  to  four  hundred percent of the applicable federal
    33  poverty line, but less than  five  hundred  percent  of  the  applicable
    34  federal poverty line shall be seven hundred and seventy-nine dollars but
    35  shall  not  exceed  eight and one-half percent of the enrollee's monthly
    36  income. The amount of such premium for  a  person  whose  net  available
    37  income  is equal to or greater than five hundred percent of the applica-
    38  ble federal poverty line shall be one thousand thirty-three dollars  but
    39  shall  not  exceed  eight and one-half percent of the enrollee's monthly
    40  income. No premium shall be required from a person whose  net  available
    41  income  is less than two hundred fifty percent of the applicable federal
    42  poverty line.
    43    (e) Notwithstanding any other provision of this section or  any  other
    44  law  to  the  contrary,  for  purposes of determining medical assistance
    45  eligibility for persons specified in paragraph (b) or (c) of this subdi-
    46  vision, the income and resources of responsible relatives shall  not  be
    47  deemed  available for as long as the person meets the criteria specified
    48  in this subdivision.
    49    § 2. This act shall take effect on January 1, 2025.
 
    50                                   PART O
 
    51                            Intentionally Omitted
 
    52                                   PART P

        S. 4007--C                         123                        A. 3007--C

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2825-h to read as follows:
     3    §  2825-h.  Health care facility transformation program:  statewide V.
     4  1. A statewide health care facility  transformation  program  is  hereby
     5  established within the department for the purpose of transforming, rede-
     6  signing,  and  strengthening  quality  health care services in alignment
     7  with statewide and regional  health  care  needs,  and  in  the  ongoing
     8  pandemic  response.  The  program shall also provide funding, subject to
     9  lawful appropriation, in support of capital projects,  debt  retirement,
    10  working capital or other non-capital projects that facilitate furthering
    11  such transformational goals.
    12    2.  The  commissioner shall enter into an agreement with the president
    13  of the dormitory authority of the state of New York pursuant to  section
    14  sixteen  hundred  eighty-r  of  the  public authorities law, which shall
    15  apply to this agreement, subject to the approval of the director of  the
    16  division  of the budget, for the purposes of the distribution and admin-
    17  istration of available funds pursuant to such agreement, and made avail-
    18  able pursuant to this section  and  appropriation.  Such  funds  may  be
    19  awarded  and  distributed  by  the  department for grants to health care
    20  providers including but not limited to,  hospitals,  residential  health
    21  care facilities, adult care facilities licensed under title two of arti-
    22  cle  seven  of the social services law, diagnostic and treatment centers
    23  licensed or granted an operating certificate under this  chapter,  clin-
    24  ics, including but not limited to those licensed or granted an operating
    25  certificate  under  this  chapter  or the mental hygiene law, children's
    26  residential treatment facilities licensed under  article  thirty-one  of
    27  the mental hygiene law, assisted living programs approved by the depart-
    28  ment pursuant to section four hundred sixty-one-l of the social services
    29  law,  behavioral  health  facilities  licensed  or  granted an operating
    30  certificate pursuant to articles thirty-one and thirty-two of the mental
    31  hygiene law, home care providers certified  or  licensed  under  article
    32  thirty-six of this chapter, primary care providers, hospices licensed or
    33  granted an operating certificate pursuant to article forty of this chap-
    34  ter,  community-based programs funded under the office of mental health,
    35  the office of addiction services and supports,  the  office  for  people
    36  with  developmental disabilities, or through local governmental units as
    37  defined under article forty-one of the mental hygiene  law,  independent
    38  practice  associations  or  organizations, residential facilities or day
    39  program facilities licensed or granted an  operating  certificate  under
    40  article  sixteen  of the mental hygiene law, and midwifery birth centers
    41  established pursuant to this chapter. A copy of such agreement, and  any
    42  amendments  thereto, shall be provided by the department to the chair of
    43  the senate finance committee, the chair of the assembly ways  and  means
    44  committee,  and the director of the division of the budget no later than
    45  thirty days after such agreement  is  finalized.  Projects  awarded,  in
    46  whole  or  part,  under  sections twenty-eight hundred twenty-five-a and
    47  twenty-eight hundred twenty-five-b of this article shall not be eligible
    48  for grants or awards made available under this section.
    49    3. Notwithstanding  section  one  hundred  sixty-three  of  the  state
    50  finance law, or any inconsistent provision of law to the contrary, up to
    51  four  hundred  ninety million dollars of the funds appropriated for this
    52  program shall be awarded, without  a  competitive  bid  or  request  for
    53  proposal  process,  for  grants  to health care providers, as defined in
    54  subdivision two of this section. Awards made pursuant to  this  subdivi-
    55  sion  shall provide funding for capital projects, debt retirement, work-
    56  ing capital or other non-capital projects to the extent lawful appropri-

        S. 4007--C                         124                        A. 3007--C
 
     1  ation and funding is available, to  build  innovative,  patient-centered
     2  models  of care, increase access to care, to improve the quality of care
     3  and to ensure financial sustainability of  health  care  providers,  and
     4  develop capacity in underserved areas of the state.  For the purposes of
     5  this  section,  the  development  of capacity in underserved areas shall
     6  include new construction and renovation projects in areas determined  to
     7  be underserved by the department.
     8    4.  Notwithstanding  section  one  hundred  sixty-three  of  the state
     9  finance law, or any inconsistent provision of law to the contrary, up to
    10  five hundred million dollars of the funds appropriated for this  program
    11  shall  be  awarded,  without  a  competitive bid or request for proposal
    12  process, for technological and telehealth transformation projects, which
    13  shall include projects related to improving cyber  security,  and  which
    14  may  also include unfunded project applications submitted in response to
    15  a request for applications issued by the department pursuant to subdivi-
    16  sion six of section twenty-eight hundred twenty-five-g of  this article.
    17    5. Selection of awards made by the department pursuant to subdivisions
    18  three and four of this section shall  be  contingent  on  an  evaluation
    19  process  acceptable  to the commissioner and approved by the director of
    20  the division of the budget.  Disbursement of awards shall be conditioned
    21  on the awardee achieving certain process  and  performance  metrics  and
    22  milestones  as  determined  by  the commissioner. Such metrics and mile-
    23  stones shall be structured to ensure that the goals of the  project  are
    24  achieved,  and  such  metrics  and milestones shall be included in grant
    25  disbursement agreements or other contractual documents  as  required  by
    26  the commissioner.
    27    6.  The  department shall provide a report on a quarterly basis to the
    28  chairs of the senate finance, assembly ways and means,  and  senate  and
    29  assembly health committees, until such time as the department determines
    30  that  the  projects  that  receive  funding pursuant to this section are
    31  substantially complete. Such reports shall be submitted  no  later  than
    32  sixty  days  after the close of the quarter, and shall include, for each
    33  award, the name of the health care provider as  defined  in  subdivision
    34  two of this section, a description of the project or purpose, the amount
    35  of  the  award,  disbursement date, and status of achievement of process
    36  and performance metrics and milestones pursuant to subdivision  five  of
    37  this section.
    38    §  2.  Subdivision  1  of  section 2825-g of the public health law, as
    39  added by section 1 of part K of chapter 57 of laws of 2022,  is  amended
    40  to read as follows:
    41    1.  A  statewide health care facility transformation program is hereby
    42  established within the department for the purpose of transforming, rede-
    43  signing, and strengthening quality health  care  services  in  alignment
    44  with  statewide  and  regional  health  care  needs,  and in the ongoing
    45  pandemic response. The program shall also provide  funding,  subject  to
    46  lawful  appropriation,  in support of capital projects, debt retirement,
    47  working capital or other non-capital projects that facilitate furthering
    48  such transformational goals.
    49    § 3. Paragraph (b) of subdivision 5 of section 2825-g  of  the  public
    50  health law, as added by section 1 of part K of chapter 57 of the laws of
    51  2022, is amended to read as follows:
    52    (b)  Awards  made  pursuant  to this subdivision shall provide funding
    53  [only] for capital projects, debt retirement, working capital  or  other
    54  non-capital  projects  to the extent lawful appropriation and funding is
    55  available,  to  build  innovative,  patient-centered  models  of   care,

        S. 4007--C                         125                        A. 3007--C
 
     1  increase  access  to  care, to improve the quality of care and to ensure
     2  financial sustainability of health care providers.
     3    §  4.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2023.

     5                                   PART Q
 
     6    Section 1. Subdivision 2 of section 365-a of the social  services  law
     7  is amended by adding a new paragraph (kk) to read as follows:
     8    (kk)  community health worker services which shall include, but not be
     9  limited  to, culturally appropriate patient education, health care navi-
    10  gation, care coordination including the  development  of  a  care  plan,
    11  patient  advocacy,  and  support  services for the management of chronic
    12  conditions for children  under  age  twenty-one,  and  for  adults  with
    13  health-related  social  needs,  when  such services are recommended by a
    14  physician or other health care practitioner authorized under title eight
    15  of the education law, and provided by qualified community  health  work-
    16  ers,  as  determined  by  the commissioner of health; provided, however,
    17  that the provisions of this paragraph shall not take effect  unless  all
    18  necessary  approvals under federal law and regulation have been obtained
    19  to receive federal financial participation in the costs of  health  care
    20  services provided pursuant to this paragraph.  Nothing in this paragraph
    21  shall  be  construed  to modify any licensure, certification or scope of
    22  practice provision under title eight of the education law.
    23    § 2. Clause (C) of subparagraph (ii) of paragraph (f)  of  subdivision
    24  2-a  of  section 2807 of the public health law, as amended by section 43
    25  of part B of chapter 58 of the laws of  2010,  is  amended  to  read  as
    26  follows:
    27    (C)  [individual  psychotherapy]  services provided by licensed social
    28  workers, licensed mental health counselors, and  licensed  marriage  and
    29  family  therapists,  in  accordance with licensing criteria set forth in
    30  applicable regulations[, to persons under the age of twenty-one  and  to
    31  persons  requiring  such services as a result of or related to pregnancy
    32  or giving birth]; and
    33    § 3. This act shall take effect January 1, 2024.
 
    34                                   PART R
 
    35    Section 1. Subdivision 2 of section 365-a of the social  services  law
    36  is  amended  by  adding  two  new  paragraphs  (kk)  and (ll) to read as
    37  follows:
    38    (kk) care and  services  of  nutritionists  and  dietitians  certified
    39  pursuant  to article one hundred fifty-seven of the education law acting
    40  within their scope of practice.
    41    (ll) Chronic Disease Self-Management  Program  for  persons  diagnosed
    42  with arthritis when such services are ordered by a physician, registered
    43  physician's   assistant,  registered  nurse  practitioner,  or  licensed
    44  midwife and provided  by  qualified  educators,  as  determined  by  the
    45  commissioner  of  health,  subject  to  federal financial participation.
    46  Nothing in this paragraph shall be construed to  modify  any  licensure,
    47  certification  or  scope  of practice provision under title eight of the
    48  education law.
    49    § 2. Clause (A) of subparagraph (ii) of paragraph (f)  of  subdivision
    50  2-a  of  section 2807 of the public health law, as amended by section 43
    51  of part B of chapter 58 of the laws of  2010,  is  amended  to  read  as
    52  follows:

        S. 4007--C                         126                        A. 3007--C
 
     1    (A)  services provided in accordance with the provisions of paragraphs
     2  (q) [and], (r), and (ll) of subdivision two  of  section  three  hundred
     3  sixty-five-a of the social services law; and
     4    §  3. This act shall take effect July 1, 2023; provided, however, that
     5  paragraph (ll) of subdivision 2 of section 365-a of the social  services
     6  law added by section one of this act, and section two of this act, shall
     7  take effect October 1, 2023.
 
     8                                   PART S
 
     9    Section  1. Section 3002 of the public health law is amended by adding
    10  a new subdivision 1-a to read as follows:
    11    1-a. The state emergency medical services  council  shall  advise  and
    12  assist  the  commissioner on such issues as the commissioner may require
    13  related to the provision of emergency medical service,  specialty  care,
    14  designated  facility  care,  and  disaster  medical  care.    This shall
    15  include, but shall not  be  limited  to,  the  recommendation,  periodic
    16  revision,  and  application  of  rules  and regulations, appropriateness
    17  review standards, treatment protocols, workforce development, and quali-
    18  ty improvement standards. The state emergency medical  services  council
    19  shall  meet  at  least  three  times  per year or more frequently at the
    20  request of the chairperson or department and approved by the commission-
    21  er.
    22    § 2. Section 3003 of the public health law is amended by adding a  new
    23  subdivision 1-a to read as follows:
    24    1-a. Each regional emergency medical services council shall advise the
    25  state  emergency  medical services council and department on such issues
    26  as the state  emergency  medical  services  council  or  department  may
    27  require, related to the provision of emergency medical service, special-
    28  ty  care, designated facility care, and disaster medical care, and shall
    29  carry out duties to assist in the  regional  coordination  of  such,  as
    30  outlined  by  the state emergency medical services council with approval
    31  of the department.
    32    § 3. The public health law is amended by adding a new section 3004  to
    33  read as follows:
    34    § 3004. Emergency medical services system and agency performance stan-
    35  dards.  1.  The  state emergency medical services council and with input
    36  from the regional emergency medical services councils, in  collaboration
    37  and  with  final  approval  of the department, shall create an emergency
    38  medical services system and agency  performance  standards  (hereinafter
    39  referred  to  as  "performance standards") for the purpose of sustaining
    40  and evolving a reliable emergency medical services system including  but
    41  not  limited  to emergency medical services agencies and any facility or
    42  agency that dispatches or accepts emergency medical services resources.
    43    2. The performance standards may include but shall not be limited  to:
    44  safety  initiatives, emergency vehicle operations, operational competen-
    45  cies, planning, training, onboarding, workforce development and  engage-
    46  ment,  survey  responses,  leadership and other standards and metrics as
    47  determined  by  the  state  emergency  medical  services  council,  with
    48  approval  of the department, to promote positive patient outcomes, safe-
    49  ty, provider retention and emergency medical services  system  sustaina-
    50  bility throughout the state.
    51    3.  The  performance  standards  shall  require each emergency medical
    52  services agency, dispatch agency  or  facility  that  accepts  emergency
    53  medical services resources to perform regular and periodic review of the
    54  performance  standards  and its metrics, perform surveys, identification

        S. 4007--C                         127                        A. 3007--C
 
     1  of agency deficiencies and strengths, development of programs to improve
     2  agency metrics, strengthen system  sustainability  and  operations,  and
     3  improve the delivery of patient care.
     4    4. The department, after consultation with the state emergency medical
     5  services council and with input from regional emergency medical services
     6  councils,  may  contract  for  services  with  subject matter experts to
     7  assist in the oversight of the performance standards statewide.
     8    5. Emergency medical services agencies that do not meet  the  perform-
     9  ance  standards  set forth in this section may be subject to enforcement
    10  actions, including but not limited to revocation,  suspension,  perform-
    11  ance  improvement  plans, or restriction from specific types of response
    12  including but not  limited  to  suspension  of  ability  to  respond  to
    13  requests  for  emergency  medical  assistance  or  to  perform emergency
    14  medical services.
    15    § 4. The public health law is amended by adding a new section 3020  to
    16  read as follows:
    17    §  3020.  Recruitment and retention. 1.  The commissioner shall estab-
    18  lish and fund within amounts appropriated, a public service campaign  to
    19  recruit additional personnel into the emergency medical system fields.
    20    2.  The commissioner shall establish and fund within amounts appropri-
    21  ated an emergency medical system mental health and wellness program that
    22  provides resources to emergency medical service practitioners to  retain
    23  personnel in the emergency medical system fields.
    24    §  5. Section 3032 of the public health law is renumbered section 3034
    25  and two new sections 3032 and 3033 are added to read as follows:
    26    § 3032. State emergency medical services task force. 1. The department
    27  shall develop a state emergency medical services (EMS) task force, oper-
    28  ated by the department, that may coordinate and operate  resources  that
    29  are needed around the state in situations including but not limited to a
    30  disaster, specialized response, or community need.
    31    2.  The  state  EMS  task force shall be made up of non-government and
    32  government agencies, that are  licensed  to  provide  emergency  medical
    33  services  in the state including but not limited to commercial agencies,
    34  nonprofits, fire departments and third services.
    35    3. The department shall allocate funds to effectuate the  delivery  of
    36  the  state EMS task force that shall allow for contracting with licensed
    37  emergency  medical  services  agencies,  the  purchase  of   specialized
    38  response  equipment, staff to carry out the daily functions of the state
    39  EMS task force either directly or by contract  and  other  functions  as
    40  determined by the department.
    41    4. The state emergency medical services council shall make recommenda-
    42  tions  to  the  department to effectuate the development and delivery of
    43  care by the state EMS task force.
    44    5. The state EMS task  force  shall  have  the  authority  to  operate
    45  throughout New York state.
    46    §  3033. Rules and regulations. The commissioner, upon approval of the
    47  state emergency medical services council, may promulgate rules and regu-
    48  lations to effectuate the purposes of this article,  provided,  however,
    49  that  sections  three  thousand  thirty and three thousand thirty-one of
    50  this article shall be subject to the provisions of section  three  thou-
    51  sand thirty-four of this article.
    52    § 6. Subdivision 2 of section 163 of the civil service law, as amended
    53  by  section 4 of part T of chapter 56 of the laws of 2010, is amended to
    54  read as follows:
    55    2. The contract or contracts shall provide  for  health  benefits  for
    56  retired employees of the state and of the state colleges of agriculture,

        S. 4007--C                         128                        A. 3007--C
 
     1  home  economics, industrial labor relations and veterinary medicine, the
     2  state agricultural experiment station at Geneva, and any other  institu-
     3  tion or agency under the management and control of Cornell university as
     4  the  representative  of the board of trustees of the state university of
     5  New York, and the state college of ceramics  under  the  management  and
     6  control of Alfred university as the representative of the board of trus-
     7  tees  of the state university of New York, and their spouses and depend-
     8  ent children as defined by the regulations of  the  president,  on  such
     9  terms  as  the  president  may  deem  appropriate, and the president may
    10  authorize the inclusion in the plan of the employees and retired employ-
    11  ees  of  public  authorities,  public   benefit   corporations,   school
    12  districts,  special  districts,  district corporations, municipal corpo-
    13  rations excluding active  employees  and  retired  employees  of  cities
    14  having  a  population  of  one million or more inhabitants whose compen-
    15  sation is or was before retirement paid out of  the  city  treasury,  or
    16  other  appropriate  agencies, subdivisions or quasi-public organizations
    17  of the state, including active members of volunteer fire  and  volunteer
    18  ambulance  companies serving one or more municipal corporations pursuant
    19  to subdivision seven of section ninety-two-a of  the  general  municipal
    20  law,  and  their  spouses and dependent children as defined by the regu-
    21  lations of the president. Notwithstanding any law or regulation  to  the
    22  contrary, active members of volunteer ambulance companies serving one or
    23  more  municipal  corporations  pursuant  to subdivision seven of section
    24  ninety-two-a of the general municipal law shall be eligible  for  health
    25  benefits  regardless of the amount of funds derived from public sources.
    26  Any such corporation,  district,  agency  or  organization  electing  to
    27  participate in the plan shall be required to pay its proportionate share
    28  of  the  expenses  of  administration of the plan in such amounts and at
    29  such times as determined and fixed by the president. All amounts payable
    30  for such expenses of administration shall be paid to the commissioner of
    31  taxation and finance and shall be applied to the reimbursement of  funds
    32  previously  advanced  for such purposes. Neither the state nor any other
    33  participant in the plan shall be charged with the particular  experience
    34  attributable  to  the employees of the participant, and all dividends or
    35  retroactive rate credits shall be distributed pro-rata  based  upon  the
    36  number of employees of such participant covered by the plan.
    37    § 7. This act shall take effect immediately.
 
    38                                   PART T
 
    39    Section  1. Section 1370 of the public health law is amended by adding
    40  a new subdivision 8 to read as follows:
    41    8. "Owner" means and includes the owner or owners of the  freehold  of
    42  the  premises  or  lesser  estate  therein,  a  mortgagee  or  vendee in
    43  possession, assignee of  rents,  receiver,  executor,  trustee,  lessee,
    44  agent,  or any other person, firm or corporation, directly or indirectly
    45  in control of a dwelling.
    46    § 2. The public health law is amended by adding a new section 1377  to
    47  read as follows:
    48    §  1377.  State  rental registry and proactive inspections to identify
    49  lead hazards. 1. The department shall, in consultation with the division
    50  of housing and community renewal, develop a registry for all residential
    51  dwellings with two or more units built prior to nineteen hundred  eighty
    52  which,  by  virtue  of their property class designation, are potentially
    53  eligible for rental, lease, let or hiring out, and  are  located  within
    54  communities  of  concern  as identified by the department. Such registry

        S. 4007--C                         129                        A. 3007--C
 
     1  shall only include qualifying residential dwellings outside a city  with
     2  a population of one million people or more. The department shall utilize
     3  all available property information to develop the registry including but
     4  not  limited  to  information  from tax assessment rolls and information
     5  from property records in the office in which instruments affecting  real
     6  property in the county are recorded.
     7    2.  The department, or their designee, shall provide written notice to
     8  the owners of  residential  dwellings  qualifying  for  registration  in
     9  accordance  with  this section within sixty days of the effectiveness of
    10  such registry.
    11    3. Owners of all residential dwellings qualifying for registration  in
    12  accordance  with  this  section  shall  certify  as  free  of lead paint
    13  hazards, in accordance with subdivision seven of this  section  and  the
    14  regulations  promulgated  thereunder.  Inspection certifications must be
    15  submitted by the owner to the local health department or their  designee
    16  for  recording  in  the rental registry by October first of the year the
    17  certification is due.
    18    4. The department, or their designee, shall provide owners of qualify-
    19  ing residential dwellings a minimum of two notices prior to the deadline
    20  to submit a certification, not including the notification under subdivi-
    21  sion two of this section. Such  notice  shall  include  information  for
    22  owners to notify the department or their designee a residential dwelling
    23  is  not  eligible for rental, lease, let or hiring out and are therefore
    24  not required to submit a certification under this section.
    25    If an owner fails to submit a certification by the deadline, or incor-
    26  rectly asserts that they are not  required  to  submit  a  certification
    27  under  this section, the department, or their designee, shall provide an
    28  additional notice prior to taking any further action.
    29    5. The department shall establish an annual inspection and audit proc-
    30  ess which shall  review  at  least  ten  percent  of  the  certification
    31  inspections of residential dwellings qualifying for the rental registry.
    32  Such process shall include individual inspections and document review to
    33  ensure  that  owners  complied with all obligations and responsibilities
    34  under this section. Such audits shall be conducted in-person  and  shall
    35  confirm that a residential dwelling is or is not eligible for the rental
    36  registry  and  that  the  residential  dwelling  is  free  of lead paint
    37  hazards.
    38    6. The commissioner shall promulgate regulations as needed to adminis-
    39  ter, coordinate, and enforce this section.
    40    7.  The  commissioner  shall  promulgate  regulations  regarding   the
    41  inspections required to be completed pursuant to this section as well as
    42  the  certification  of  such inspections which shall include, but not be
    43  limited to: (a) the frequency of such inspections which shall be no less
    44  frequent than every three years; (b) the minimum conditions the residen-
    45  tial dwelling must meet for a valid inspection certification; (c) quali-
    46  fications for inspectors; (d) minimum standards for a standardized  form
    47  on  which  the  owner of a residential dwelling may self-certify as to a
    48  satisfactory inspection, such form shall require such owner  to  confirm
    49  such residential dwelling meets all the requirements of paragraph (b) of
    50  this  subdivision and may require such owner to submit any documentation
    51  deemed necessary by the  commissioner,  provided,  however,  such  owner
    52  shall meet the qualifications pursuant to paragraph (c) of this subdivi-
    53  sion;  (e)  alternative  methods of certification, which may include the
    54  submission of a valid and active residential occupancy permit for  which
    55  the  minimum conditions required under paragraph (b) of this subdivision
    56  were required to be met for such  issuance;  (f)  procedures  for  false

        S. 4007--C                         130                        A. 3007--C
 
     1  certifications,  upon  a finding by the department that a self-certified
     2  dwelling contains  lead  hazards;  and  (g)  any  other  information  or
     3  requirements deemed necessary by the commissioner to administer, coordi-
     4  nate, and enforce this section.
     5    8. The inspection requirements under this section shall, at a minimum,
     6  include  visual  inspections for deteriorated   paint   and outdoor soil
     7  conditions, as well as the collection of dust wipe samples  obtained  in
     8  accordance  with United States Environmental Protection Agency protocols
     9  for such procedures.
    10    9. Remediation of  lead-based  paint  hazards  must  be  conducted  in
    11  compliance  with  all  municipal  requirements and specific requirements
    12  specified in regulation.
    13    10. A failure to file or filing a false certificate as required  under
    14  this section shall be subject to civil penalties under section twelve of
    15  this chapter, in addition to any penalties that may apply.
    16    11. The commissioner shall, on or before December thirty-first in each
    17  year,  beginning  the  calendar  year  after  the effective date of this
    18  section, submit a report to the governor, the temporary president of the
    19  senate, and the speaker of the assembly on the activity and  implementa-
    20  tion  of  this section. Such report shall include but not be limited to:
    21  the number of residential properties qualifying  for  registration,  the
    22  number  of  properties  required  to submit inspection certifications by
    23  October first of such year,  the  number  of  inspection  certifications
    24  submitted  by  October  first  of  such  year, the number of inspections
    25  conducted pursuant to the audit process established in subdivision  five
    26  of  this section, the results of the audit process established in subdi-
    27  vision five of this section, and such other information as  the  commis-
    28  sioner  determines. The information provided in the report shall reflect
    29  statewide activities in the aggregate and activities for each  community
    30  of concern.
    31    §  3. Paragraphs h and i of subdivision 1 of section 381 of the execu-
    32  tive law, as added by chapter 560 of the laws of 2010, are amended and a
    33  new paragraph j is added to read as follows:
    34    h. minimum basic training and  in-service  training  requirements  for
    35  personnel charged with administration and enforcement of the state ener-
    36  gy conservation construction code; [and]
    37    i.  standards and procedures for measuring the rate of compliance with
    38  the state energy conservation construction code, and provisions  requir-
    39  ing that such rate of compliance be measured on an annual basis[.]; and
    40    j.  procedures  requiring  the  documentation of compliance with regu-
    41  lations adopted pursuant to section thirteen  hundred  seventy-seven  of
    42  the  public  health  law  as a condition to issuance of a certificate of
    43  occupancy or certificate of compliance following a periodic fire  safety
    44  and property maintenance inspection for multiple dwellings.
    45    §  4.  This  act  shall  take effect thirty months after it shall have
    46  become a law; provided, however, sections one and two of this act  shall
    47  expire  and be deemed repealed three years after such date; and provided
    48  further, however, section three of this  act  shall  take  effect  three
    49  years  after  it  shall  have become a law.   Effective immediately, the
    50  addition, amendment, and/or repeal of any rule or  regulation  necessary
    51  for  the  timely  implementation  of this act on or before its effective
    52  date are authorized to be made and completed on or before such effective
    53  date.
 
    54                                   PART U

        S. 4007--C                         131                        A. 3007--C
 
     1    Section 1.   The general business law  is  amended  by  adding  a  new
     2  section 394-f to read as follows:
     3    §  394-f. Warrants for reproductive health related electronic data. 1.
     4  For the purposes of this section, the following  terms  shall  have  the
     5  following meanings:
     6    a.  "Electronic  communication"  means any transfer of signs, signals,
     7  writing, images, sounds, data, or intelligence of any nature transmitted
     8  in whole or in part by a wire, radio,  electromagnetic,  photoelectronic
     9  or photo-optical system; provided, however, such term shall not include:
    10    i. any telephonic or telegraphic communication.
    11    ii. any communication made through a tone only paging device.
    12    iii. any communication made through a tracking device consisting of an
    13  electronic  or mechanical device which permits the tracking of the move-
    14  ment of a person or object.
    15    iv. any communication that is disseminated by  the  sender  through  a
    16  method  of transmission that is configured so that such communication is
    17  readily accessible to the public.
    18    b.  "Electronic  communication  services"  means  any  service   which
    19  provides  to  users thereof the ability to send or receive wire or elec-
    20  tronic communications.
    21    c. "Prohibited violation" means any civil or criminal offense  defined
    22  under the laws of another state that creates civil or criminal liability
    23  or  any theory of vicarious, joint, several or conspiracy liability for,
    24  in whole or in part based on or arising out of, either of the following,
    25  unless such out-of-state proceeding i. sounds in tort or  contract;  ii.
    26  is  actionable,  in  an  equivalent or similar manner, under the laws of
    27  this state; or iii. was brought by the patient who received reproductive
    28  health care, or the patient's legal representative:
    29    (1) providing, facilitating, or  obtaining  reproductive  health  care
    30  services that are lawful under New York law; or
    31    (2)  intending  or attempting to provide, facilitate, or obtain repro-
    32  ductive health care services that are lawful under New York law.
    33    d. "Reproductive health care services" means any services  related  to
    34  the  performance  or  aiding  within  the  performance  of  an  abortion
    35  performed within this state that is performed  in  accordance  with  the
    36  applicable  law of this state, ending, seeking to end, or aiding another
    37  in ending their pregnancy within this state, or procuring or  aiding  in
    38  the procurement of an abortion within this state.
    39    2.  Any  person or entity that is headquartered or incorporated in New
    40  York that provides electronic communications  services  to  the  general
    41  public, when, in New York, served with a warrant issued by another state
    42  to  produce  records  in  New York that would reveal the identity of the
    43  customers using those services, data stored  by  or  on  behalf  of  the
    44  customers,  the  customers'  usage  of  those services, the recipient or
    45  destination of communications sent to or from those  customers,  or  the
    46  content  of  those  communications, shall not produce those records when
    47  the corporation knows that the warrant relates to an investigation into,
    48  or enforcement of, a prohibited violation.
    49    3. Any person or entity that is headquartered or incorporated  in  New
    50  York  may  comply with a warrant as described in subdivision two of this
    51  section if the warrant is accompanied by  an  attestation  made  by  the
    52  entity seeking the records that the evidence sought is not related to an
    53  investigation into, or enforcement of, a prohibited violation.
    54    4.  The  attorney  general  may  commence a civil action to compel any
    55  corporation headquartered or incorporated  in  New  York  that  provides

        S. 4007--C                         132                        A. 3007--C
 
     1  electronic  communications  services or remote computing services to the
     2  general public to comply with the provisions of this section.
     3    § 2. The general business law is amended by adding a new section 394-g
     4  to read as follows:
     5    § 394-g. Geofencing of health care facilities.  1. For the purposes of
     6  this section, the following terms shall have the following meanings:
     7    a.  "Digital advertisement" means any communication delivered by elec-
     8  tronic means that is intended to be used for the purposes of  marketing,
     9  solicitation, or dissemination of information related, directly or indi-
    10  rectly,  to  goods  or  services provided by the digital advertiser or a
    11  third party.
    12    b. "Geofencing" means a technology that uses global positioning system
    13  coordinates, cell tower connectivity,  cellular  data,  radio  frequency
    14  identification,  Wi-Fi data and/or any other form of location detection,
    15  to  establish  a  virtual  boundary of one thousand eight hundred  fifty
    16  feet  radius  or  less or   "geofence" around a particular location that
    17  allows  a  digital  advertiser  to  track  the location of  an  individ-
    18  ual  user  and  electronically deliver targeted  digital  advertisements
    19  directly  to such user's mobile device  upon  such user's entry into the
    20  geofenced area.   This shall also include  the  process  of  identifying
    21  whether  a  device enters, exits, or is present within a geographic area
    22  through the use of any information stored, transmitted, or  received  by
    23  the  device,  including but not limited to latitude, longitude, internet
    24  protocol address,  wireless  internet  access  information,  cell  tower
    25  connectivity,  device  identification  information and/or other forms of
    26  location data.
    27    c. "Health care facility" means any  governmental  or  private  entity
    28  that provides medical care or related services, including but not limit-
    29  ed  to,  those who provide such care pursuant to article twenty-eight of
    30  the public health law or licensed under article  thirty-one,  thirty-two
    31  or  sixteen  of the mental hygiene law, including the building or struc-
    32  ture in which the facility is located.
    33    d. "User" means a natural person who owns or uses a mobile  device  or
    34  any  other  connected  electronic  device  capable  of receiving digital
    35  advertisements.
    36    2. It shall be unlawful for any person, corporation,  partnership,  or
    37  association  to  establish a geofence or similar virtual boundary around
    38  any health care facility, other than their own health care facility,  as
    39  defined  pursuant to paragraph c of subdivision one of this section, for
    40  the purpose of delivering by electronic means a digital advertisement to
    41  a user, for the purpose of  building  consumer  profiles,  or  to  infer
    42  health  status, medical condition, or medical treatment of any person at
    43  or within such health care facility, and it shall be  unlawful  for  any
    44  person, corporation, partnership, or association to deliver by electron-
    45  ic  means  any  digital  advertisement  to  a user at or within any such
    46  health care facility, other than their own health care facility, through
    47  the use of geofencing or similar virtual boundary.
    48    § 3.  The general business law is amended  by  adding  a  new  section
    49  394-h to read as follows:
    50    §  394-h.  Electronic  health  information  protections.    1. For the
    51  purposes of this section, the following terms shall have  the  following
    52  meanings:
    53    a. Electronic health information. The term "electronic health informa-
    54  tion"  means  any  information  in  any  electronic format or media that
    55  relates to an individual or a device that is reasonably linkable  to  an
    56  individual  or  individuals  in  connection  with  any past, present, or

        S. 4007--C                         133                        A. 3007--C
 
     1  future disability, physical health condition,  or mental  health  condi-
     2  tion;  the  search  for  or attempt to obtain health care services;  any
     3  past, present, or future treatment or other health care services  for  a
     4  disability,  physical  health  condition,  or   mental health condition;
     5  location information associated with a  health  care  facility;  or  the
     6  past,  present,  or  future payment for health   care services.  For the
     7  avoidance of  doubt,  any inference drawn or data derived about an indi-
     8  vidual or a device that is reasonably linkable  to  an    individual  or
     9  individuals that relates to any of these topics in any electronic format
    10  or  media is considered electronic health information. Electronic health
    11  information does not include deidentified information.
    12    b.  Law   enforcement  agency. The term "law enforcement agency" shall
    13  have the same meaning as in subdivision four of section  705.00  of  the
    14  criminal procedure law.
    15    c. Law enforcement officer. The term "law enforcement officer" means a
    16  police   officer   or   peace  officer as defined in section 1.20 of the
    17  criminal procedure law.
    18    2. Prohibition on access to electronic health information.    Notwith-
    19  standing  any  other  law,  law enforcement agencies and law enforcement
    20  officers shall be prohibited from  purchasing  or  obtaining  electronic
    21  health information without a warrant.
    22    3. Exemptions. Nothing in this article shall apply to:
    23    a. Information processed by local, state, and federal governments, and
    24  municipal corporations;
    25    b.  Protected health information that is collected by a covered entity
    26  or business associate governed by  the   privacy, security,  and  breach
    27  notification  rules issued by the United States Department of Health and
    28  Human Services, Parts 160 and 164 of Title 45 of  the  Code  of  Federal
    29  Regulations,  established   pursuant to the Health Insurance Portability
    30  and Accountability Act of 1996  (Public  Law   104-191) and  the  Health
    31  Information  Technology for Economic and Clinical Health Act (Public Law
    32  111-5);
    33    c.  Any  covered  entity governed by the privacy, security, and breach
    34  notification  rules issued by the United States Department of Health and
    35  Human Services, Parts 160 and 164 of Title 45 of  the  Code  of  Federal
    36  Regulations,  established  pursuant  to the Health Insurance Portability
    37  and Accountability Act of 1996 (Public Law 104-191), to the  extent  the
    38  covered  entity  maintains  patient  information  in  the same manner as
    39  protected health information as described in  paragraph b of this subdi-
    40  vision;
    41    d.  Information collected as part of a clinical trial subject  to  the
    42  Federal Policy for the Protection of Human Subjects, also known  as  the
    43  Common Rule, pursuant to good clinical practice guidelines issued by the
    44  International  Council  for  Harmonisation  or pursuant to human subject
    45  protection  requirements of the United  States  Food  and  Drug Adminis-
    46  tration;
    47    e. Information  processed  pursuant to the federal Family  Educational
    48  Rights and Privacy Act (20 U.S.C. Sec. 1232g) and its implementing regu-
    49  lations;
    50    f.  Information  processed  pursuant to section two-d of the education
    51  law; and
    52    g. Information  processed  pursuant  to  the federal Driver's  Privacy
    53  Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq).
    54    § 4. Severability. If any provision of this article or the application
    55  thereof  to  any person or circumstances is held invalid, the invalidity
    56  thereof shall not affect other provisions or applications of the article

        S. 4007--C                         134                        A. 3007--C
 
     1  which can be given effect without the invalid provision or  application,
     2  and to this end the provisions of this article are severable.
     3    §  5.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law.
 
     5                                   PART V
 
     6                            Intentionally Omitted
 
     7                                   PART W
 
     8    Section 1.  Subdivision b of section 12 of chapter 471 of the laws  of
     9  2016  amending  the  education law and the public health law relating to
    10  authorizing certain  advanced  home  health  aides  to  perform  certain
    11  advanced tasks, is amended to read as follows:
    12    b. this act shall expire and be deemed repealed March 31, [2023] 2029.
    13    §  2.  This  act  shall take effect immediately and shall be deemed to
    14  have been in full force and effect on and after April 1, 2023.
 
    15                                   PART X

    16    Section 1. The public health law is amended by adding  a  new  article
    17  29-K to read as follows:
    18                                ARTICLE 29-K
    19     REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES AND HEALTH
    20                          CARE TECHNOLOGY PLATFORMS
    21  Section 2999-ii. Definitions.
    22          2999-jj. Registration  of  temporary  health care services agen-
    23                     cies; requirements.
    24          2999-kk. Temporary health care services agencies; minimum stand-
    25                     ards.
    26          2999-ll. Violations; penalties.
    27          2999-mm. Rates for temporary health care services; reports.
    28    § 2999-ii. Definitions. For the purposes of this article:
    29    1. "Certified nurse aide" means a person included in the nursing  home
    30  nurse  aide registry pursuant to section twenty-eight hundred three-j of
    31  this chapter as added by chapter seven hundred seventeen of the laws  of
    32  nineteen hundred eighty-nine.
    33    2.  "Controlling  person" means a person, officer, program administra-
    34  tor, or director whose responsibilities include  the  direction  of  the
    35  management  or  policies  of  a  temporary  health care services agency.
    36  "Controlling person" also means an  individual  who,  directly  owns  at
    37  least  ten  percent  voting  interest  in a corporation, partnership, or
    38  other business entity that is a controlling person.
    39    3. "Health care entity" means an  agency,  corporation,  facility,  or
    40  individual providing medical or health care services.
    41    4.  "Health  care  personnel"  means nurses, certified nurse aides and
    42  licensed or unlicensed direct  care  staff  provided  by  the  temporary
    43  health  care  services  agency to provide temporary services in a health
    44  care entity.
    45    5. "Nurse" means a registered professional nurse, or a licensed  prac-
    46  tical  nurse as defined by article one hundred thirty-nine of the educa-
    47  tion law.
    48    6. "Direct care worker" means an individual  who  is  responsible  for
    49  patient/resident handling or patient/resident assessment as a regular or

        S. 4007--C                         135                        A. 3007--C

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

        S. 4007--C                         136                        A. 3007--C
 
     1  department has reason to believe that the books or records do not  accu-
     2  rately  reflect the financial condition or financial transactions of the
     3  agency.
     4    (g)  Shall  comply with any additional requirements the department may
     5  deem necessary.
     6    4. A registration issued by the commissioner according to this section
     7  shall be effective for a period of one year, unless the registration  is
     8  revoked  or  suspended,  or  unless ownership interest of ten percent or
     9  more, or management of the temporary health  care  services  agency,  is
    10  sold  or transferred. When ownership interest of ten percent or more, or
    11  management of a temporary health care services agency is sold or  trans-
    12  ferred,  the  registration  of  the agency may be transferred to the new
    13  owner or operator for thirty days, or until the new  owner  or  operator
    14  applies  and is granted or denied a new registration, whichever is soon-
    15  er.
    16    5.  The  commissioner  may,  after  appropriate  notice  and  hearing,
    17  suspend,  revoke,  or refuse to issue or renew any registration or issue
    18  any fines established pursuant to section  twenty-nine  hundred  ninety-
    19  nine-ll of this article if the applicant fails to comply with this arti-
    20  cle or any guidelines, rules and regulations promulgated thereunder.
    21    6.  The  commissioner  shall make available a list of temporary health
    22  care services agencies registered with the  department  on  the  depart-
    23  ment's public website.
    24    7.  The  department shall publish a quarterly report containing aggre-
    25  gated and de-identified data collected pursuant to this article  on  the
    26  department's website.
    27    8. The department, in consultation with the department of labor, shall
    28  provide  a  report  to the governor and legislature on or before January
    29  first, two thousand twenty-four, summarizing the  key  findings  of  the
    30  data  collected  pursuant  to this article. The department shall further
    31  have authority to utilize any data collected pursuant  to  this  article
    32  for  additional purposes consistent with this chapter, including but not
    33  limited to determinations of whether an acute labor shortage exists,  or
    34  any other purpose the department deems necessary for health care related
    35  data purposes.
    36    9. The attorney general may, upon the request of the department, bring
    37  an  action  for  an  injunction  against  any  person  who  violates any
    38  provision of this article; provided, the department  shall  furnish  the
    39  attorney  general with such material, evidentiary matter or proof as may
    40  be requested by the attorney general for the prosecution of such action.
    41    § 2999-kk. Temporary health care services agencies; minimum standards.
    42  1.  A temporary health care services agency shall appoint an administra-
    43  tor qualified by training, experience or education to operate the  agen-
    44  cy.  Each separate agency location shall have its own administrator.
    45    2.    A temporary health care services agency shall maintain a written
    46  agreement or contract with each health care entity, which shall include,
    47  at a minimum:
    48    (a) The required minimum licensing, training, and continuing education
    49  requirements for each assigned health care personnel.
    50    (b) Any requirement for minimum advance  notice  in  order  to  ensure
    51  prompt arrival of assigned health care personnel.
    52    (c)  The  maximum rates that can be billed or charged by the temporary
    53  health care services agency  pursuant  to  section  twenty-nine  hundred
    54  ninety-nine-mm of this article and any applicable regulations.
    55    (d)  The  rates  to  be  charged by the temporary health care services
    56  agency.

        S. 4007--C                         137                        A. 3007--C
 
     1    (e) Procedures for the  investigation  and  resolution  of  complaints
     2  about  the  performance of temporary health care services agency person-
     3  nel.
     4    (f)  Procedures  for  notice  from  health care entities of failure of
     5  medical personnel to report to assignments.
     6    (g) Procedures for notice of actual or suspected abuse, theft, tamper-
     7  ing or other diversion of controlled substances by medical personnel.
     8    (h) The types and qualifications of health  care  personnel  available
     9  for assignment through the temporary health care services agency.
    10    3. A temporary health care services agency shall submit to the depart-
    11  ment copies of all contracts between the agency and a health care entity
    12  to  which  it assigns or refers health care personnel, and copies of all
    13  invoices to health care entities personnel. Executed contracts  must  be
    14  sent to the department within five business days of their effective date
    15  and  are not subject to disclosure under article six of the public offi-
    16  cers law.
    17    4. The  commissioner  may  promulgate  regulations  to  implement  the
    18  requirements  of this section and to establish additional minimum stand-
    19  ards for the operation  of  temporary  health  care  services  agencies,
    20  including  but  not  limited  to  pricing,  fees,  administrative costs,
    21  profits, and business practices.
    22    5. The commissioner may waive the requirements of this article  during
    23  a declared state or federal public health emergency.
    24    § 2999-ll. Violations; penalties. In addition to other remedies avail-
    25  able  by law, violations of the provisions of this article and any regu-
    26  lations promulgated thereunder shall be subject to penalties  and  fines
    27  pursuant to section twelve of this chapter; provided, however, that each
    28  violation  committed  by any health care personnel of a temporary health
    29  care services agency shall be considered a separate violation.
    30    § 2999-mm. Rates for temporary health care services; reports. A tempo-
    31  rary health care services agency shall report quarterly to  the  depart-
    32  ment a full disclosure of charges and compensation, including a schedule
    33  of  all  hourly bill rates per category of health care personnel, a full
    34  description of administrative charges, and a schedule of  rates  of  all
    35  compensation  per  category  of health care personnel including, but not
    36  limited to:
    37    1. hourly regular pay rate, shift differential, weekend  differential,
    38  hazard  pay, charge nurse add-on, overtime, holiday pay, travel or mile-
    39  age pay, and any health or other fringe benefits provided;
    40    2. the percentage of  health  care  entity  dollars  that  the  agency
    41  expended  on  temporary  personnel  wages  and  benefits compared to the
    42  temporary health care services agency's profits and other administrative
    43  costs;
    44    3. a list of the states and zip codes of their health care personnels'
    45  primary residences;
    46    4. the names of all health care entities they have  contracted  within
    47  New York state;
    48    5.  the  number  of health care personnel of the temporary health care
    49  services agency working at each entity; and
    50    6. any other information prescribed by the commissioner.
    51    § 2. This act shall take effect ninety days after it shall have become
    52  a law.
 
    53                                   PART Y

        S. 4007--C                         138                        A. 3007--C
 
     1    Section 1. This Part enacts into law major components  of  legislation
     2  relating  to  medical  debt  and  drug  prices. Each component is wholly
     3  contained within a Subpart identified  as  Subparts  A  through  D.  The
     4  effective  date  for  each  particular  provision  contained within such
     5  Subpart  is set forth in the last section of such Subpart. Any provision
     6  in any section contained within a Subpart, including the effective  date
     7  of  the  Subpart, which makes reference to a section "of this act", when
     8  used in connection with that particular component, shall  be  deemed  to
     9  mean  and  refer to the corresponding section of the Subpart in which it
    10  is found. Section three of this Part sets forth  the  general  effective
    11  date of this Part.
 
    12                                  SUBPART A
 
    13    Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac-
    14  tice  law  and  rules, subdivision (f) as amended and subdivision (j) as
    15  added by chapter 593 of the laws of 2021, subdivision (f) as  separately
    16  amended  by  chapter  831  of  the  laws of 2021, are amended to read as
    17  follows:
    18    (f) Proof. On any application for judgment by default,  the  applicant
    19  shall  file  proof  of  service  of  the summons and the complaint, or a
    20  summons and notice served pursuant to subdivision (b)  of  rule  305  or
    21  subdivision  (a)  of  rule  316  of this chapter, and proof of the facts
    22  constituting the claim, the default and the amount  due,  including,  if
    23  applicable,  a statement that the interest rate for consumer debt pursu-
    24  ant to section five thousand four of this chapter applies, by  affidavit
    25  made  by  the party, or where the state of New York is the plaintiff, by
    26  affidavit made by an attorney from the office of  the  attorney  general
    27  who  has  or  obtains  knowledge  of  such facts through review of state
    28  records or otherwise. Where a verified complaint has been served, it may
    29  be used as the affidavit of the facts constituting  the  claim  and  the
    30  amount  due;  in such case, an affidavit as to the default shall be made
    31  by the party or the party's attorney. In an  action  arising  out  of  a
    32  consumer credit transaction, if the plaintiff is not the original credi-
    33  tor, the applicant shall include: (1) an affidavit by the original cred-
    34  itor  of  the  facts  constituting the debt, the default in payment, the
    35  sale or assignment of the debt, and the amount due at the time  of  sale
    36  or assignment; (2) for each subsequent assignment or sale of the debt to
    37  another  entity,  an  affidavit  of sale of the debt by the debt seller,
    38  completed by the seller or assignor; and (3) an affidavit of  a  witness
    39  of the plaintiff, which includes a chain of title of the debt, completed
    40  by  the  plaintiff  or  plaintiff's  witness.  In an action arising from
    41  medical debt, if the plaintiff is not a hospital licensed under  article
    42  twenty-eight  of  the  public  health  law or a health care professional
    43  authorized under title eight of the education law, the  applicant  shall
    44  include: (1) an affidavit by the hospital or health care professional of
    45  the  facts  constituting  the  medical debt, the default in payment, the
    46  sale or assignment of the medical debt, and the amount due at  the  time
    47  of sale or assignment; (2) for each subsequent assignment or sale of the
    48  medical debt to another entity, an affidavit of sale of the medical debt
    49  by  the  debt  seller,  completed  by the seller or assignor; and (3) an
    50  affidavit of a witness of the plaintiff, which includes a chain of title
    51  of the medical debt, completed by the plaintiff or plaintiff's  witness.
    52  The  chief  administrative  judge shall issue form affidavits to satisfy
    53  the requirements of this subdivision for  consumer  credit  transactions
    54  and  actions arising from medical debt. When jurisdiction is based on an

        S. 4007--C                         139                        A. 3007--C
 
     1  attachment of property, the  affidavit  must  state  that  an  order  of
     2  attachment  granted in the action has been levied on the property of the
     3  defendant, describe the property and state its value. Proof  of  mailing
     4  the  notice  required by subdivision (g) of this section, where applica-
     5  ble, shall also be filed.
     6    (j) Affidavit. A request for a default judgment entered by the  clerk,
     7  must  be  accompanied  by  an  affidavit by the plaintiff or plaintiff's
     8  attorney stating that after reasonable inquiry, he or she has reason  to
     9  believe  that  the  statute  of  limitations  has not expired. The chief
    10  administrative judge shall issue form affidavits to satisfy the require-
    11  ments of this subdivision for consumer credit transactions  and  actions
    12  arising from medical debt.
    13    §  2.  Subdivision 2 of section 212 of the judiciary law is amended by
    14  adding a new paragraph (cc) to read as follows:
    15    (cc) Make available form affidavits required for a motion for  default
    16  judgment  in an action arising from medical debt as required by subdivi-
    17  sion (f) of section thirty-two hundred fifteen of the civil practice law
    18  and rules.
    19    § 3. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law.

    21                                  SUBPART B
 
    22                            Intentionally Omitted
 
    23                                  SUBPART C
 
    24    Section 1. Subdivision 9 of section 2807-k of the public  health  law,
    25  as amended by section 17 of part B of chapter 60 of the laws of 2014, is
    26  amended to read as follows:
    27    9.  In order for a general hospital to participate in the distribution
    28  of funds from the pool, the  general  hospital  must  implement  minimum
    29  collection policies and procedures approved by the commissioner, utiliz-
    30  ing  only  a uniform financial assistance form developed and provided by
    31  the department.
    32    § 2. This act shall take effect April 1, 2024.
 
    33                                  SUBPART D
 
    34    Section 1.  Legislative findings.  The legislature finds that it is in
    35  the best interest of the people of this state to expand  article  77  of
    36  the  insurance law to protect insureds and health care providers against
    37  the failure or inability of a health or property/casualty insurer  writ-
    38  ing  health  insurance  to  perform  its  contractual obligations due to
    39  financial impairment or insolvency.   The  superintendent  of  financial
    40  services  has  the right and responsibility to enforce the insurance law
    41  and the authority to seek redress against any person responsible for the
    42  impairment or insolvency of the insurer, and  nothing  in  this  act  is
    43  intended to restrict or limit such right, responsibility, or authority.
    44    § 2.  The article heading of article 77 of the insurance law, as added
    45  by chapter 802 of the laws of 1985, is amended to read as follows:
    46                     THE LIFE AND HEALTH INSURANCE COMPANY
    47                            GUARANTY CORPORATION
    48                               OF NEW YORK ACT
    49    § 3. Section 7701 of the insurance law, as added by chapter 802 of the
    50  laws of 1985, is amended to read as follows:

        S. 4007--C                         140                        A. 3007--C
 
     1    §  7701.  Short title. This article shall be known and may be cited as
     2  "The Life and Health Insurance Company Guaranty Corporation of New  York
     3  Act".
     4    §  4.  Section 7702 of the insurance law, as amended by chapter 454 of
     5  the laws of 2014, is amended to read as follows:
     6    § 7702. Purpose. The purpose of this article is to  provide  funds  to
     7  protect  policy  owners, insureds, health care providers, beneficiaries,
     8  annuitants, payees and assignees  of  life  insurance  policies,  health
     9  insurance  policies,  annuity  contracts, funding agreements and supple-
    10  mental contracts issued by life insurance  companies,  health  insurance
    11  companies, and property/casualty insurance companies, subject to certain
    12  limitations,  against  failure  in  the performance of contractual obli-
    13  gations due to the impairment or insolvency of the insurer issuing  such
    14  policies,  contracts,  or  funding  agreements.  In  the judgment of the
    15  legislature, the foregoing objects and purposes  not  being  capable  of
    16  accomplishment by a corporation created under general laws, the creation
    17  of  a  not-for-profit  corporation  of  insurers is provided for by this
    18  article to enable the guarantee of payment of benefits and of  continua-
    19  tion of coverages, and members of the corporation are subject to assess-
    20  ment to carry out the purposes of this article.
    21    §  5.  Paragraphs  1  and  2  of subsection (a) of section 7703 of the
    22  insurance law, as added by chapter 454 of the laws of 2014, are  amended
    23  to read as follows:
    24    (1) This article shall apply to direct life insurance policies, health
    25  insurance  policies,  annuity contracts, funding agreements, and supple-
    26  mental contracts issued by a life insurance  company,  health  insurance
    27  company,  or  property/casualty  insurance  company licensed to transact
    28  life or health insurance or annuities in this  state  at  the  time  the
    29  policy,  contract,  or  funding  agreement  was issued or on the date of
    30  entry of a court order of liquidation or rehabilitation with respect  to
    31  such a company that is an impaired or insolvent insurer, as the case may
    32  be.
    33    (2)  Except  as otherwise provided in this section, this article shall
    34  apply to the policies, contracts, and funding  agreements  specified  in
    35  paragraph one of this subsection with regard to a person who is:
    36    (A)  an owner or certificate holder under a policy, contract, or fund-
    37  ing agreement and in each case who:
    38    (i) is a resident of this state; or
    39    (ii) is not a resident of this  state,  but  only  under  all  of  the
    40  following conditions:
    41    (I)  the  insurer  that  issued  the policy, contract, or agreement is
    42  domiciled in this state;
    43    (II) the state or states in which the person resides  has  or  have  a
    44  guaranty entity similar to the corporation created by this article; and
    45    (III)  the person is not eligible for coverage by a guaranty entity in
    46  any other state because the insurer was not licensed  or  authorized  in
    47  that  state  at  the time specified in that state's guaranty entity law;
    48  [or]
    49    (B) the beneficiary, assignee, or payee of  the  person  specified  in
    50  subparagraph  (A)  of  this  paragraph,  regardless  of where the person
    51  resides; or
    52    (C) a health care provider that has  rendered  services  to  a  person
    53  specified in subparagraph (A) of this paragraph.
    54    §  6.  Subsections  (c),  (d), (e), (h) and (i) of section 7705 of the
    55  insurance law, subsections (c), (e) and (i) as added by chapter  802  of
    56  the  laws  of 1985 and subsections (d) and (h) as amended by chapter 454

        S. 4007--C                         141                        A. 3007--C
 
     1  of the laws of 2014, are amended and a new subsection (m)  is  added  to
     2  read as follows:
     3    (c) "Corporation" means The Life and Health Insurance Company Guaranty
     4  Corporation  of  New  York  created  under  section seven thousand seven
     5  hundred six of this article unless the context otherwise requires.
     6    (d) "Covered policy" means any of the kinds of insurance specified  in
     7  paragraph  one,  two  or three of subsection (a) of section one thousand
     8  one hundred thirteen of this chapter, any supplemental contract, or  any
     9  funding  agreement  referred  to  in  section three thousand two hundred
    10  twenty-two of this chapter, or any portion or part thereof,  within  the
    11  scope  of  this article under section seven thousand seven hundred three
    12  of this article, except that any certificate  issued  to  an  individual
    13  under  any group or blanket policy or contract shall be considered to be
    14  a separate covered policy for purposes of section seven  thousand  seven
    15  hundred eight of this article.
    16    (e) "Health  insurance"  means  the kinds of insurance specified under
    17  items (i) and (ii)  of  paragraph  three  and  paragraph  thirty-one  of
    18  subsection  (a)  of  section  one  thousand one hundred thirteen of this
    19  chapter, and section one thousand one hundred seventeen of this chapter;
    20  medical expense indemnity, dental expense indemnity,  hospital  service,
    21  or health service under article forty-three of this chapter; and compre-
    22  hensive  health  services  under article forty-four of the public health
    23  law.  "Health insurance" shall not include hospital, medical,  surgical,
    24  prescription  drug, or other health care benefits pursuant to:  (1) part
    25  C of title XVIII of the social security act (42  U.S.C.  §  1395w-21  et
    26  seq.)  or  part D of title XVIII of the social security act (42 U.S.C. §
    27  1395w-101 et seq.), commonly known as Medicare parts C  and  D,  or  any
    28  regulations promulgated thereunder; (2) titles XIX and XXI of the social
    29  security act (42 U.S.C.  § 1396 et seq.), commonly known as the Medicaid
    30  and  child  health  insurance  programs,  or any regulations promulgated
    31  thereunder; (3) the basic health program  under  section  three  hundred
    32  sixty-nine-gg  of  the social services law; (4) chapter 55 of part II of
    33  subtitle A of title X (10 U.S.C  §§  1071-1110(b)),  commonly  known  as
    34  TRICARE,  or any regulations promulgated thereunder; or (5) subpart G of
    35  part III of title V (5 U.S.C.  §§  8101-9009),  commonly  known  as  the
    36  Federal Employees Program, or any regulations promulgated thereunder.
    37    (h)  (1) "Member insurer" means:
    38    (A)  any life insurance company licensed to transact in this state any
    39  kind of insurance to which this  article  applies  under  section  seven
    40  thousand  seven  hundred  three of this article; provided, however, that
    41  the term "member insurer" also means any life insurance company formerly
    42  licensed to transact in this state any kind of insurance to  which  this
    43  article applies under section seven thousand seven hundred three of this
    44  article; and
    45    (B)  an  insurer  licensed  or formerly licensed to write accident and
    46  health insurance or salary protection insurance in  this  state,  corpo-
    47  ration organized pursuant to article forty-three of this chapter, recip-
    48  rocal  insurer  organized pursuant to article sixty-one of this chapter,
    49  cooperative  property/casualty  insurance  company  operating  under  or
    50  subject    to    article    sixty-six   of   this   chapter,   nonprofit
    51  property/casualty  insurance  company  organized  pursuant  to   article
    52  sixty-seven  of this chapter, and health maintenance organization certi-
    53  fied pursuant to article forty-four of the public health law.
    54    (2) "Member insurer" shall not include a municipal cooperative  health
    55  benefit  plan  established pursuant to article forty-seven of this chap-
    56  ter, an employee welfare fund registered  under  article  forty-four  of

        S. 4007--C                         142                        A. 3007--C

     1  this  chapter,  a  fraternal  benefit  society  organized  under article
     2  forty-five of this chapter, an institution of higher  education  with  a
     3  certificate  of authority under section one thousand one hundred twenty-
     4  four  of  this chapter, or a continuing care retirement community with a
     5  certificate of authority under article forty-six or forty-six-A  of  the
     6  public health law.
     7    (i) "Premiums"  means  direct gross insurance premiums and annuity and
     8  funding agreement considerations  received  on  covered  policies,  less
     9  return premiums and considerations thereon and dividends paid or credit-
    10  ed to policyholders or contract holders on such direct business, subject
    11  to  such modifications as the superintendent may establish by regulation
    12  or order as necessary to facilitate the equitable administration of this
    13  article.   Premiums  do  not  include  premiums  and  considerations  on
    14  contracts between insurers and reinsurers. For the purposes of determin-
    15  ing  the  assessment for an insurer under this article, the term "premi-
    16  ums", with respect to a group annuity contract (or portion of  any  such
    17  contract) that does not guarantee annuity benefits to any specific indi-
    18  vidual identified in the contract and with respect to any funding agree-
    19  ment  issued to fund benefits under any employee benefit plan, means the
    20  lesser of one million  dollars  or  the  premium  attributable  to  that
    21  portion  of  such group contract that does not guarantee benefits to any
    22  specific individuals or such agreements that  fund  benefits  under  any
    23  employee benefit plan.
    24    (m)  "Long-term  care  insurance" means an insurance policy, rider, or
    25  certificate advertised, marketed, offered, or designed to provide cover-
    26  age, subject to eligibility requirements, for not less than  twenty-four
    27  consecutive  months  for  each  covered  person  on an expense incurred,
    28  indemnity, prepaid or other basis and provides at least the benefits set
    29  forth in part fifty-two of title eleven of the official  compilation  of
    30  codes, rules and regulations of this state.
    31    § 7.  Subsection (a) of section 7706 of the insurance law, as added by
    32  chapter 802 of the laws of 1985, is amended to read as follows:
    33    (a)  There is created a not-for-profit corporation to be known as "The
    34  Life and Health Insurance Company Guaranty Corporation of New York".  To
    35  the  extent that the provisions of the not-for-profit corporation law do
    36  not conflict with the provisions of this article or the plan  of  opera-
    37  tion  of  the  corporation  hereunder the not-for-profit corporation law
    38  shall apply to the corporation and the corporation shall  be  a  type  C
    39  corporation pursuant to the not-for-profit corporation law. If an appli-
    40  cable  provision  of this article or the plan of operation of the corpo-
    41  ration hereunder relates to a matter embraced  in  a  provision  of  the
    42  not-for-profit  corporation  law  but is not in conflict therewith, both
    43  provisions shall apply. All member insurers shall be and remain  members
    44  of  the corporation as a condition of their authority to transact insur-
    45  ance in this state. The corporation shall perform  its  functions  under
    46  the plan of operation established and approved under section seven thou-
    47  sand  seven  hundred  ten  of this article and shall exercise its powers
    48  through a board of directors established under  section  seven  thousand
    49  seven  hundred seven of this article. For purposes of administration and
    50  assessment the corporation shall maintain two accounts:
    51    (1) the health insurance account; and
    52    (2) the life insurance, annuity and funding agreement account.
    53    § 8. Subsection (d) of section 7707 of the insurance law, as added  by
    54  chapter 802 of the laws of 1985, is amended to read as follows:
    55    (d)  The  superintendent  shall  be ex-officio [chairman] chair of the
    56  board of directors but shall not be entitled to vote.

        S. 4007--C                         143                        A. 3007--C
 
     1    § 9. Paragraph 7 of subsection (h) of section 7708  of  the  insurance
     2  law,  as  amended by chapter 454 of the laws of 2014, is amended to read
     3  as follows:
     4    (7)  exercise,  for  the  purposes  of  this article and to the extent
     5  approved by the superintendent, the powers of a domestic  life,  health,
     6  or  property/casualty  insurance  company, but in no case may the corpo-
     7  ration issue insurance policies or contracts or annuity contracts  other
     8  than those issued to perform the contractual obligations of the impaired
     9  or insolvent insurer;
    10    §  10.  Paragraph 2 of subsection (c) of section 7709 of the insurance
    11  law, as added by chapter 802 of the laws of 1985, is amended to read  as
    12  follows:
    13    (2)  The  amount  of  any  class  B  or class C assessment, except for
    14  assessments related to long-term care insurance, shall be allocated  for
    15  assessment purposes among the accounts in the proportion that the premi-
    16  ums  received  by  the  impaired or insolvent insurer on the policies or
    17  contracts covered by each account for the last calendar  year  preceding
    18  the  assessment  in  which  the  impaired  or insolvent insurer received
    19  premiums bears to the premiums received by such insurer for such  calen-
    20  dar  year  on all covered policies. The amount of any class B or class C
    21  assessment for long-term care  insurance  written  by  the  impaired  or
    22  insolvent insurer shall be allocated according to a methodology included
    23  in the plan of operation and approved by the superintendent. The method-
    24  ology  shall provide for fifty percent of the assessment to be allocated
    25  to  health insurance company member insurers and  fifty  percent  to  be
    26  allocated  to life insurance company member insurers; provided, however,
    27  that a property/casualty insurer that writes health insurance  shall  be
    28  considered  a  health insurance company member for this purpose. Class B
    29  and class C assessments against member insurers for each  account  shall
    30  be  in  the  proportion  that  the premiums received on business in this
    31  state by each assessed  member  insurer  on  policies  covered  by  each
    32  account  for  the three calendar years preceding the assessment bears to
    33  such premiums received on business in this state for such calendar years
    34  by all assessed member insurers.
    35    § 11.  Subsection (a) of section 7712 of the insurance law,  as  added
    36  by chapter 802 of the laws of 1985, is amended to read as follows:
    37    (a) The superintendent shall annually, within six months following the
    38  close of each calendar year, furnish to the commissioner of taxation and
    39  finance  and  the  director of the division of the budget a statement of
    40  operations for the life insurance guaranty corporation and the life  and
    41  health  insurance  company guaranty corporation of New York. Such state-
    42  ment shall show the assessments,  less  any  refunds  or  reimbursements
    43  thereof,  paid  by  each insurance company pursuant to the provisions of
    44  article seventy-five or section seven thousand  seven  hundred  nine  of
    45  this article, for the purposes of meeting the requirements of this chap-
    46  ter.  Each  statement, starting with the statement furnished in the year
    47  nineteen hundred eighty-six and ending with the statement  furnished  in
    48  the  year  two  thousand,  shall show the annual activity for every year
    49  commencing from nineteen hundred eighty-five through the  most  recently
    50  completed year. Each statement furnished in each year after the year two
    51  thousand  shall  reflect  such  assessments  paid  during  the preceding
    52  fifteen calendar years. The superintendent shall also furnish a copy  of
    53  such statement to each such insurance company.
    54    §  12.   Subsections (a), (d) and (g) of section 7719 of the insurance
    55  law, as added by chapter 454 of the laws of 2014, are amended to read as
    56  follows:

        S. 4007--C                         144                        A. 3007--C
 
     1    (a) The corporation may incorporate one or more not-for-profit  corpo-
     2  rations,  known  as a resolution facility, in connection with the liqui-
     3  dation of an insolvent domestic life insurance company, health insurance
     4  company, or property/casualty insurance company under  article  seventy-
     5  four  of  this chapter for the purpose of administering and disposing of
     6  the business of the insolvent [domestic life] insurance company.
     7    (d) A resolution facility may:
     8    (1) guarantee,  assume,  or  reinsure,  or  cause  to  be  guaranteed,
     9  assumed,  or reinsured, the covered policies, or arrange for replacement
    10  by policies found by the superintendent to be substantially  similar  to
    11  the covered policies;
    12    (2)  exercise,  for  the  purposes  of  this article and to the extent
    13  approved by the superintendent, the powers of a domestic life  insurance
    14  company, health insurance company, or property/casualty insurance compa-
    15  ny  but in no case may the resolution facility issue insurance policies,
    16  annuity contracts, funding agreements, or supplemental  contracts  other
    17  than those issued to perform the contractual obligations of the impaired
    18  or insolvent insurer;
    19    (3)  assure  payment  of  the contractual obligations of the insolvent
    20  insurer; and
    21    (4) provide such moneys, pledges, notes, guarantees, or other means as
    22  are reasonably necessary to discharge its duties.
    23    (g) (1) If the superintendent determines that the resolution  facility
    24  is  not  administering  and  disposing  of  the business of an insolvent
    25  domestic  life  insurance  company,   health   insurance   company,   or
    26  property/casualty  insurance  company  consistent  with  the  resolution
    27  facility's certificate of incorporation,  plan  of  operation,  or  this
    28  section,  then the superintendent shall provide notice to the resolution
    29  facility and the resolution facility shall have thirty days  to  respond
    30  to the superintendent and cure the defect.
    31    (2)  If,  after  thirty  days, the superintendent continues to believe
    32  that the resolution facility is not administering and disposing  of  the
    33  business  of an insolvent domestic life insurance company, health insur-
    34  ance company, or property/casualty insurance company consistent with the
    35  resolution facility's certificate of incorporation, plan  of  operation,
    36  or  this  section, then the superintendent may apply to the court for an
    37  order directing the resolution facility to correct the  defect  or  take
    38  other appropriate actions.
    39    §  13.  The  insurance  law is amended by adding a new section 7720 to
    40  read as follows:
    41    § 7720. Penalties. (a) If any member insurer fails to make any payment
    42  required by this article, or if the superintendent has cause to  believe
    43  that any other statement filed is false or inaccurate in any particular,
    44  or  that  any  payment made is incorrect, the superintendent may examine
    45  all the books and records of the member insurer to ascertain  the  facts
    46  and  determine the correct amount to be paid. Based on such finding, the
    47  corporation may proceed  in  any  court  of  competent  jurisdiction  to
    48  recover  for  the benefit of the fund any sums shown to be due upon such
    49  examination and determination.
    50    (b) Any member insurer that fails to make any such required statement,
    51  or to make any payment to the fund when due, shall forfeit to the corpo-
    52  ration for deposit in the fund a penalty of five percent of  the  amount
    53  determined  to  be due plus one percent of such amount for each month of
    54  delay, or fraction thereof, after the expiration of the first  month  of
    55  such  delay.  If satisfied that the delay was excusable, the corporation
    56  may remit all or any part of the penalty.

        S. 4007--C                         145                        A. 3007--C
 
     1    (c) The superintendent, in the superintendent's discretion, may revoke
     2  the certificate of authority to do business in this state of any foreign
     3  member insurer that fails to comply with this  article  or  to  pay  any
     4  penalty imposed hereunder.
     5    §  14.  The  insurance  law is amended by adding a new section 3245 to
     6  read as follows:
     7    § 3245. Liability to providers in the event of an insolvency.  In  the
     8  event  an  insurance  company  authorized  to  do an accident and health
     9  insurance business in this state is deemed  insolvent,  as  provided  in
    10  section  one  thousand  three  hundred  nine of this chapter, no insured
    11  covered under a policy delivered or issued for delivery in this state by
    12  the insurance company shall be liable to any  provider  of  health  care
    13  services for any covered services of the insolvent insurance company. No
    14  provider  of health care services or any representative of such provider
    15  shall collect or attempt to collect from the insured sums owed  by  such
    16  insurance  company,  and  no provider or representative of such provider
    17  may maintain any action at law against an insured to collect  sums  owed
    18  to such provider by such insurance company.
    19    § 14-a. The superintendent of financial services, in consultation with
    20  the  director  of the budget and other appropriate agencies as appropri-
    21  ate, shall be authorized and required to develop  an  assessment  offset
    22  plan  to limit the impact of the assessments imposed pursuant to section
    23  7709 of the insurance law on not-for-profit member insurers. Such offset
    24  shall be comparable, to the extent possible, to the tax credit available
    25  to for-profit member insurers. The plan shall consider  tax,  assessment
    26  or  other  credits or financial benefits to offset such assessments in a
    27  manner that has a comparable impact as the  tax  credits  applicable  to
    28  for-profit  insurers;  the feasibility of a cap or limit on premium rate
    29  increases, cost-sharing requirements, or any other surcharges passed  on
    30  to  policyholders due to the assessments pursuant to section 7709 of the
    31  insurance law; and any other mechanism that minimizes the costs to poli-
    32  cyholders while addressing the need to provide relief to  not-for-profit
    33  member  insurers  subject to article 77 of the insurance law. The super-
    34  intendent of financial services shall transmit the written plan  to  the
    35  governor,  the temporary president of the senate, and the speaker of the
    36  assembly by January 15, 2024,  and  the  superintendent  may  promulgate
    37  regulations  to  implement such plan for not-for-profit member insurers.
    38  Notwithstanding the foregoing, the Life  and  Health  Insurance  Company
    39  Guaranty  Corporation  of  New  York shall not impose any assessments on
    40  not-for-profit member insurers pursuant to article 77 of  the  insurance
    41  law until the offset plan has been implemented.
    42    §  15.  This  act shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2023; provided,
    44  however, that the amendments made by this act shall  not  apply  to  the
    45  estate  of  an insurer for which a court entered a final order of liqui-
    46  dation prior to the effective date of this act.
    47    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    48  sion, section or part of this act shall be  adjudged  by  any  court  of
    49  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    50  impair, or invalidate the remainder thereof, but shall  be  confined  in
    51  its  operation  to the clause, sentence, paragraph, subdivision, section
    52  or part thereof directly involved in the controversy in which such judg-
    53  ment shall have been rendered. It is hereby declared to be the intent of
    54  the legislature that this act would  have  been  enacted  even  if  such
    55  invalid provisions had not been included herein.

        S. 4007--C                         146                        A. 3007--C
 
     1    §  3.  This act shall take effect immediately; provided, however, that
     2  the applicable effective date of Subparts A through D of this act  shall
     3  be as specifically set forth in the last section of such Subparts.
 
     4                                   PART Z
 
     5                            Intentionally Omitted
 
     6                                   PART AA
 
     7    Section  1. Section 3 of chapter 425 of the laws of 2013, amending the
     8  public health law relating to requiring hospitals to offer  hepatitis  C
     9  testing,  as  amended  by chapter 284 of the laws of 2019, is amended to
    10  read as follows:
    11    § 3. This act shall take effect on the first of January next  succeed-
    12  ing the date on which it shall have become a law and shall expire and be
    13  deemed  repealed  January  1,  [2026]  2030; provided, however, that the
    14  commissioner of health is authorized  to  adopt  rules  and  regulations
    15  necessary to implement this act prior to such effective date.
    16    § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as
    17  added  by  chapter  425  of  the  laws  of  2013, are amended to read as
    18  follows:
    19    1. Every individual  [born  between  the  years  of  nineteen  hundred
    20  forty-five  and  nineteen hundred sixty-five] age eighteen and older (or
    21  younger than eighteen if there is evidence or indication of risk  activ-
    22  ity)  who  receives  health services as an inpatient or in the emergency
    23  department of a general hospital defined in subdivision ten  of  section
    24  twenty-eight  hundred  one  of this chapter or who receives primary care
    25  services in an outpatient department of such hospital or in a diagnostic
    26  and treatment center licensed under article twenty-eight of this chapter
    27  or from a physician, physician assistant  [or],  nurse  practitioner  or
    28  midwife  providing primary care shall be offered a hepatitis C screening
    29  test [or hepatitis C diagnostic test] unless the health care practition-
    30  er providing such services reasonably believes that:
    31    (a) the individual is being treated for a life threatening  emergency;
    32  or
    33    (b) the individual has previously been offered or has been the subject
    34  of  a hepatitis C screening test (except that a test shall be offered if
    35  otherwise indicated); or
    36    (c) the individual lacks capacity to consent to a hepatitis C  screen-
    37  ing test.
    38    2.  If an individual accepts the offer of a hepatitis C screening test
    39  and the screening test is reactive,  [the]  an  HCV  RNA  test  must  be
    40  performed,  on  the  same specimen or a second specimen collected at the
    41  same time as the initial HCV screening test specimen, to confirm diagno-
    42  sis of current infection. The health care provider  shall  either  offer
    43  [the  individual]  all  persons with a detectable HCV RNA test follow-up
    44  HCV health care and treatment or refer the individual to a  health  care
    45  provider  who can provide follow-up HCV health care and treatment.  [The
    46  follow-up health care shall include a hepatitis C diagnostic test.]
    47    § 3. The public health law is amended by adding a new  section  2500-l
    48  to read as follows:
    49    §  2500-l.  Pregnant  people,  blood test for hepatitis C virus (HCV);
    50  follow-up care.   1. Every physician or  other  authorized  practitioner
    51  attending a pregnant person in the state shall order a hepatitis C virus

        S. 4007--C                         147                        A. 3007--C
 
     1  (HCV)  screening  test and if the test is reactive, an HCV RNA test must
     2  be performed on the same specimen, or a second specimen collected at the
     3  same time as the initial HCV screening test specimen, to confirm diagno-
     4  sis  of  current  infection. The health care provider shall either offer
     5  all persons with a detectable HCV RNA test follow-up HCV health care and
     6  treatment or refer the individual to a  health  care  provider  who  can
     7  provide follow-up HCV health care and treatment.
     8    2. The physician or other authorized practitioner attending a pregnant
     9  person  shall  record  the  HCV test results prominently in the pregnant
    10  person's medical record at or before the time of hospital admission  for
    11  delivery.
    12    3.  The  commissioner may promulgate such rules and regulations as are
    13  necessary to carry out the requirements of this section.
    14    § 4. The section heading of section 2308 of the public health law,  as
    15  amended  by  section  37 of part E of chapter 56 of the laws of 2013, is
    16  amended to read as follows:
    17    Sexually transmitted disease; pregnant [women] persons; blood test for
    18  syphilis.
    19    § 5. Subdivision 1 of section 2308 of the public health law is amended
    20  to read as follows:
    21    1. Every physician or other authorized practitioner attending pregnant
    22  [women] persons in the state shall in the case of every  [woman]  person
    23  so  attended take or cause to be taken a sample of blood of such [woman]
    24  person at the time of first examination, and submit such  sample  to  an
    25  approved  laboratory  for  a standard serological test for syphilis.  In
    26  addition to testing at the time of first examination, every such  physi-
    27  cian or other authorized practitioner shall order a syphilis test during
    28  the  third trimester of pregnancy consistent with any guidance and regu-
    29  lations issued by the commissioner.
    30    § 6. This act shall take effect immediately;  provided,  however  that
    31  the  amendments to section 2171 of the public health law made by section
    32  two of this act shall not affect the repeal of such section and shall be
    33  deemed repealed therewith; provided, further, that sections two,  three,
    34  four and five of this act shall take effect one year after it shall have
    35  become  a  law.  Effective  immediately,  the addition, amendment and/or
    36  repeal of any rule or regulation necessary  for  the  implementation  of
    37  this  act  on its effective date are authorized to be made and completed
    38  on or before such effective date.
 
    39                                   PART BB
 
    40    Section 1.  Paragraphs 59 and 61 of subdivision (b) of schedule  I  of
    41  section  3306 of the public health law, as added by section 2 of part CC
    42  of chapter 56 of the laws of 2020, are amended and 22 new paragraphs 71,
    43  72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,  89,
    44  90, 91 and 92 are added to read as follows:
    45    (59) [N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenyl-
    46  propionamide]  N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-
    47  phenylpropionamide. Other name:  Beta-Hydroxythiofentanyl.
    48    (61)  [3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide]
    49  3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide.    Other
    50  name: U-47700.
    51     (71) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.  Other  name:
    52  Valeryl fentanyl.
    53    (72)      N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.
    54  Other name: para-methoxybutyryl fentanyl.

        S. 4007--C                         148                        A. 3007--C
 
     1    (73)    N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
     2  Other name: para-chloroisobutyryl fentanyl.
     3    (74) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.  Other name:
     4  isobutyryl fentanyl.
     5    (75)    N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide.
     6  Other name: cyclopentyl fentanyl.
     7    (76) (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide.    Other
     8  name: crotonyl fentanyl.
     9    (77)        N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)
    10  propionamide. Other  names:  2'-fluoro  ortho-fluorofentanyl;  2'-fluoro
    11  2-fluorofentanyl.
    12    (78) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide.  Other
    13  names:  ortho-methyl acetylfentanyl; 2-methyl acetylfentanyl.
    14    (79)  N-(1-phenethylpiperidin-4-yl)-N,  3-diphenylpropanamide.   Other
    15  names:   beta'-phenyl fentanyl; beta'-phenyl fentanyl; 3-phenylpropanoyl
    16  fentanyl.
    17    (80)    N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide.
    18  Other  names:    thiofuranyl fentanyl; 2-thiofuranyl fentanyl; thiophene
    19  fentanyl.
    20    (81) N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide.  Other
    21  names: beta-Methyl fentanyl; beta-methyl fentanyl.
    22    (82) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other
    23  names: ortho-fluorobutyryl fentanyl; 2-fluorobutyryl fentanyl.
    24    (83)  N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide. Other
    25  name: 4'-methyl acetyl fentanyl.
    26    (84) 2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide.
    27  Other names: ortho-methyl methoxyacetylfentanyl; 2-methyl  methoxyacetyl
    28  fentanyl.
    29    (85) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.
    30  Other names: para-methylfentanyl; 4-methylfentanyl.
    31    (86)   N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide.  Other  names:
    32  phenyl fentanyl; benzoyl fentanyl.
    33    (87) ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate.  Other  name:
    34  Fentanyl carbamate.
    35    (88) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide.
    36  Other name: ortho-fluoroacryl fentanyl.
    37    (89) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.
    38  Other name: ortho-fluoroisobutyryl fentanyl.
    39    (90) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide.
    40  Other name: para-fluoro furanyl fentanyl.
    41    (91) N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)
    42  ethan-1-amine. Other name: Isotonitazene.
    43    (92) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-
    44  benzo{d}imidazol-2-one. Other names:  Brorphine; 1-{1-{1-(4-bromophenyl)
    45  ethyl}-4-piperidinyl}-1,3-dihydro-2H-benzimidazol-2-one.
    46    §  2. Paragraph 3 of subdivision (g) of schedule II of section 3306 of
    47  the public health law, as added by section 7 of part C of chapter 447 of
    48  the laws of 2012, is amended to read as follows:
    49    (3) Immediate precursor to fentanyl:
    50    (i)  [4-anilino-N-phenethyl-4-piperidine  (ANPP)]  4-anilino-N-phenen-
    51  ethylpiperidine (ANPP).
    52    (ii) N-phenyl-N-(piperidin-4-yl)propionamide (Norfentanyl).
    53    § 3. This act shall take effect immediately.
 
    54                                   PART CC

        S. 4007--C                         149                        A. 3007--C
 
     1                            Intentionally Omitted
 
     2                                   PART DD

     3    Section  1. 1. Subject to available appropriations and approval of the
     4  director of the budget,  the  commissioners  of  the  office  of  mental
     5  health,  office  for  people  with developmental disabilities, office of
     6  addiction services and supports,  office  of  temporary  and  disability
     7  assistance, office of children and family services, and the state office
     8  for the aging shall establish a state fiscal year 2023-24 cost of living
     9  adjustment  (COLA),  effective  April  1,  2023,  for projecting for the
    10  effects of inflation upon rates of payments,  contracts,  or  any  other
    11  form of reimbursement for the programs and services listed in paragraphs
    12  (i),  (ii),  (iii),  (iv),  (v),  and  (vi)  of subdivision four of this
    13  section.  The COLA established herein shall be applied to the  appropri-
    14  ate  portion  of reimbursable costs or contract amounts. Where appropri-
    15  ate, transfers to the department  of  health  (DOH)  shall  be  made  as
    16  reimbursement for the state share of medical assistance.
    17    2.  Notwithstanding  any inconsistent provision of law, subject to the
    18  approval of the director of  the  budget  and  available  appropriations
    19  therefore,  for  the period of April 1, 2023 through March 31, 2024, the
    20  commissioners shall provide funding to support  a  four  percent  (4.0%)
    21  cost  of  living adjustment under this section for all eligible programs
    22  and services as determined pursuant to subdivision four of this section.
    23    3. Notwithstanding any inconsistent provision of law, and as  approved
    24  by the director of the budget, the 4.0 percent cost of living adjustment
    25  (COLA) established herein shall be inclusive of all other cost of living
    26  type  increases,  inflation  factors,  or  trend  factors that are newly
    27  applied effective April 1, 2023.   Except for the 4.0  percent  cost  of
    28  living  adjustment  (COLA) established herein, for the period commencing
    29  on April 1, 2023 and ending March 31, 2024 the commissioners  shall  not
    30  apply any other new cost of living adjustments for the purpose of estab-
    31  lishing rates of payments, contracts or any other form of reimbursement.
    32  The  phrase "all other cost of living type increases, inflation factors,
    33  or trend factors" as defined  in  this  subdivision  shall  not  include
    34  payments  made pursuant to the American Rescue Plan Act or other federal
    35  relief programs related  to  the  Coronavirus  Disease  2019  (COVID-19)
    36  pandemic  Public  Health Emergency.   This subdivision shall not prevent
    37  the office of children and  family  services  from  applying  additional
    38  trend  factors  or  staff  retention  factors  to  eligible programs and
    39  services under paragraph (v) of subdivision four of this section.
    40    4. Eligible programs and services. (i) Programs and  services  funded,
    41  licensed, or certified by the office of mental health (OMH) eligible for
    42  the  cost  of  living  adjustment  established  herein,  pending federal
    43  approval where applicable, include: office  of  mental  health  licensed
    44  outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
    45  the office of mental health regulations including clinic, continuing day
    46  treatment,  day  treatment,  intensive  outpatient  programs and partial
    47  hospitalization;  outreach;  crisis  residence;  crisis   stabilization,
    48  crisis/respite  beds;  mobile crisis, part 590 comprehensive psychiatric
    49  emergency program  services;  crisis  intervention;  home  based  crisis
    50  intervention;  family  care;  supported single room occupancy; supported
    51  housing; supported housing  community  services;  treatment  congregate;
    52  supported   congregate;   community  residence  -  children  and  youth;
    53  treatment/apartment; supported  apartment;  community  residence  single

        S. 4007--C                         150                        A. 3007--C
 
     1  room occupancy; on-site rehabilitation; employment programs; recreation;
     2  respite  care;  transportation;  psychosocial  club; assertive community
     3  treatment; case management; care  coordination,  including  health  home
     4  plus  services;  local  government  unit  administration; monitoring and
     5  evaluation; children and youth  vocational  services;  single  point  of
     6  access;  school-based mental health program; family support children and
     7  youth; advocacy/support services; drop  in  centers;  recovery  centers;
     8  transition management services; bridger; home and community based waiver
     9  services;  behavioral  health waiver services authorized pursuant to the
    10  section 1115 MRT waiver; self-help programs; consumer  service  dollars;
    11  conference  of local mental hygiene directors; multicultural initiative;
    12  ongoing integrated supported employment services;  supported  education;
    13  mentally   ill/chemical  abuse  (MICA)  network;  personalized  recovery
    14  oriented services; children and family treatment and  support  services;
    15  residential treatment facilities operating pursuant to part 584 of title
    16  14-NYCRR;   geriatric  demonstration  programs;  community-based  mental
    17  health family treatment  and  support;  coordinated  children's  service
    18  initiative; homeless services; and promises zone.
    19    (ii)  Programs  and  services  funded,  licensed,  or certified by the
    20  office for people with developmental disabilities (OPWDD)  eligible  for
    21  the  cost  of  living  adjustment  established  herein,  pending federal
    22  approval where applicable, include: local/unified services; chapter  620
    23  services;  voluntary operated community residential services; article 16
    24  clinics; day treatment  services;  family  support  services;  100%  day
    25  training;  epilepsy services; traumatic brain injury services; hepatitis
    26  B services;  independent  practitioner  services  for  individuals  with
    27  intellectual  and/or  developmental  disabilities;  crisis  services for
    28  individuals with intellectual and/or developmental disabilities;  family
    29  care  residential  habilitation;  supervised  residential  habilitation;
    30  supportive residential habilitation; respite; day habilitation; prevoca-
    31  tional services; supported employment; community habilitation;  interme-
    32  diate  care  facility  day and residential services; specialty hospital;
    33  pathways to employment; intensive behavioral services;  basic  home  and
    34  community  based  services  (HCBS)  plan  support;  health home services
    35  provided  by  care  coordination  organizations;  community   transition
    36  services;  family  education  and training; fiscal intermediary; support
    37  broker; and personal resource accounts.
    38    (iii) Programs and services funded,  licensed,  or  certified  by  the
    39  office  of addiction services and supports (OASAS) eligible for the cost
    40  of living adjustment established herein, pending federal approval  where
    41  applicable, include: medically supervised withdrawal services - residen-
    42  tial;  medically  supervised withdrawal services - outpatient; medically
    43  managed detoxification; medically monitored withdrawal; inpatient  reha-
    44  bilitation  services;  outpatient  opioid  treatment; residential opioid
    45  treatment; KEEP units outpatient; residential opioid treatment to absti-
    46  nence; problem  gambling  treatment;  medically  supervised  outpatient;
    47  outpatient   rehabilitation;   specialized   services   substance  abuse
    48  programs; home and community based waiver services pursuant to  subdivi-
    49  sion  9  of  section 366 of the social services law; children and family
    50  treatment and support services; continuum of care rental assistance case
    51  management; NY/NY III post-treatment  housing;  NY/NY  III  housing  for
    52  persons  at  risk  for  homelessness; permanent supported housing; youth
    53  clubhouse; recovery community  centers;  recovery  community  organizing
    54  initiative; residential rehabilitation services for youth (RRSY); inten-
    55  sive  residential; community residential; supportive living; residential
    56  services; job placement  initiative;  case  management;  family  support

        S. 4007--C                         151                        A. 3007--C
 
     1  navigator;  local government unit administration; peer engagement; voca-
     2  tional  rehabilitation;  support  services;   HIV   early   intervention
     3  services; dual diagnosis coordinator; problem gambling resource centers;
     4  problem   gambling  prevention;  prevention  resource  centers;  primary
     5  prevention services; other prevention services; and community services.
     6    (iv) Programs and services  funded,  licensed,  or  certified  by  the
     7  office  of  temporary  and disability assistance (OTDA) eligible for the
     8  cost of living adjustment established herein, pending  federal  approval
     9  where  applicable,  include:  nutrition  outreach  and education program
    10  (NOEP).
    11    (v) Programs and services funded, licensed, or certified by the office
    12  of children and family services (OCFS) eligible for the cost  of  living
    13  adjustment  established  herein, pending federal approval where applica-
    14  ble, include: programs for which  the  office  of  children  and  family
    15  services  establishes  maximum state aid rates pursuant to section 398-a
    16  of the social services law and section 4003 of the education law;  emer-
    17  gency  foster homes; foster family boarding homes and therapeutic foster
    18  homes; supervised settings  as  defined  by  subdivision  twenty-two  of
    19  section  371  of  the  social  services  law; adoptive parents receiving
    20  adoption subsidy pursuant to section 453 of the social services law; and
    21  congregate and scattered  supportive  housing  programs  and  supportive
    22  services  provided  under  the NY/NY III supportive housing agreement to
    23  young adults leaving or having recently left foster care.
    24    (vi) Programs and services funded, licensed, or certified by the state
    25  office for the aging (SOFA) eligible for the cost of  living  adjustment
    26  established  herein, pending federal approval where applicable, include:
    27  community services for the elderly; expanded in-home  services  for  the
    28  elderly; and supplemental nutrition assistance program.
    29    5.  Each  local  government unit or direct contract provider receiving
    30  funding for the cost  of  living  adjustment  established  herein  shall
    31  submit  a  written  certification, in such form and at such time as each
    32  commissioner shall prescribe, attesting how such funding will be or  was
    33  used  to  first  promote  the recruitment and retention of non-executive
    34  direct care staff, non-executive direct support professionals,  non-exe-
    35  cutive clinical staff, or respond to other critical non-personal service
    36  costs prior to supporting any salary increases or other compensation for
    37  executive level job titles.
    38    6.  Notwithstanding any inconsistent provision of law to the contrary,
    39  agency commissioners shall be authorized to recoup funding from a  local
    40  governmental  unit  or  direct  contract provider for the cost of living
    41  adjustment established herein determined to have been used in  a  manner
    42  inconsistent  with  the  appropriation,  or  any other provision of this
    43  section. Such agency commissioners shall be  authorized  to  employ  any
    44  legal mechanism to recoup such funds, including an offset of other funds
    45  that are owed to such local governmental unit or direct contract provid-
    46  er.
    47    §  2.  This  act  shall take effect immediately and shall be deemed to
    48  have been in full force and effect on and after April 1, 2023.
 
    49                                   PART EE
 
    50    Section 1. Subdivision 1-a of section 84 of part A of  chapter  56  of
    51  the laws of 2013, amending the social services law and other laws relat-
    52  ing  to enacting the major components of legislation necessary to imple-
    53  ment the health and mental hygiene budget for the 2013-2014 state fiscal

        S. 4007--C                         152                        A. 3007--C
 
     1  year, as amended by section 9 of part Z of chapter 57  of  the  laws  of
     2  2018, is amended to read as follows:
     3    1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
     4  deemed repealed [September 30] December 31, [2023] 2025;
     5    § 2. This act shall take effect immediately.

     6                                   PART FF
 
     7                            Intentionally Omitted
 
     8                                   PART GG
 
     9                            Intentionally Omitted
 
    10                                   PART HH
 
    11    Section 1. The mental hygiene law  is  amended  by  adding  three  new
    12  sections 36.04, 36.05 and 36.06 to read as follows:
    13  § 36.04 Certified community behavioral health clinics.
    14    (a)  The  commissioners  are  authorized  to jointly certify community
    15  behavioral health clinics, subject to  the  availability  of  state  and
    16  federal funding.
    17    (b)  Certified community behavioral health clinics shall provide coor-
    18  dinated, comprehensive behavioral health care, including  mental  health
    19  and  addiction  services,  primary  care  screening, and case management
    20  services, in accordance with certified community behavioral health clin-
    21  ic standards established by the United States department of  health  and
    22  human services substance abuse and mental health services administration
    23  and  the  commissioners of the office of mental health and the office of
    24  addiction services and supports.
    25    (c) The commissioners shall require each proposed certified  community
    26  behavioral  health  clinic  to submit a plan, which shall be approved by
    27  the commissioners prior to the  issuance  of  an  operating  certificate
    28  pursuant to this article.  Such plan shall include:
    29    (1)  a description of the clinic's character and competency to provide
    30  certified community behavioral health clinic services across the  lifes-
    31  pan,  including  how the clinic will ensure access to crisis services at
    32  all times and accept all patients regardless of ability to pay;
    33    (2) a description of the clinic's catchment area;
    34    (3) a statement indicating that the clinic has  been  included  in  an
    35  approved  local services plan developed pursuant to article forty-one of
    36  this title for each local government located within the clinic's  catch-
    37  ment area;
    38    (4)  where executed, agreements establishing formal relationships with
    39  designated collaborating  organizations  to  provide  certain  certified
    40  community  behavioral  health  clinic services, consistent with guidance
    41  issued by the United States department  of  health  and  human  services
    42  substance abuse and mental health services administration and the office
    43  of mental health and the office of addiction services and supports;
    44    (5)  a  staffing plan driven by local needs assessment, licensing, and
    45  training to support service delivery;
    46    (6) a description of the  clinic's  data-driven  approach  to  quality
    47  improvement;

        S. 4007--C                         153                        A. 3007--C
 
     1    (7)  a  description  of how consumers are represented in governance of
     2  the clinic;
     3    (8)  all  financial information in the form and format required by the
     4  office of mental  health  and  the  office  of  addiction  services  and
     5  supports; and
     6    (9) any other information or agreements required by the commissioners.
     7    (d)  Where  a  certified  community  behavioral health clinic has been
     8  established and is participating on the effective date of  this  section
     9  in  the  federal  certified  community  behavioral  health clinic demon-
    10  stration awarded to the state by the United States department of  health
    11  and  human  services substance abuse and mental health services adminis-
    12  tration, the previously established clinic may be  certified  where  the
    13  clinic  demonstrates  compliance with the certification standards estab-
    14  lished pursuant to this article.
    15    (e) The commissioners shall promulgate any rule or  regulation  neces-
    16  sary to effectuate this section.
    17  §  36.05  Certified  community  behavioral  health clinics indigent care
    18            program.
    19    (a) (1) For periods on and after  July  first,  two  thousand  twenty-
    20  three,  the  commissioners  are  authorized  to make payment to eligible
    21  certified community behavioral health clinics, to the  extent  of  funds
    22  appropriated  therefor to assist in meeting losses resulting from uncom-
    23  pensated care.   In the event federal  financial  participation  is  not
    24  available  for  such payments to eligible certified community behavioral
    25  health clinics, payments shall be made solely on the basis of  available
    26  state  general  fund  appropriations  for  this purpose in amounts to be
    27  determined by the director of the division of the budget.
    28    (2) For purposes of this section, "eligible certified community behav-
    29  ioral health clinics" shall mean voluntary non-profit certified communi-
    30  ty behavioral health clinics  participating  in  the  federal  certified
    31  community behavioral health clinic demonstration awarded to the state by
    32  the  United  States  department  of  health and human services substance
    33  abuse and mental health  services  administration  and  other  certified
    34  community  behavioral health clinics certified pursuant to section 36.04
    35  of this article, which demonstrate that a minimum of  three  percent  of
    36  total  visits reported during the applicable base year period, as deter-
    37  mined by the commissioners, were to uninsured individuals.
    38    (3) For purposes of this section, "losses resulting from uncompensated
    39  care" shall mean losses from reported self-pay and  free  visits  multi-
    40  plied by the clinic's medical assistance payment rate for the applicable
    41  distribution year, offset by payments received from such patients during
    42  the reporting period.
    43    (b)  A  certified  community behavioral health clinic qualifying for a
    44  distribution pursuant to this section shall provide assurances satisfac-
    45  tory to the commissioners that it shall undertake reasonable efforts  to
    46  maintain financial support from community and public funding sources and
    47  reasonable  efforts  to  collect  payments for services from third-party
    48  insurance payors, governmental payors and self-paying patients.
    49    (c) (1) Funding pursuant to this section shall be allocated to  eligi-
    50  ble  certified  community  behavioral  health  clinics  based on actual,
    51  reported losses resulting from uncompensated care in a given  base  year
    52  period  and shall not exceed one hundred percent of an eligible clinic's
    53  losses in the same period.
    54    (2) If the sum of actual, reported losses resulting from uncompensated
    55  care for all certified community behavioral health clinics  exceeds  the
    56  amount appropriated therefor in a given base year period, allocations of

        S. 4007--C                         154                        A. 3007--C
 
     1  funds  for  each  eligible  certified community behavioral health clinic
     2  shall be assessed proportionately based upon the percentage of the total
     3  number of uncompensated care visits for all  clinics  that  each  clinic
     4  provided  during the base year and shall not exceed amounts appropriated
     5  in the aggregate.
     6    (d) Except as provided in subdivision (e) of this section, for periods
     7  on and after July first, two thousand twenty-three through June  thirti-
     8  eth, two thousand twenty-six, funds shall be made available for payments
     9  pursuant  to  this  section  for eligible certified community behavioral
    10  health clinics for the following  periods  in  the  following  aggregate
    11  amounts:
    12    (1)  For  the  period of July first, two thousand twenty-three through
    13  June thirtieth, two thousand twenty-four, up to twenty-two million  five
    14  hundred thousand dollars;
    15    (2)  For  the  period  of July first, two thousand twenty-four through
    16  June thirtieth, two thousand twenty-five, up to  forty-one  million  two
    17  hundred fifty thousand dollars; and
    18    (3)  For  the  period  of July first, two thousand twenty-five through
    19  June thirtieth,  two  thousand  twenty-six,  up  to  forty-five  million
    20  dollars.
    21    (e) In the event that federal financial participation is not available
    22  for  rate  adjustments  pursuant  to  this  section, funds available for
    23  payments pursuant to this section for each eligible certified  community
    24  behavioral  health  clinic  shall  be  limited  to the non-federal share
    25  equivalent of the amounts specified in subdivision (d) of this section.
    26    (f) Eligible certified community behavioral health  clinics  receiving
    27  funding under this section shall not be eligible for comprehensive diag-
    28  nostic  and  treatment centers indigent care program funding pursuant to
    29  section two thousand eight hundred seven-p of the public health law.
    30    (g) The commissioners may require facilities  receiving  distributions
    31  pursuant  to  this  section  as  a  condition  of  participating in such
    32  distributions, to provide reports and  data  to  the  office  of  mental
    33  health  and the office of addiction services and supports as the commis-
    34  sioners deem necessary to adequately implement the  provisions  of  this
    35  section.
    36  § 36.06 Review of criminal history information.
    37    (a) The justice center for the protection of people with special needs
    38  and  the office of addiction  services  and supports shall be authorized
    39  to jointly receive from the division of criminal justice services crimi-
    40  nal history information, as such term  is  defined in paragraph  (c)  of
    41  subdivision  one  of  section  eight  hundred forty-five-b of the execu-
    42  tive  law,  pursuant  to  the  authority  provided under sections 19.20,
    43  19.20-a, and 31.35 of this chapter to facilitate  a  single  process  to
    44  review such criminal history of and make a suitability determination for
    45  applicants  to  be  providers of services   and prospective employees or
    46  volunteers who will have regular and substantial unsupervised  or  unre-
    47  stricted    physical  contact  with  the clients of a provider licensed,
    48  certified, or otherwise authorized under  this  article,  in  accordance
    49  with policies and procedures developed jointly by the justice center for
    50  the  protection of people with special needs and the office of addiction
    51  services and supports, in consultation with the office of mental health.
    52    (b) The justice center for the protection of people with special needs
    53  and the office of addiction services and supports shall be authorized to
    54  jointly adopt a single process to review the  criminal  history  of  and
    55  make  a  suitability  determination  for  applicants  to be providers of
    56  services under both articles thirty-one and thirty-two  of  this  title,

        S. 4007--C                         155                        A. 3007--C
 
     1  and  prospective  employees  or  volunteers  who  will  have regular and
     2  substantial unsupervised  or  unrestricted  physical  contact  with  the
     3  clients  of  such  provider  and  shall be authorized to jointly receive
     4  criminal  history  information, as such term is defined in paragraph (c)
     5  of subdivision one of section eight hundred forty-five-b of  the  execu-
     6  tive law from the division of criminal justice services.
     7    § 2. The opening paragraph of section 19.20 of the mental hygiene law,
     8  as  added  by section 2 of part F of chapter 501 of the laws of 2012, is
     9  amended to read as follows:
    10    Every provider of services who contracts with or is approved or other-
    11  wise authorized by the office to provide services, except (1) a  depart-
    12  ment  facility, (2) a hospital as defined in article twenty-eight of the
    13  public health law, or (3) a licensed professional under title  eight  of
    14  the  education  law  who  does not have employees or volunteers who will
    15  have regular  and  substantial  unsupervised  or  unrestricted  physical
    16  contact with the clients of such provider, shall request that the office
    17  request and receive from the division of criminal justice services crim-
    18  inal  history information, as such phrase is defined in paragraph (c) of
    19  subdivision one of section eight hundred forty-five-b of  the  executive
    20  law,  concerning each prospective employee or volunteer of such provider
    21  who will have regular and substantial unsupervised or unrestricted phys-
    22  ical contact with the clients of such provider.   Provided,  however,  a
    23  provider  of  services  approved  or  otherwise authorized under article
    24  thirty-six of this chapter shall comply with the requirements of  subdi-
    25  vision  (a) of section 36.06 of such article to satisfy the requirements
    26  of this section, and provided further that a provider who complies  with
    27  the  requirements  of  subdivision (b) of section 36.06 of such article,
    28  shall be deemed to have satisfied the requirements of this section.
    29    § 3. The opening paragraph of section 19.20-a of  the  mental  hygiene
    30  law, as added by section 3 of part F of chapter 501 of the laws of 2012,
    31  is amended to read as follows:
    32    The  office shall be authorized to receive from the division of crimi-
    33  nal justice services criminal history information,  as  such  phrase  is
    34  defined  in  paragraph  (c)  of subdivision one of section eight hundred
    35  forty-five-b of the executive law, concerning each  applicant  to  be  a
    36  provider  of services or operator of such provider except: (1) a depart-
    37  ment facility; (2) a hospital as defined in article twenty-eight of  the
    38  public  health  law; or (3) a licensed professional under title eight of
    39  the education law who does not have employees  or  volunteers  who  will
    40  have  regular  and  substantial  unsupervised  or  unrestricted physical
    41  contact with the clients of such  provider,  and  for  every  individual
    42  seeking to be credentialed by the office to provide substance use disor-
    43  der  services pursuant to section 19.07 of this article. For purposes of
    44  this section, "operator" shall include any natural person with an owner-
    45  ship interest in the provider of services.  Provided, however, an appli-
    46  cant to be a provider of services or operator  of  such  provider  under
    47  article thirty-six of this chapter shall comply with the requirements of
    48  subdivision (a) of section 36.06 of such article to satisfy the require-
    49  ments of this section, and provided further that a provider who complies
    50  with  the requirements of subdivision (b) of section 36.06 of such arti-
    51  cle, shall be deemed to have satisfied the requirements of this section.
    52    § 4. Subdivision (a) of section 31.35 of the mental  hygiene  law,  as
    53  amended  by  chapter  83  of  the  laws  of  2013, is amended to read as
    54  follows:
    55    (a) Every provider of services who contracts with or  is  approved  or
    56  otherwise authorized by the office of mental health to provide services,

        S. 4007--C                         156                        A. 3007--C
 
     1  except  (1)  a department facility, (2) a hospital as defined in article
     2  twenty-eight of the public health law, or (3)  a  licensed  professional
     3  under  title  eight  of the education law who does not have employees or
     4  volunteers  who  will have regular and substantial unsupervised or unre-
     5  stricted physical contact with the clients of such provider,  and  every
     6  applicant  to  be  such  a  provider of services except (i) a department
     7  facility, (ii) a hospital as defined  in  article  twenty-eight  of  the
     8  public health law, or (iii) a licensed professional under title eight of
     9  the  education  law  who  does not have employees or volunteers who will
    10  have regular  and  substantial  unsupervised  or  unrestricted  physical
    11  contact  with  the  clients  of  such  provider,  shall request that the
    12  justice center for the protection of people with  special  needs  check,
    13  and  upon  such  request  such justice center shall request and shall be
    14  authorized to receive from the division  of  criminal  justice  services
    15  criminal history information, as such phrase is defined in paragraph (c)
    16  of  subdivision  one of section eight hundred forty-five-b of the execu-
    17  tive law, concerning each prospective operator, employee or volunteer of
    18  such provider who will have  regular  and  substantial  unsupervised  or
    19  unrestricted  physical  contact  with  the clients of such provider. For
    20  purposes of this section, "operator" shall include  any  natural  person
    21  with  an  ownership  interest  in  the provider of services.   Provided,
    22  however, an applicant to be a  provider  of  services,  or  provider  of
    23  services  approved  or otherwise authorized, under article thirty-six of
    24  this title shall comply with the  requirements  of  subdivision  (a)  of
    25  section  36.06  of  such  article  to  satisfy  the requirements of this
    26  section, and provided further that an applicant or provider who complies
    27  with the requirements of subdivision (b) of section 36.06 of such  arti-
    28  cle, shall be deemed to have satisfied the requirements of this section.
    29    §  5. This act shall take effect six months after it shall have become
    30  a law; provided however, that the commissioners  of  mental  health  and
    31  addiction  services and supports are authorized to adopt rules and regu-
    32  lations necessary to implement this act prior to such effective date.
 
    33                                   PART II
 
    34    Section 1. This Part enacts into law major components  of  legislation
    35  relating  to improving access to behavioral health services. Each compo-
    36  nent is wholly contained within  a  Subpart  identified  as  Subparts  A
    37  through  F.  The  effective date for each particular provision contained
    38  within such Subpart is set forth in the last section  of  such  Subpart.
    39  Any  provision  in any section contained within a Subpart, including the
    40  effective date of the Subpart, which makes reference to  a  section  "of
    41  this act", when used in connection with that particular component, shall
    42  be  deemed to mean and refer to the corresponding section of the Subpart
    43  in which it is found. Section three of this act sets forth  the  general
    44  effective date of this Part.
 
    45                                  SUBPART A
 
    46    Section  1. Item (i) of subparagraph (A) of paragraph 35 of subsection
    47  (i) of section 3216 of the insurance law, as amended by chapter  818  of
    48  the laws of 2022, is amended to read as follows:
    49    (i)  where  the  policy provides coverage for inpatient hospital care,
    50  such policy shall include benefits for: inpatient care in a hospital  as
    51  defined  by  subdivision  ten  of section 1.03 of the mental hygiene law
    52  [and benefits for]; sub-acute care in a residential facility licensed or

        S. 4007--C                         157                        A. 3007--C

     1  operated by the office of mental health; outpatient care  provided  [in]
     2  by  a  facility  issued  an operating certificate by the commissioner of
     3  mental health pursuant to the provisions of article  thirty-one  of  the
     4  mental  hygiene  law[,]  or [in] by a facility operated by the office of
     5  mental health[, or in]; outpatient care provided by a crisis  stabiliza-
     6  tion  center  licensed  pursuant  to section 36.01 of the mental hygiene
     7  law[,];  outpatient  care  provided  by  a  mobile  crisis  intervention
     8  services  provider  licensed,  certified, or designated by the office of
     9  mental health or the office of addiction services and supports;   outpa-
    10  tient  and  inpatient  care  for critical time intervention services and
    11  outpatient care for assertive community treatment services  provided  by
    12  facilities issued an operating certificate by the commissioner of mental
    13  health  pursuant  to  the provisions of article thirty-one of the mental
    14  hygiene law, beginning no later than  thirty  days  following  discharge
    15  from  a  hospital  as  defined by subdivision ten of section 1.03 of the
    16  mental hygiene law or the emergency department of  a  hospital  licensed
    17  pursuant  to article twenty-eight of the public health law; or, for care
    18  provided in other states, to similarly licensed or  certified  hospitals
    19  [or], facilities, or licensed, certified or designated providers; and
    20    §  2.  Items  (iii)  and  (iv)  of subparagraph (E) of paragraph 35 of
    21  subsection (i) of section 3216 of the insurance law, as added by section
    22  8 of subpart A of part BB of chapter 57 of the laws of 2019, are amended
    23  and three new items (v), (vi) and (vii) are added to read as follows:
    24    (iii) "treatment limitation" means limits on the frequency  of  treat-
    25  ment, number of visits, days of coverage, or other similar limits on the
    26  scope  or  duration  of treatment and includes nonquantitative treatment
    27  limitations such as: medical management standards limiting or  excluding
    28  benefits  based  on medical necessity, or based on whether the treatment
    29  is experimental or investigational; formulary  design  for  prescription
    30  drugs;  network tier design; standards for provider admission to partic-
    31  ipate in a network, including reimbursement rates; methods for determin-
    32  ing usual, customary, and reasonable charges; fail-first or step therapy
    33  protocols; exclusions based on failure to complete a  course  of  treat-
    34  ment;  and  restrictions  based  on  geographic location, facility type,
    35  provider specialty, and other criteria that limit the scope or  duration
    36  of benefits for services provided under the policy; [and]
    37    (iv)  "mental  health  condition"  means any mental health disorder as
    38  defined in the most recent edition of  the  diagnostic  and  statistical
    39  manual  of mental disorders or the most recent edition of another gener-
    40  ally recognized independent standard of current medical practice such as
    41  the international classification of diseases[.];
    42    (v) "assertive community treatment services" means a comprehensive and
    43  integrated combination of treatment,  rehabilitation,  case  management,
    44  and  support  services  primarily  provided in an insured's residence or
    45  other community locations by a mobile  multidisciplinary  mental  health
    46  treatment  team  licensed  pursuant  to article thirty-one of the mental
    47  hygiene law;
    48    (vi) "critical time intervention services" means services rendered  by
    49  a  provider  licensed under article thirty-one of the mental hygiene law
    50  that provides evidence-based,  therapeutic  interventions  that  include
    51  intensive  outreach, engagement, and care coordination services that are
    52  provided to an insured before the insured is discharged  from  inpatient
    53  care  in a hospital as defined by subdivision ten of section 1.03 of the
    54  mental hygiene law or the emergency department of  a  hospital  licensed
    55  pursuant  to  article twenty-eight of the public health law and continue
    56  after discharge until the insured is stabilized; and

        S. 4007--C                         158                        A. 3007--C
 
     1    (vii) "residential facility" means  crisis  residence  facilities  and
     2  community  residences  for eating disorder integrated treatment programs
     3  licensed pursuant to article thirty-one of the mental hygiene law.
     4    §  3.  Paragraph 35 of subsection (i) of section 3216 of the insurance
     5  law is amended by adding a new subparagraph (I) to read as follows:
     6    (I) This  subparagraph  shall  apply  to  mobile  crisis  intervention
     7  services  providers  licensed, certified, or designated by the office of
     8  mental health or the office of addiction   services and supports.    For
     9  purposes  of  this  subparagraph,  "mobile crisis intervention services"
    10  means mental health and substance use disorder services  consisting  of:
    11  (1) telephonic crisis triage and response; (2) mobile crisis response to
    12  provide  intervention  and  facilitate access to other behavioral health
    13  services; and (3) mobile and telephonic  follow-up  services  after  the
    14  initial  crisis response until the insured is stabilized, provided to an
    15  insured who is experiencing, or is at imminent risk of  experiencing,  a
    16  behavioral  health  crisis, which includes instances in which an insured
    17  cannot manage their primarily psychiatric or substance use related symp-
    18  toms without de-escalation or intervention.  Mobile crisis  intervention
    19  services  do  not  include  services  provided  to  an insured after the
    20  insured has been stabilized.
    21    (i) Benefits for covered services provided by a mobile  crisis  inter-
    22  vention  services  provider  shall  not  be subject to preauthorization.
    23  Except where otherwise required by law,  nothing  in  this  subparagraph
    24  shall  prevent  services  provided subsequent to the provision of mobile
    25  crisis intervention services from being subject to preauthorization.
    26    (ii) Benefits for covered services provided by a mobile crisis  inter-
    27  vention  services  provider  shall  be covered regardless of whether the
    28  mobile crisis intervention services provider is a participating  provid-
    29  er.
    30    (iii)  If  the  covered  services  are provided by a non-participating
    31  mobile crisis intervention  services  provider,  an  insurer  shall  not
    32  impose  any administrative requirement or limitation on coverage that is
    33  more restrictive than the requirements  or  limitations  that  apply  to
    34  covered  services  received  from  a  participating mobile crisis inter-
    35  vention services provider.
    36    (iv) If the covered  services  are  provided  by  a  non-participating
    37  mobile  crisis  intervention services provider, the insured's copayment,
    38  coinsurance, and deductible shall be the same as  would  apply  if  such
    39  covered  services  were provided by a participating mobile crisis inter-
    40  vention services provider.
    41    (v) A mobile crisis intervention services provider reimbursed pursuant
    42  to this section shall not charge or seek any reimbursement from, or have
    43  any recourse against, an insured for the services provided  pursuant  to
    44  this  subparagraph,  except for the collection of in-network copayments,
    45  coinsurance, or deductibles for which the  insured  is  responsible  for
    46  under the terms of the policy.
    47    §  4.  Paragraph 35 of subsection (i) of section 3216 of the insurance
    48  law is amended by adding a new subparagraph (J) to read as follows:
    49    (J) This subparagraph shall apply to school-based mental health  clin-
    50  ics  that  are  licensed  pursuant  to  article thirty-one of the mental
    51  hygiene law and provide outpatient care in  pre-school,  elementary,  or
    52  secondary  schools.  An  insurer shall provide reimbursement for covered
    53  outpatient care when provided by such school-based mental health clinics
    54  at a pre-school, elementary, or secondary school, regardless of  whether
    55  the  school-based  mental  health  clinic  furnishing such services is a
    56  participating provider with respect to such services.  Reimbursement for

        S. 4007--C                         159                        A. 3007--C
 
     1  such covered services shall be at the rate negotiated between the insur-
     2  er and school-based mental health clinic or, in the absence of a negoti-
     3  ated rate, an amount no less than the rate that would be paid  for  such
     4  services  pursuant  to the medical assistance program under title eleven
     5  of article five of the social services law. Payment by an insurer pursu-
     6  ant to this section shall be payment in full for the services  provided.
     7  The  school-based  mental  health  clinic  reimbursed  pursuant  to this
     8  section shall not charge or seek any reimbursement  from,  or  have  any
     9  recourse  against, an insured for the services provided pursuant to this
    10  subparagraph, except for the collection of in-network copayments,  coin-
    11  surance,  or  deductibles for which the insured is responsible for under
    12  the terms of the policy.
    13    § 5. Item (i) of subparagraph (A) of paragraph 5 of subsection (l)  of
    14  section  3221  of the insurance law, as amended by section 14 of part AA
    15  of chapter 57 of the laws of 2021, is amended to read as follows:
    16    (i) where the policy provides coverage for  inpatient  hospital  care,
    17  benefits for: inpatient care in a hospital as defined by subdivision ten
    18  of  section 1.03 of the mental hygiene law [and benefits for]; sub-acute
    19  care in a residential facility licensed or operated  by  the  office  of
    20  mental  health;  outpatient  care  provided [in] by a facility issued an
    21  operating certificate by the commissioner of mental health  pursuant  to
    22  the  provisions of article thirty-one of the mental hygiene law, or [in]
    23  by a facility operated by the office of mental health  [or  in];  outpa-
    24  tient  care  provided by a crisis stabilization center licensed pursuant
    25  to section 36.01 of the mental hygiene law; outpatient care provided  by
    26  a  mobile  crisis intervention services provider licensed, certified, or
    27  designated by the office of mental health or  the  office  of  addiction
    28  services  and  supports; outpatient and inpatient care for critical time
    29  intervention services and outpatient care for assertive community treat-
    30  ment services provided by facilities issued an operating certificate  by
    31  the  commissioner of mental health pursuant to the provisions of article
    32  thirty-one of the mental hygiene law, beginning  no  later  than  thirty
    33  days  following  discharge from a hospital as defined by subdivision ten
    34  of section 1.03 of the mental hygiene law or the emergency department of
    35  a hospital licensed pursuant  to  article  twenty-eight  of  the  public
    36  health law; or, for care provided in other states, to similarly licensed
    37  or  certified  hospitals  [or],  facilities,  or  licensed, certified or
    38  designated providers; and
    39    § 6. Items (iii) and (iv)  of  subparagraph  (E)  of  paragraph  5  of
    40  subsection (l) of section 3221 of the insurance law, as added by section
    41  14  of  subpart  A  of  part  BB  of chapter 57 of the laws of 2019, are
    42  amended and three new items (v), (vi) and (vii) are  added  to  read  as
    43  follows:
    44    (iii)  "treatment  limitation" means limits on the frequency of treat-
    45  ment, number of visits, days of coverage, or other similar limits on the
    46  scope or duration of treatment and  includes  nonquantitative  treatment
    47  limitations  such as: medical management standards limiting or excluding
    48  benefits based on medical necessity, or based on whether  the  treatment
    49  is  experimental  or  investigational; formulary design for prescription
    50  drugs; network tier design; standards for provider admission to  partic-
    51  ipate in a network, including reimbursement rates; methods for determin-
    52  ing usual, customary, and reasonable charges; fail-first or step therapy
    53  protocols;  exclusions  based  on failure to complete a course of treat-
    54  ment; and restrictions based  on  geographic  location,  facility  type,
    55  provider  specialty, and other criteria that limit the scope or duration
    56  of benefits for services provided under the policy; [and]

        S. 4007--C                         160                        A. 3007--C
 
     1    (iv) "mental health condition" means any  mental  health  disorder  as
     2  defined  in  the  most  recent edition of the diagnostic and statistical
     3  manual of mental disorders or the most recent edition of another  gener-
     4  ally recognized independent standard of current medical practice such as
     5  the international classification of diseases[.];
     6    (v) "assertive community treatment services" means a comprehensive and
     7  integrated  combination  of  treatment, rehabilitation, case management,
     8  and support services primarily provided in  an  insured's  residence  or
     9  other  community  locations  by a mobile multidisciplinary mental health
    10  treatment team licensed pursuant to article  thirty-one  of  the  mental
    11  hygiene law;
    12    (vi)  "critical time intervention services" means services rendered by
    13  a provider licensed under article thirty-one of the mental  hygiene  law
    14  that  provides  evidence-based,  therapeutic  interventions that include
    15  intensive outreach, engagement, and care coordination services that  are
    16  provided  to  an insured before the insured is discharged from inpatient
    17  care in a hospital as defined by subdivision ten of section 1.03 of  the
    18  mental  hygiene  law  or the emergency department of a hospital licensed
    19  pursuant to article twenty-eight of the public health law  and  continue
    20  after discharge until the insured is stabilized; and
    21    (vii)  "residential  facility"  means  crisis residence facilities and
    22  community residences for eating disorder integrated  treatment  programs
    23  licensed pursuant to article thirty-one of the mental hygiene law.
    24    §  7.  Paragraph  5 of subsection (l) of section 3221 of the insurance
    25  law is amended by adding a new subparagraph (I) to read as follows:
    26    (I) This  subparagraph  shall  apply  to  mobile  crisis  intervention
    27  services  providers  licensed, certified, or designated by the office of
    28  mental health or the office of addiction services  and  supports.    For
    29  purposes  of  this  subparagraph,  "mobile crisis intervention services"
    30  means mental health and substance use disorder services, consisting  of:
    31  (1) telephonic crisis triage and response; (2) mobile crisis response to
    32  provide  intervention  and  facilitate access to other behavioral health
    33  services; and (3) mobile and telephonic  follow-up  services  after  the
    34  initial  crisis  response until the insured is stabilized provided to an
    35  insured who is experiencing, or is at imminent risk of  experiencing,  a
    36  behavioral  health  crisis, which includes instances in which an insured
    37  cannot manage their primarily psychiatric or substance use related symp-
    38  toms without de-escalation or intervention.  Mobile crisis  intervention
    39  services  do  not  include  services  provided  to  an insured after the
    40  insured has been stabilized.
    41    (i) Benefits for covered services provided by a mobile  crisis  inter-
    42  vention  services  provider  shall  not  be subject to preauthorization.
    43  Except where otherwise required by law,  nothing  in  this  subparagraph
    44  shall  prevent  services  provided subsequent to the provision of mobile
    45  crisis intervention services from being subject to preauthorization.
    46    (ii) Benefits for covered services provided by a mobile crisis  inter-
    47  vention  services  provider  shall  be covered regardless of whether the
    48  mobile crisis intervention services provider is a participating  provid-
    49  er.
    50    (iii)  If  the  covered  services  are provided by a non-participating
    51  mobile crisis intervention  services  provider,  an  insurer  shall  not
    52  impose  any administrative requirement or limitation on coverage that is
    53  more restrictive than the requirements  or  limitations  that  apply  to
    54  covered  services  received  from  a  participating mobile crisis inter-
    55  vention services provider.

        S. 4007--C                         161                        A. 3007--C
 
     1    (iv) If the covered  services  are  provided  by  a  non-participating
     2  mobile  crisis  intervention services provider, the insured's copayment,
     3  coinsurance, and deductible shall be the same as  would  apply  if  such
     4  covered  services  were provided by a participating mobile crisis inter-
     5  vention services provider.
     6    (v) A  mobile crisis intervention services provider reimbursed  pursu-
     7  ant  to  this  section shall not charge or seek any reimbursement  from,
     8  or have  any recourse   against, an insured for  the  services  provided
     9  pursuant  to  this subparagraph, except for the collection of in-network
    10  copayments,  coinsurance,   or   deductibles for which  the  insured  is
    11  responsible for under the terms of the policy.
    12    §  8.  Paragraph  5 of subsection (l) of section 3221 of the insurance
    13  law is amended by adding a new subparagraph (J) to read as follows:
    14    (J) This subparagraph shall apply to school-based mental health  clin-
    15  ics  that  are  licensed  pursuant  to  article thirty-one of the mental
    16  hygiene law and provide outpatient care in  pre-school,  elementary,  or
    17  secondary  schools.  An  insurer shall provide reimbursement for covered
    18  outpatient care when provided by such school-based mental health clinics
    19  at a pre-school, elementary, or secondary school, regardless of  whether
    20  the  school-based  mental  health  clinic  furnishing such services is a
    21  participating provider with respect to such services.  Reimbursement for
    22  such covered services shall be at the rate negotiated between the insur-
    23  er and school-based mental health clinic or, in the absence of a negoti-
    24  ated rate, an amount no less than the rate that would be paid  for  such
    25  services  pursuant  to the medical assistance program under title eleven
    26  of article five of the social services law. Payment by an insurer pursu-
    27  ant to this section shall be payment in full for the services  provided.
    28  The  school-based  mental  health  clinic  reimbursed  pursuant  to this
    29  section shall not charge or seek any  reimbursement  from  or  have  any
    30  recourse  against, an insured for the services provided pursuant to this
    31  subparagraph, except for the collection of in-network copayments,  coin-
    32  surance,  or  deductibles for which the insured is responsible for under
    33  the terms of the policy.
    34    § 9. Paragraph 1 of subsection (g) of section 4303  of  the  insurance
    35  law,  as  amended  by section 18 of part AA of chapter 57 of the laws of
    36  2021, is amended to read as follows:
    37    (1) where the contract provides coverage for inpatient hospital  care,
    38  benefits  for:  in-patient  care in a hospital as defined by subdivision
    39  ten of section 1.03 of the mental hygiene law  [or  for  inpatient  care
    40  provided  in other states, to similarly licensed hospitals, and benefits
    41  for]; sub-acute care in a residential facility licensed or  operated  by
    42  the office of mental health; [out-patient] outpatient care provided [in]
    43  by  a  facility  issued  an operating certificate by the commissioner of
    44  mental health pursuant to the provisions of article  thirty-one  of  the
    45  mental  hygiene  law  or  [in]  by  a facility operated by the office of
    46  mental health [or in]; outpatient care provided by a  crisis  stabiliza-
    47  tion  center  licensed  pursuant  to section 36.01 of the mental hygiene
    48  law; outpatient care provided by a mobile crisis  intervention  services
    49  provider  licensed,  certified,  or  designated  by the office of mental
    50  health or the office of addiction services and supports; outpatient  and
    51  inpatient  care  for  critical time intervention services and outpatient
    52  care for assertive community treatment services provided  by  facilities
    53  issued  an  operating  certificate  by the commissioner of mental health
    54  pursuant to the provisions of article thirty-one of the  mental  hygiene
    55  law,  beginning  no  later  than  thirty days following discharge from a
    56  hospital as defined by subdivision ten of section  1.03  of  the  mental

        S. 4007--C                         162                        A. 3007--C
 
     1  hygiene  law or the emergency department of a hospital licensed pursuant
     2  to article twenty-eight of the public health law; or  for  [out-patient]
     3  care provided in other states, to similarly licensed or certified hospi-
     4  tals, facilities, or licensed, certified or designated providers; and
     5    §  10.  Subparagraphs  (C) and (D) of paragraph 6 of subsection (g) of
     6  section 4303 of the insurance law, as added by section 23 of  subpart  A
     7  of  part BB of chapter 57 of the laws of 2019, are amended and three new
     8  subparagraphs (E), (F) and (G) are added to read as follows:
     9    (C) "treatment limitation" means limits on the frequency of treatment,
    10  number of visits, days of coverage, or other similar limits on the scope
    11  or duration of treatment and includes nonquantitative treatment  limita-
    12  tions  such as: medical management standards limiting or excluding bene-
    13  fits based on medical necessity, or based on whether  the  treatment  is
    14  experimental  or  investigational;  formulary  design  for  prescription
    15  drugs; network tier design; standards for provider admission to  partic-
    16  ipate in a network, including reimbursement rates; methods for determin-
    17  ing usual, customary, and reasonable charges; fail-first or step therapy
    18  protocols;  exclusions  based  on failure to complete a course of treat-
    19  ment; and restrictions based  on  geographic  location,  facility  type,
    20  provider  specialty, and other criteria that limit the scope or duration
    21  of benefits for services provided under the contract; [and]
    22    (D) "mental health condition" means  any  mental  health  disorder  as
    23  defined  in  the  most  recent edition of the diagnostic and statistical
    24  manual of mental disorders or the most recent edition of another  gener-
    25  ally recognized independent standard of current medical practice such as
    26  the international classification of diseases[.];
    27    (E) "assertive community treatment services" means a comprehensive and
    28  integrated  combination  of  treatment, rehabilitation, case management,
    29  and support services primarily provided in  an  insured's  residence  or
    30  other  community  locations  by a mobile multidisciplinary mental health
    31  treatment team licensed pursuant to article  thirty-one  of  the  mental
    32  hygiene law;
    33    (F) "critical time intervention services" means services rendered by a
    34  provider  licensed  under  article  thirty-one of the mental hygiene law
    35  that provides evidence-based,  therapeutic  interventions  that  include
    36  intensive  outreach, engagement, and care coordination services that are
    37  provided to an insured before the insured is discharged  from  inpatient
    38  care  in a hospital as defined by subdivision ten of section 1.03 of the
    39  mental hygiene law or the emergency department of  a  hospital  licensed
    40  pursuant  to  article twenty-eight of the public health law and continue
    41  after discharge until the insured is stabilized; and
    42    (G) "residential  facility"  means  crisis  residence  facilities  and
    43  community  residences  for eating disorder integrated treatment programs
    44  licensed pursuant to article thirty-one of the mental hygiene law.
    45    § 11. Subsection (g) of section 4303 of the insurance law  is  amended
    46  by adding a new paragraph 10 to read as follows:
    47    (10) This paragraph shall apply to mobile crisis intervention services
    48  providers  licensed,  certified,  or  designated by the office of mental
    49  health or the office of addiction services and supports.   For  purposes
    50  of  this  paragraph,  "mobile crisis intervention services" means mental
    51  health and substance use disorder services, consisting of: (1) telephon-
    52  ic crisis triage and response; (2) mobile  crisis  response  to  provide
    53  intervention  and facilitate access to other behavioral health services;
    54  and (3) mobile and  telephonic  follow-up  services  after  the  initial
    55  crisis  response until the insured is stabilized, provided to an insured
    56  who is experiencing, or is at imminent risk of  experiencing,  a  behav-

        S. 4007--C                         163                        A. 3007--C
 
     1  ioral health crisis, which includes instances in which an insured cannot
     2  manage  their  primarily  psychiatric  or substance use related symptoms
     3  without de-escalation  or  intervention.    Mobile  crisis  intervention
     4  services  do  not  include  services  provided  to  an insured after the
     5  insured has been stabilized.
     6    (A)  Benefits for covered services provided by a mobile crisis  inter-
     7  vention  services  provider  shall  not  be subject to preauthorization.
     8  Except where otherwise required by law, nothing in this paragraph  shall
     9  prevent  services  provided subsequent to the provision of mobile crisis
    10  intervention services from being subject to preauthorization.
    11    (B) Benefits for covered services provided by a mobile  crisis  inter-
    12  vention  services  provider  shall  be covered regardless of whether the
    13  mobile crisis intervention services provider is a participating  provid-
    14  er.
    15    (C)    If  the  covered  services  are provided by a non-participating
    16  mobile crisis intervention services provider, a  corporation  shall  not
    17  impose  any administrative requirement or limitation on coverage that is
    18  more restrictive than the requirements  or  limitations  that  apply  to
    19  covered  services  received  from  a  participating mobile crisis inter-
    20  vention services provider.
    21    (D)   If the covered services  are  provided  by  a  non-participating
    22  mobile  crisis  intervention services provider, the insured's copayment,
    23  coinsurance, and deductible shall be the same as  would  apply  if  such
    24  covered  services  were provided by a participating mobile crisis inter-
    25  vention services provider.
    26    (E) A  mobile crisis intervention services provider reimbursed  pursu-
    27  ant to this section shall not charge or seek any  reimbursement    from,
    28  or  have    any recourse   against, an insured for the services provided
    29  pursuant to this subparagraph, except for the collection  of  in-network
    30  copayments,    coinsurance,    or   deductibles for which the insured is
    31  responsible for under the terms of the contract.
    32    § 12. Subsection (g) of section 4303 of the insurance law  is  amended
    33  by adding a new paragraph 11 to read as follows:
    34    (11)  This paragraph shall apply to school-based mental health clinics
    35  that are licensed pursuant to article thirty-one of the  mental  hygiene
    36  law  and provide outpatient care in pre-school, elementary, or secondary
    37  schools. A corporation shall provide reimbursement  for  covered  outpa-
    38  tient care when provided by such school-based mental health clinics at a
    39  pre-school,  elementary,  or secondary school, regardless of whether the
    40  school-based mental health clinic furnishing such services is a  partic-
    41  ipating  provider with respect to such services.  Reimbursement for such
    42  covered services shall be at the rate negotiated between the corporation
    43  and school-based mental health clinic or, in the absence of a negotiated
    44  rate, an amount no less than the  rate  that  would  be  paid  for  such
    45  services  pursuant  to the medical assistance program under title eleven
    46  of article five of the social services law.  Payment  by  a  corporation
    47  pursuant  to  this  section  shall  be  payment in full for the services
    48  provided. The school-based mental health clinic reimbursed  pursuant  to
    49  this  section  shall  not charge or seek any reimbursement from, or have
    50  any recourse against, a corporation for the services  provided  pursuant
    51  to  this  paragraph, except for the collection of in-network copayments,
    52  coinsurance, or deductibles for which the  insured  is  responsible  for
    53  under the terms of the contract.
    54    §  13.  Paragraphs  1  and  2  of subsection (a) of section 605 of the
    55  financial services law, as amended by section 5 of subpart A of part  AA
    56  of chapter 57 of the laws of 2022, are amended to read as follows:

        S. 4007--C                         164                        A. 3007--C

     1    (1)  When  a  health  care plan receives a bill for emergency services
     2  from a  non-participating  provider,  including  a  bill  for  inpatient
     3  services  which  follow  an emergency room visit, or a bill for services
     4  from a mobile crisis intervention services provider licensed, certified,
     5  or  designated by the office of mental health or the office of addiction
     6  services and supports, the health care plan shall pay an amount that  it
     7  determines is reasonable for the emergency services, including inpatient
     8  services  which  follow an emergency room visit or for the mobile crisis
     9  intervention services, rendered by the  non-participating  provider,  in
    10  accordance  with section three thousand two hundred twenty-four-a of the
    11  insurance law, except  for  the  insured's  co-payment,  coinsurance  or
    12  deductible,  if  any,  and  shall ensure that the insured shall incur no
    13  greater out-of-pocket costs for the emergency services, including  inpa-
    14  tient  services  which  follow an emergency room visit or for the mobile
    15  crisis intervention services, than the insured would have incurred  with
    16  a  participating  provider.  The non-participating provider may bill the
    17  health care plan for the services rendered. Upon receipt  of  the  bill,
    18  the health care plan shall pay the non-participating provider the amount
    19  prescribed  by  this  section and any subsequent amount determined to be
    20  owed to the provider in relation to  the  emergency  services  provided,
    21  including  inpatient  services  which follow an emergency room visit  or
    22  for the mobile crisis intervention services.
    23    (2) A non-participating provider or a health care plan  may  submit  a
    24  dispute  regarding  a  fee  or payment for emergency services, including
    25  inpatient services which follow an emergency room visit, or for services
    26  rendered by a mobile crisis  intervention  services  provider  licensed,
    27  certified, or designated by the office of mental health or the office of
    28  addiction  services  and  supports, for review to an independent dispute
    29  resolution entity.
    30    § 14. Subsection (b) of section 606 of the financial services law,  as
    31  amended  by  section 7 of subpart A of part AA of chapter 57 of the laws
    32  of 2022, is amended to read as follows:
    33    (b) A non-participating provider shall not bill an insured  for  emer-
    34  gency  services,  including inpatient services which follow an emergency
    35  room visit, or for services rendered by  a  mobile  crisis  intervention
    36  services  provider  licensed,  certified, or designated by the office of
    37  mental health or the office of addiction services and  supports,  except
    38  for  any  applicable  copayment, coinsurance or deductible that would be
    39  owed if the insured utilized a participating provider.
    40    § 15. This act shall take effect January 1, 2024;  provided,  however,
    41  that  sections  four, eight, and twelve of this act shall apply to poli-
    42  cies and contracts issued, renewed, amended, modified or altered  on  or
    43  after  such  date;  provided,  however, that sections one through three,
    44  five through seven, nine through eleven, thirteen and fourteen  of  this
    45  act shall take effect on January 1, 2025; provided further that sections
    46  one through three, five through seven, nine through eleven, thirteen and
    47  fourteen  of  this act shall not take effect until after the superinten-
    48  dent of financial services and the commissioner of health  have  promul-
    49  gated regulations pursuant to paragraph two of subsection (a) of section
    50  3241  of  the  insurance  law  and  paragraph (b) of subdivision five of
    51  section 4403 of the public health law and, thereafter,  shall  apply  to
    52  policies  and  contracts  issued,  renewed, amended, modified or altered
    53  ninety days after the  superintendent  of  financial  services  and  the
    54  commissioner  of health, in consultation with the commissioner of mental
    55  health and the commissioner of addiction  services  and  supports,  have
    56  determined,  for a particular provider type, that there are a sufficient

        S. 4007--C                         165                        A. 3007--C
 
     1  number of certified, licensed, or designated providers available in this
     2  state of sub-acute care in a residential facility,  assertive  community
     3  treatment services, critical time intervention services or mobile crisis
     4  intervention  services,  respectively, to meet network adequacy require-
     5  ments as required under subsection (a) of section 3241 of the  insurance
     6  law  and paragraph (b) of subdivision five of section 4403 of the public
     7  health law;  provided  however  that  the  superintendent  of  financial
     8  services  and  commissioner  of health shall notify the legislative bill
     9  drafting commission upon the occurrence of  the  date  such  regulations
    10  appear  in  the  state  register and the date of their adoption in order
    11  that the commission may maintain an accurate and timely effective  data-
    12  base of the official text of the laws of the state of New York in furth-
    13  erance  of  effectuating the provisions of section 44 of the legislative
    14  law and section 70-b of the public officers law.
 
    15                                  SUBPART B
 
    16    Section 1. Subparagraphs (G) and (H) of paragraph 35 of subsection (i)
    17  of section 3216 of the insurance  law,  subparagraph  (G)  as  added  by
    18  section  8 of subpart A of part BB of chapter 57 of the laws of 2019 and
    19  subparagraph (H) as added by section 13 of part AA of chapter 57 of  the
    20  laws of 2021, are amended to read as follows:
    21    (G)  This  subparagraph  shall apply to hospitals and crisis residence
    22  facilities in this state that are licensed or operated by the office  of
    23  mental  health that are participating in the insurer's provider network.
    24  Where the policy provides coverage for inpatient hospital care, benefits
    25  for inpatient hospital care in a hospital as defined by subdivision  ten
    26  of  section  1.03 of the mental hygiene law [provided to individuals who
    27  have not attained the age of eighteen] and benefits for  sub-acute  care
    28  in  a  crisis  residence  facility licensed or operated by the office of
    29  mental  health  shall  not  be  subject  to  preauthorization.  Coverage
    30  provided under this subparagraph shall also not be subject to concurrent
    31  utilization  review  for  individuals  who  have not attained the age of
    32  eighteen during the first fourteen  days  of  the  inpatient  admission,
    33  provided the facility notifies the insurer of both the admission and the
    34  initial  treatment  plan  within  two  business  days  of the admission,
    35  performs daily clinical review of the  [patient]  insured,  and  partic-
    36  ipates  in  periodic  consultation  with  the insurer to ensure that the
    37  facility is using the evidence-based and peer reviewed  clinical  review
    38  criteria  utilized  by  the  insurer  which is approved by the office of
    39  mental health and appropriate to the age of the  [patient]  insured,  to
    40  ensure  that the inpatient care is medically necessary for the [patient]
    41  insured. For  individuals  who  have  attained  age  eighteen,  coverage
    42  provided under this subparagraph shall also not be subject to concurrent
    43  review  during  the  first  thirty  days of the inpatient or residential
    44  admission, provided the facility notifies the insurer of both the admis-
    45  sion and the initial treatment plan within  two  business  days  of  the
    46  admission,  performs  daily  clinical review of the insured, and partic-
    47  ipates in periodic consultation with the  insurer  to  ensure  that  the
    48  facility  is  using the evidence-based and peer reviewed clinical review
    49  criteria utilized by the insurer which is  approved  by  the  office  of
    50  mental  health and appropriate to the age of the insured, to ensure that
    51  the inpatient  or  residential  care  is  medically  necessary  for  the
    52  insured.    However, concurrent review may be performed during the first
    53  thirty days if an insured meets  clinical  criteria  designated  by  the
    54  office  of  mental health or where the insured is admitted to a hospital

        S. 4007--C                         166                        A. 3007--C

     1  or facility which has been designated by the office of mental health for
     2  concurrent review, in consultation with the commissioner of  health  and
     3  the  superintendent.  All treatment provided under this subparagraph may
     4  be  reviewed  retrospectively.  Where care is denied retrospectively, an
     5  insured shall not have any financial obligation to the facility for  any
     6  treatment under this subparagraph other than any copayment, coinsurance,
     7  or deductible otherwise required under the policy.
     8    (H)  This  subparagraph shall apply to crisis stabilization centers in
     9  this state that are licensed pursuant to section  36.01  of  the  mental
    10  hygiene  law and participate in the insurer's provider network. Benefits
    11  for care [in] by a crisis stabilization center shall not be  subject  to
    12  preauthorization.  All treatment provided under this subparagraph may be
    13  reviewed retrospectively.  Where  care  is  denied  retrospectively,  an
    14  insured  shall not have any financial obligation to the facility for any
    15  treatment under this subparagraph other than any copayment, coinsurance,
    16  or deductible otherwise required under the policy.
    17    § 2. Subparagraphs (G) and (H) of paragraph 5  of  subsection  (l)  of
    18  section  3221 of the insurance law, subparagraph (G) as added by section
    19  14 of subpart A of part BB of chapter 57 of the laws of 2019 and subpar-
    20  agraph (H) as added by section 15 of part AA of chapter 57 of  the  laws
    21  of 2021, are amended to read as follows:
    22    (G)  This  subparagraph  shall apply to hospitals and crisis residence
    23  facilities in this state that are licensed or operated by the office  of
    24  mental  health that are participating in the insurer's provider network.
    25  Where the policy provides coverage for inpatient hospital care, benefits
    26  for inpatient hospital care in a hospital as defined by subdivision  ten
    27  of  section  1.03 of the mental hygiene law [provided to individuals who
    28  have not attained the age of eighteen] and benefits for  sub-acute  care
    29  in  a  crisis  residence  facility licensed or operated by the office of
    30  mental  health  shall  not  be  subject  to  preauthorization.  Coverage
    31  provided under this subparagraph shall also not be subject to concurrent
    32  utilization  review  for  individuals  who  have not attained the age of
    33  eighteen during the first fourteen  days  of  the  inpatient  admission,
    34  provided the facility notifies the insurer of both the admission and the
    35  initial  treatment  plan  within  two  business  days  of the admission,
    36  performs daily clinical review of the  [patient]  insured,  and  partic-
    37  ipates  in  periodic  consultation  with  the insurer to ensure that the
    38  facility is using the evidence-based and peer reviewed  clinical  review
    39  criteria  utilized  by  the  insurer  which is approved by the office of
    40  mental health and appropriate to the age of  the  [patient]  insured  to
    41  ensure  that the inpatient care is medically necessary for the [patient]
    42  insured. For  individuals  who  have  attained  age  eighteen,  coverage
    43  provided under this subparagraph shall also not be subject to concurrent
    44  review  during  the  first  thirty  days of the inpatient or residential
    45  admission, provided the facility notifies the insurer of both the admis-
    46  sion and the initial treatment plan within  two  business  days  of  the
    47  admission,  performs  daily  clinical review of the insured, and partic-
    48  ipates in periodic consultation with the  insurer  to  ensure  that  the
    49  facility  is  using the evidence-based and peer reviewed clinical review
    50  criteria utilized by the insurer which is  approved  by  the  office  of
    51  mental  health and appropriate to the age of the insured, to ensure that
    52  the inpatient  or  residential  care  is  medically  necessary  for  the
    53  insured.    However, concurrent review may be performed during the first
    54  thirty days if an insured meets  clinical  criteria  designated  by  the
    55  office  of  mental health or where the insured is admitted to a hospital
    56  or facility which has been designated by the office of mental health for

        S. 4007--C                         167                        A. 3007--C
 
     1  concurrent review, in consultation with the commissioner of  health  and
     2  the  superintendent.  All treatment provided under this subparagraph may
     3  be reviewed retrospectively. Where care is  denied  retrospectively,  an
     4  insured  shall not have any financial obligation to the facility for any
     5  treatment under this subparagraph other than any copayment, coinsurance,
     6  or deductible otherwise required under the policy.
     7    (H) This subparagraph shall apply to crisis stabilization  centers  in
     8  this  state  that  are  licensed pursuant to section 36.01 of the mental
     9  hygiene law and participate in the insurer's provider network.  Benefits
    10  for  care  [in] by a crisis stabilization center shall not be subject to
    11  preauthorization. All treatment provided under this subparagraph may  be
    12  reviewed  retrospectively.  Where  care  is  denied  retrospectively, an
    13  insured shall not have any financial obligation to the facility for  any
    14  treatment under this subparagraph other than any copayment, coinsurance,
    15  or deductible otherwise required under the policy.
    16    §  3.  Paragraphs  8  and  9  of subsection (g) of section 4303 of the
    17  insurance law, paragraph 8 as added by section 23 of subpart A  of  part
    18  BB of chapter 57 of the laws of 2019 and paragraph 9 as added by section
    19  19  of part AA of chapter 57 of the laws of 2021, are amended to read as
    20  follows:
    21    (8) This paragraph shall  apply  to  hospitals  and  crisis  residence
    22  facilities  in this state that are licensed or operated by the office of
    23  mental health that  are  participating  in  the  corporation's  provider
    24  network.  Where  the  contract  provides coverage for inpatient hospital
    25  care, benefits for inpatient hospital care in a hospital as  defined  by
    26  subdivision  ten  of section 1.03 of the mental hygiene law [provided to
    27  individuals who have not attained the age of eighteen] and benefits  for
    28  sub-acute  care  in  a crisis residence facility licensed or operated by
    29  the office of mental health shall not be  subject  to  preauthorization.
    30  Coverage  provided  under  this  paragraph  shall also not be subject to
    31  concurrent utilization review for individuals who have not attained  the
    32  age  of  eighteen during the first fourteen days of the inpatient admis-
    33  sion, provided the facility notifies the corporation of both the  admis-
    34  sion  and  the  initial  treatment  plan within two business days of the
    35  admission, performs daily clinical review of the [patient] insured,  and
    36  participates  in  periodic  consultation  with the corporation to ensure
    37  that the facility is using the evidence-based and peer reviewed clinical
    38  review criteria utilized by the corporation which  is  approved  by  the
    39  office  of  mental  health  and  appropriate to the age of the [patient]
    40  insured, to ensure that the inpatient care is  medically  necessary  for
    41  the  [patient] insured.  For individuals who have attained age eighteen,
    42  coverage provided under this paragraph shall  also  not  be  subject  to
    43  concurrent review during the first thirty days of the inpatient or resi-
    44  dential  admission,  provided  the  facility notifies the corporation of
    45  both the admission and the initial treatment plan  within  two  business
    46  days  of  the  admission, performs daily clinical review of the insured,
    47  and participates in periodic consultation with the corporation to ensure
    48  that the facility is using the evidence-based and peer reviewed clinical
    49  review criteria utilized by the corporation which  is  approved  by  the
    50  office  of  mental  health and appropriate to the age of the insured, to
    51  ensure that the inpatient or residential care is medically necessary for
    52  the insured.  However, concurrent review may  be  performed  during  the
    53  first  thirty  days  if an insured meets clinical criteria designated by
    54  the office of mental health or where the insured is admitted to a hospi-
    55  tal or facility which has been designated by the office of mental health
    56  for concurrent review, in consultation with the commissioner  of  health

        S. 4007--C                         168                        A. 3007--C
 
     1  and  the superintendent. All treatment provided under this paragraph may
     2  be reviewed retrospectively. Where care is  denied  retrospectively,  an
     3  insured  shall not have any financial obligation to the facility for any
     4  treatment under this paragraph other than any copayment, coinsurance, or
     5  deductible otherwise required under the contract.
     6    (9) This paragraph shall apply to crisis stabilization centers in this
     7  state  that are licensed pursuant to section 36.01 of the mental hygiene
     8  law and participate in the corporation's provider network. Benefits  for
     9  care  [in]  by  a  crisis  stabilization  center shall not be subject to
    10  preauthorization. All treatment provided under  this  paragraph  may  be
    11  reviewed  retrospectively.  Where  care  is  denied  retrospectively, an
    12  insured shall not have any financial obligation to the facility for  any
    13  treatment under this paragraph other than any copayment, coinsurance, or
    14  deductible otherwise required under the contract.
    15    § 4. Intentionally omitted.
    16    § 5. Intentionally omitted.
    17    §  6. This act shall take effect one year after it shall have become a
    18  law. Effective immediately, the addition, amendment and/or repeal of any
    19  rule or regulation necessary for the implementation of this act  on  its
    20  effective date are authorized to be made and completed on or before such
    21  effective date.
 
    22                                  SUBPART C
 
    23                            Intentionally omitted
 
    24                                  SUBPART D
 
    25                            Intentionally omitted
 
    26                                  SUBPART E
 
    27    Section  1.  Subparagraph  (A)  of paragraph 31-a of subsection (i) of
    28  section 3216 of the insurance law, as added by chapter 748 of  the  laws
    29  of 2019, is amended to read as follows:
    30    (A)  No policy that provides medical, major medical or similar compre-
    31  hensive-type coverage and provides coverage for prescription  drugs  for
    32  medication  for  the treatment of a substance use disorder shall require
    33  prior authorization for an  initial  or  renewal  prescription  for  the
    34  detoxification  or  maintenance  treatment  of a substance use disorder,
    35  including  all  buprenorphine  products,  methadone  [or],  long  acting
    36  injectable  naltrexone [for detoxification or maintenance treatment of a
    37  substance use disorder], or  medication  for  opioid  overdose  reversal
    38  prescribed  or dispensed to an insured covered under the policy, includ-
    39  ing  federal  food  and  drug  administration-approved  over-the-counter
    40  opioid  overdose  reversal  medication  as  prescribed,  dispensed or as
    41  otherwise authorized under state or federal law, except where  otherwise
    42  prohibited by law.
    43    §  2.  Subparagraph  (A) of paragraph 7-a of subsection (l) of section
    44  3221 of the insurance law, as added by chapter 748 of the laws of  2019,
    45  is amended to read as follows:
    46    (A)  No policy that provides medical, major medical or similar compre-
    47  hensive-type small group coverage and provides coverage for prescription
    48  drugs for medication for the treatment of a substance use disorder shall

        S. 4007--C                         169                        A. 3007--C
 
     1  require prior authorization for an initial or renewal  prescription  for
     2  the detoxification or maintenance treatment of a substance use disorder,
     3  including  all buprenorphine products, methadone, long acting injectable
     4  naltrexone,  or  medication  for  opioid overdose reversal prescribed or
     5  dispensed to an insured covered under the policy, including federal food
     6  and  drug  administration-approved  over-the-counter   opioid   overdose
     7  reversal  medication as prescribed, dispensed or as otherwise authorized
     8  under state or federal law, except where otherwise  prohibited  by  law.
     9  Every  policy that provides medical, major medical or similar comprehen-
    10  sive-type large group coverage shall provide  [immediate]  coverage  for
    11  prescription  drugs  for medication for the treatment of a substance use
    12  disorder and shall not require prior authorization  for  an  initial  or
    13  renewal  prescription for the detoxification or maintenance treatment of
    14  a substance use disorder, including all buprenorphine  products,  metha-
    15  done  [or],  long  acting  injectable naltrexone [without prior authori-
    16  zation for the detoxification or maintenance treatment  of  a  substance
    17  use  disorder],  or medication  for  opioid overdose reversal prescribed
    18  or dispensed to an insured covered under the policy,  including  federal
    19  food  and  drug administration-approved over-the-counter opioid overdose
    20  reversal medication as prescribed, dispensed or as otherwise  authorized
    21  under state or federal law, except where otherwise prohibited by law.
    22    §  3.  Paragraph (A) of subsection (l-1) of section 4303 of the insur-
    23  ance law, as added by chapter 748 of the laws of  2019,  is  amended  to
    24  read as follows:
    25    (A)  No  contract  that  provides  medical,  major  medical or similar
    26  comprehensive-type individual  or  small  group  coverage  and  provides
    27  coverage  for  prescription  drugs for medication for the treatment of a
    28  substance use disorder shall require prior authorization for an  initial
    29  or  renewal prescription for the detoxification or maintenance treatment
    30  of a substance  use  disorder,  including  all  buprenorphine  products,
    31  methadone,  long  acting injectable naltrexone, or medication for opioid
    32  overdose reversal prescribed or dispensed to an  insured  covered  under
    33  the  contract,  including  federal food and drug administration-approved
    34  over-the-counter opioid  overdose  reversal  medication  as  prescribed,
    35  dispensed  or as otherwise authorized under state or federal law, except
    36  where otherwise prohibited by law. Every contract that provides medical,
    37  major medical, or similar comprehensive-type large group coverage  shall
    38  provide  [immediate  coverage  for]  coverage for prescription drugs for
    39  medication for the treatment of a substance use disorder and  shall  not
    40  require  prior  authorization for an initial or renewal prescription for
    41  the detoxification of maintenance treatment of a substance use disorder,
    42  including  all  buprenorphine  products,  methadone  [or],  long  acting
    43  injectable  naltrexone  [without prior authorization for the detoxifica-
    44  tion or maintenance treatment of a substance use disorder],  or  medica-
    45  tion for opioid overdose reversal prescribed or dispensed to an individ-
    46  ual  covered  under  the  contract,  including  federal  food  and  drug
    47  administration-approved over-the-counter opioid overdose reversal  medi-
    48  cation  as  prescribed, dispensed or as otherwise authorized under state
    49  or federal law, except where otherwise prohibited by law.
    50    § 4. This act shall take effect immediately.
 
    51                                  SUBPART F
 
    52    Section 1. Subsection (a) of section 3241 of  the  insurance  law,  as
    53  added  by  section  6  of  part  H of chapter 60 of the laws of 2014, is
    54  amended to read as follows:

        S. 4007--C                         170                        A. 3007--C
 
     1    (a) (1) An  insurer,  a  corporation  organized  pursuant  to  article
     2  forty-three of this chapter, a municipal cooperative health benefit plan
     3  certified  pursuant to article forty-seven of this chapter, or a student
     4  health plan established or maintained pursuant to section  one  thousand
     5  one  hundred twenty-four of this chapter, that issues a health insurance
     6  policy or contract with a network of health care providers shall  ensure
     7  that  the network is adequate to meet the health and mental health needs
     8  of insureds and provide an appropriate choice of providers sufficient to
     9  render the services covered under the policy or contract.    The  super-
    10  intendent shall review the network of health care providers for adequacy
    11  at  the time of the superintendent's initial approval of a health insur-
    12  ance policy or contract; at least every three years thereafter; and upon
    13  application for expansion of any service area associated with the policy
    14  or contract in conformance with the standards set forth  in  subdivision
    15  five  of  section  four thousand four hundred three of the public health
    16  law. The superintendent shall determine standards for  network  adequacy
    17  for mental health and substance use disorder treatment services, includ-
    18  ing sub-acute care in a residential facility, assertive community treat-
    19  ment  services,  critical  time  intervention services and mobile crisis
    20  intervention services, in consultation  with  the  commissioner  of  the
    21  office  of mental health and the commissioner of the office of addiction
    22  services and supports. To the extent that the network  has  been  deter-
    23  mined  by the  commissioner of health to meet the standards set forth in
    24  subdivision five of section four thousand  four  hundred  three  of  the
    25  public  health  law, such network shall be deemed adequate by the super-
    26  intendent.
    27    (2) The superintendent,  in  consultation  with  the  commissioner  of
    28  health, the commissioner of the office of mental health, and the commis-
    29  sioner  of  the office of addiction services and supports, shall propose
    30  regulations setting forth standards  for  network  adequacy  for  mental
    31  health  and  substance use disorder treatment services, including sub-a-
    32  cute care in  a  residential  facility,  assertive  community  treatment
    33  services,  critical  time intervention services and mobile crisis inter-
    34  vention services, by December thirty-first, two thousand twenty-three.
    35    § 2. Paragraph (b) of subdivision 5 of  section  4403  of  the  public
    36  health  law, as amended by section 39 of subpart A of part BB of chapter
    37  57 of the laws of 2019, is amended to read as follows:
    38    (b) The following criteria shall be considered by the commissioner  at
    39  the  time  of  a  review: (i) the availability of appropriate and timely
    40  care that is provided in compliance with the standards  of  the  Federal
    41  Americans  with  Disability  Act to assure access to health care for the
    42  enrollee population; (ii) the network's ability  to  provide  culturally
    43  and  linguistically  competent  care  to  meet the needs of the enrollee
    44  population; (iii) the availability of appropriate and timely  care  that
    45  is  in  compliance  with  the  standards  of the Paul Wellstone and Pete
    46  Domenici Mental Health Parity and  Addiction  Equity  Act  of  2008,  42
    47  U.S.C.  18031(j),  and any amendments to, and federal guidance and regu-
    48  lations issued under those Acts, which shall include an analysis of  the
    49  rate  of  out-of-network  utilization  for  covered  mental  health  and
    50  substance use disorder services as compared to the rate  of  out-of-net-
    51  work  utilization for the respective category of medical services; [and]
    52  (iv) with the exception of initial licensure, the number  of  grievances
    53  filed by enrollees relating to waiting times for appointments, appropri-
    54  ateness  of  referrals  and other indicators of plan capacity; and regu-
    55  lations to be promulgated by the commissioner.  The  commissioner  shall
    56  determine standards for network adequacy for mental health and substance

        S. 4007--C                         171                        A. 3007--C

     1  use  disorder treatment services, including sub-acute care in a residen-
     2  tial facility, assertive community  treatment  services,  critical  time
     3  intervention  services  and  mobile  crisis  intervention  services  and
     4  propose  regulations,  in consultation with the superintendent of finan-
     5  cial services, the commissioner of the office of mental health  and  the
     6  commissioner  of the office of addiction services and supports by Decem-
     7  ber thirty-first, two thousand twenty-three.
     8    § 3. This act shall take effect immediately.
     9    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion, section or subpart of this act shall be adjudged by any  court  of
    11  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    12  impair, or invalidate the remainder thereof, but shall  be  confined  in
    13  its  operation  to the clause, sentence, paragraph, subdivision, section
    14  or subpart thereof directly involved in the controversy  in  which  such
    15  judgment  shall  have  been  rendered.  It  is hereby declared to be the
    16  intent of the legislature that this act would have been enacted even  if
    17  such invalid provisions had not been included herein.
    18    §  3.  This act shall take effect immediately, provided, however, that
    19  the applicable effective date of Subparts A through F of this act  shall
    20  be as specifically set forth in the last section of such Subparts.
 
    21                                   PART JJ
 
    22    Section 1. Subdivision (g) of section 31.16 of the mental hygiene law,
    23  as  amended  by  chapter  351 of the laws of 1994, is amended to read as
    24  follows:
    25    (g) The commissioner may impose a [fine] civil penalty upon a  finding
    26  that  the  holder of the certificate has failed to comply with the terms
    27  of the operating certificate or with the provisions  of  any  applicable
    28  statute,  rule  or regulation.   The maximum amount of such [fine] civil
    29  penalty imposed thereunder shall not exceed [one] two  thousand  dollars
    30  per  day  or  [fifteen]  twenty-five  thousand  dollars,  per violation.
    31  Penalties may be considered at the individual bed level for beds  closed
    32  without authorization at inpatient settings.
    33    Such  civil  penalty  may  be  recovered  by  an action brought by the
    34  commissioner in any court of competent jurisdiction.
    35    Such civil penalty may be released or compromised by the  commissioner
    36  before  the  matter  has been referred to the attorney general. Any such
    37  civil penalty may be released or compromised and any action commenced to
    38  recover the same may be settled or discontinued by the attorney  general
    39  with the consent of the commissioner.
    40    1. Such civil penalty under this subdivision shall account for factors
    41  which  shall  include:  (i)  any officially declared national, state, or
    42  municipal  emergency;  (ii)    any    unforeseen    disaster  or   other
    43  catastrophic event that directly impacts access to health care services;
    44  (iii)  the frequency, duration, scope, and nature of non-compliance; and
    45  (iv) any other factors as established by the commissioner.
    46    2.  In  determining  whether  an   operating   certificate holder  has
    47  violated its obligation to  comply  with  the  terms  of  the  operating
    48  certificate,  it  shall not be a defense that the operator was unable to
    49  secure proper staff  or  other necessary resources if the lack of  staff
    50  or  other  resources was foreseeable   and  could  be  prudently planned
    51  for or involved routine staffing needs that arose due to typical  staff-
    52  ing patterns,  typical  levels  of absenteeism,  and  time off typically
    53  approved  by  the  operator  for  vacation,  holidays,  sick  leave, and
    54  personal leave.

        S. 4007--C                         172                        A. 3007--C
 
     1    § 2. This act shall take effect immediately.

     2                                   PART KK
 
     3    Section  1.  The mental hygiene law is amended by adding a new section
     4  33.28 to read as follows:
     5  § 33.28 Independent developmental disability ombudsman program.
     6    (a) There is hereby established by the office for people with develop-
     7  mental disabilities the independent developmental  disability  ombudsman
     8  program  for  the  purpose  of  assisting individuals with developmental
     9  disabilities to access services and preserve their rights.
    10    (b) Such ombudsman program shall have the following duties, including,
    11  but not limited to identifying, investigating, referring  and  resolving
    12  complaints  that  are  made  by, or on behalf of individuals relative to
    13  access to services provided by the office for people with  developmental
    14  disabilities  or  care  coordination or other providers certified and/or
    15  authorized by the office to provide services  to  people  with  develop-
    16  mental  disabilities,  and access to initial and continuing intellectual
    17  and developmental disability services and supports.
    18    (c) Notices and materials provided to individuals by  the  office  for
    19  people  with  developmental disabilities, providers of services, and the
    20  health homes serving individuals with developmental  disabilities  shall
    21  include  the  name,  phone number and website address of the independent
    22  developmental disability ombudsman program established by the office for
    23  people with developmental disabilities pursuant to this  section.    The
    24  phone number shall be available for forty hours every week.
    25    (d)  Funds  available for expenditure pursuant to this section for the
    26  establishment  of  an  independent  developmental  disability  ombudsman
    27  program  may  be  allocated  and  distributed by the commissioner of the
    28  office for  people  with  developmental  disabilities,  subject  to  the
    29  approval  of the director of the budget, but only after the commissioner
    30  of the office for people with developmental disabilities holds a request
    31  for proposal process for the establishment of  an  independent  develop-
    32  mental disability ombudsman program.  The commissioner of the office for
    33  people  with  developmental  disabilities shall consider all competitive
    34  proposals submitted through such request for proposal process and  shall
    35  determine  which proposal submitted is appropriate for the establishment
    36  of an independent developmental disability ombudsman program. In  making
    37  such  determination,  applicants  who  demonstrate  experience providing
    38  advocacy or assistance to people  with  developmental  disabilities,  or
    39  experience  tracking  and  reporting on case activities while protecting
    40  individual confidentiality shall receive deference for the award.
    41    § 2. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.
 
    43                                   PART LL

    44    Section 1. Paragraph 36 of subsection  (i)  of  section  3216  of  the
    45  insurance law, as added by section 1 of part R of chapter 57 of the laws
    46  of 2022, is amended by adding a new subparagraph (C) to read as follows:
    47    (C)   Coverage  for  abortion  shall  include  coverage  of  any  drug
    48  prescribed for the purpose of an abortion, including  both  generic  and
    49  brand  name  drugs,  even if such drug has not been approved by the food
    50  and drug administration for abortion, provided, however, that such  drug
    51  shall  be  a  recognized medication for abortion in one of the following
    52  established reference compendia:

        S. 4007--C                         173                        A. 3007--C
 
     1    (i) The WHO Model Lists of Essential Medicines;
     2    (ii) The WHO Abortion Care Guidance; or
     3    (iii)  The  National  Academies  of Science, Engineering, and Medicine
     4  Consensus Study Report.
     5    § 2. Paragraph 2 of subsection (k) of section 3221  of  the  insurance
     6  law is amended by adding a new subparagraph (C) to read as follows:
     7    (C)   Coverage  for  abortion  shall  include  coverage  of  any  drug
     8  prescribed for the purpose of an abortion, including  both  generic  and
     9  brand  name  drugs,  even if such drug has not been approved by the food
    10  and drug administration for abortion, provided, however, that such  drug
    11  shall  be  a  recognized medication for abortion in one of the following
    12  established reference compendia:
    13    (i) The WHO Model Lists of Essential Medicines;
    14    (ii) The WHO Abortion Care Guidance; or
    15    (iii) The National Academies of  Science,  Engineering,  and  Medicine
    16  Consensus Study Report.
    17    §  3.  Paragraph 3 of subsection (ss) of section 4303 of the insurance
    18  law is renumbered paragraph 4 and a new paragraph 3 is added to read  as
    19  follows:
    20    (3)   coverage  for  abortion  shall  include  coverage  of  any  drug
    21  prescribed for the purpose of an abortion, including  both  generic  and
    22  brand  name  drugs,  even if such drug has not been approved by the food
    23  and drug administration for abortion, provided, however, that such  drug
    24  shall  be  a  recognized medication for abortion in one of the following
    25  established reference compendia:
    26    (A) The WHO Model Lists of Essential Medicines;
    27    (B) The WHO Abortion Care Guidance; or
    28    (C) The National  Academies  of  Science,  Engineering,  and  Medicine
    29  Consensus Study Report.
    30    §  4.  Section 3436-a of the insurance law, as added by chapter 221 of
    31  the laws of 2022, is amended to read as follows:
    32    § 3436-a. [1.] Adverse action against legal reproductive health  care.
    33  (a)  Every  insurer  [which]  that  issues or renews medical malpractice
    34  insurance covering a health care provider licensed to practice  in  this
    35  state  shall  be  prohibited  from  taking  any adverse action against a
    36  health care provider solely on the basis that the health  care  provider
    37  performs  an abortion or provides reproductive health care that is legal
    38  in [the] this state [of New York] on someone who  is  from  out  of  the
    39  state.  Such  policy  shall  include  health  care providers who legally
    40  prescribe abortion medication to out-of-state patients by means of tele-
    41  health.
    42    [2.] (b) Every insurer  that  issues  or  renews  medical  malpractice
    43  insurance  covering  a health care provider licensed to practice in this
    44  state shall be prohibited from refusing to issue or renew, canceling, or
    45  charging or imposing an increased premium or  rate  for,  or  excluding,
    46  limiting,  restricting, or reducing coverage under a medical malpractice
    47  insurance policy based solely upon the legal use or prescription in this
    48  state of any drug prescribed for the purpose of an  abortion,  including
    49  both  generic  and  brand  name drugs, that has not been approved by the
    50  food and drug administration for abortion, provided, however, that  such
    51  drug shall be a recognized medication for abortion in one of the follow-
    52  ing established reference compendia:
    53    (1) The WHO Model Lists of Essential Medicines;
    54    (2) The WHO Abortion Care Guidance; or
    55    (3)  The  National  Academies  of  Science,  Engineering, and Medicine
    56  Consensus Study Report.

        S. 4007--C                         174                        A. 3007--C
 
     1    (c) As used in this section, "adverse action" shall mean  but  not  be
     2  limited  to: [(a)] (1) refusing to renew or execute a contract or agree-
     3  ment with a health care provider; [(b)] (2) making a report or  comment-
     4  ing to an appropriate private or governmental entity regarding practices
     5  of  such  provider  which may violate abortion laws in other states; and
     6  [(c)] (3) increasing in any charge for, or a reduction or other  adverse
     7  or  unfavorable  change  in  the  terms  of  coverage or amount for, any
     8  medical malpractice insurance contract or agreement with a  health  care
     9  provider.
    10    (d)  As  used  in  this section, "medical malpractice insurance" shall
    11  have the meaning set forth in section five thousand five hundred one  of
    12  this chapter.
    13    §  5.   Severability. If any provision of this act, or any application
    14  of any provision of this act, is held to be invalid, or to violate or be
    15  inconsistent with any federal law or regulation, that shall  not  affect
    16  the  validity or effectiveness of any other provision of this act, or of
    17  any other application of any provision of this act, which can  be  given
    18  effect  without  that  provision  or  application;  and to that end, the
    19  provisions and applications of this act are severable.
    20    § 6. This act shall take effect immediately.
 
    21                                   PART MM
 
    22    Section 1. Subdivision 2 of section 4900 of the public health law,  as
    23  amended  by  chapter  586  of the laws of 1998, item (B) of subparagraph
    24  (ii) of paragraph (a) as amended by chapter 41  of  the  laws  of  2014,
    25  subparagraph  (iii) of paragraph (a) as amended by section 42 of subpart
    26  A of part BB of chapter 57 of the laws of 2019 and subparagraph (iv)  of
    27  paragraph (a) and paragraph (b) as amended and subparagraph (v) of para-
    28  graph  (a)  as  added  by chapter 816 of the laws of 2022, is amended to
    29  read as follows:
    30    2. "Clinical peer reviewer" means:
    31    (a) for purposes of [title one] section  four  thousand  nine  hundred
    32  three of this article:
    33    (i)  a  physician  who  possesses  a  current and valid non-restricted
    34  license to practice medicine; or
    35    (ii) a health care professional other than a licensed physician who:
    36    (A) where applicable, possesses a  current  and  valid  non-restricted
    37  license,  certificate  or  registration  or,  where  no  provision for a
    38  license, certificate or registration  exists,  is  credentialed  by  the
    39  national accrediting body appropriate to the profession; and
    40    (B)  is  in  the  same profession and same or similar specialty as the
    41  health care provider who typically  manages  the  medical  condition  or
    42  disease  or  provides the health care service or treatment under review;
    43  or
    44    (iii) for purposes of a determination involving substance use disorder
    45  treatment:
    46    (A) a physician who  possesses  a  current  and  valid  non-restricted
    47  license  to  practice  medicine and who specializes in behavioral health
    48  and has experience in the delivery of substance use disorder courses  of
    49  treatment; or
    50    (B)  a  health  care  professional other than a licensed physician who
    51  specializes in behavioral health and has experience in the  delivery  of
    52  substance  use  disorder  courses  of  treatment  and, where applicable,
    53  possesses a current and valid  non-restricted  license,  certificate  or
    54  registration or, where no provision for a license, certificate or regis-

        S. 4007--C                         175                        A. 3007--C

     1  tration  exists, is credentialed by the national accrediting body appro-
     2  priate to the profession; or
     3    (iv)  for purposes of a determination involving treatment for a mental
     4  health condition:
     5    (A) a physician who  possesses  a  current  and  valid  non-restricted
     6  license  to  practice  medicine and who specializes in behavioral health
     7  and has experience in the delivery of mental health  courses  of  treat-
     8  ment; or
     9    (B)  a  health  care  professional other than a licensed physician who
    10  specializes in behavioral health and has experience in the delivery of a
    11  mental health courses of treatment and, where  applicable,  possesses  a
    12  current  and  valid non-restricted license, certificate, or registration
    13  or, where no  provision  for  a  license,  certificate  or  registration
    14  exists,  is credentialed by the national accrediting body appropriate to
    15  the profession; [or
    16    (v) for purposes of a determination involving treatment of a medically
    17  fragile child:
    18    (A) a physician who  possesses  a  current  and  valid  non-restricted
    19  license  to practice medicine and who is board certified or board eligi-
    20  ble in pediatric rehabilitation, pediatric critical care, or  neonatolo-
    21  gy; or
    22    (B)  a  physician  who  possesses  a  current and valid non-restricted
    23  license to practice medicine and  is  board  certified  in  a  pediatric
    24  subspecialty directly relevant to the patient's medical condition;] and
    25    (b)  for purposes of section four thousand nine hundred four and title
    26  two of this article:
    27    (i) a physician who:
    28    (A) possesses a current and valid non-restricted license  to  practice
    29  medicine;
    30    (B) where applicable, is board certified or board eligible in the same
    31  or  similar  specialty as the health care provider who typically manages
    32  the medical condition or disease or provides the health care service  or
    33  treatment under appeal;
    34    (C)  for purposes of title two of this article, has been practicing in
    35  such area of specialty for a period of at least five years; [and]
    36    (D) for purposes of a determination involving substance  use  disorder
    37  treatment, possesses a current and valid non-restricted license to prac-
    38  tice medicine and specializes in behavioral health and has experience in
    39  the delivery of substance use disorder courses of treatment;
    40    (E)  for  purposes of a determination involving treatment for a mental
    41  health condition, possesses a current and valid  non-restricted  license
    42  to  practice  medicine  and who specializes in behavioral health and has
    43  experience in the delivery of mental health courses of treatment; and
    44    (F) is knowledgeable about the health care service or treatment  under
    45  appeal; or
    46    (ii) a health care professional other than a licensed physician who:
    47    (A)  where  applicable,  possesses  a current and valid non-restricted
    48  license, certificate or registration;
    49    (B) where applicable, is credentialed by the national accrediting body
    50  appropriate to the profession in the same profession and same or similar
    51  specialty as the health care provider who typically manages the  medical
    52  condition  or  disease  or provides the health care service or treatment
    53  under appeal;
    54    (C) for purposes of title two of this article, has been practicing  in
    55  such area of specialty for a period of at least five years;

        S. 4007--C                         176                        A. 3007--C
 
     1    (D)  is knowledgeable about the health care service or treatment under
     2  appeal; [and]
     3    (E)  for purposes of a determination involving substance use disorder,
     4  specializes in behavioral health and has experience in the  delivery  of
     5  substance  use  disorder  courses  of  treatment  and, where applicable,
     6  possesses a current and valid  non-restricted  license,  certificate  or
     7  registration or, where no provision for a license, certificate or regis-
     8  tration  exists, is credentialed by the national accrediting body appro-
     9  priate to the profession;
    10    (F) for purposes of a determination involving treatment for  a  mental
    11  health condition, specializes in behavioral health and has experience in
    12  the  delivery  of mental health courses of treatment and, where applica-
    13  ble, possesses a current and valid non-restricted license,  certificate,
    14  or  registration  or,  where  no provision for a license, certificate or
    15  registration exists, is credentialed by the  national  accrediting  body
    16  appropriate to the profession; and
    17    (G) where applicable to such health care professional's scope of prac-
    18  tice, is clinically supported by a physician who possesses a current and
    19  valid non-restricted license to practice medicine[; or
    20    (iii)  for  purposes  of  a  determination  involving  treatment  of a
    21  medically fragile child:
    22    (A) a physician who  possesses  a  current  and  valid  non-restricted
    23  license  to practice medicine and who is board certified or board eligi-
    24  ble in pediatric rehabilitation, pediatric critical care, or  neonatolo-
    25  gy, or
    26    (B)  a  physician  who  possesses  a  current and valid non-restricted
    27  license to practice medicine and  is  board  certified  in  a  pediatric
    28  subspecialty directly relevant to the patient's medical condition].
    29    (c)  Nothing [herein] in this subdivision shall be construed to change
    30  any statutorily-defined scope of practice.
    31    § 2. Subsection (b) of section 4900 of the insurance law,  as  amended
    32  by  chapter  586  of  the laws of 1998, item (ii) of subparagraph (B) of
    33  paragraph 1 as amended by chapter 41 of the laws of  2014,  subparagraph
    34  (C)  of  paragraph 1 as amended by section 36 of subpart A of part BB of
    35  chapter 57 of the laws of 2019 and subparagraph (D) of paragraph  1  and
    36  paragraph  2  as amended and subparagraph (E) of paragraph 1 as added by
    37  chapter 816 of the laws of 2022, is amended to read as follows:
    38    (b) "Clinical peer reviewer" means:
    39    (1) for purposes of [title one] section  four  thousand  nine  hundred
    40  three of this article:
    41    (A)  a  physician  who  possesses  a  current and valid non-restricted
    42  license to practice medicine; or
    43    (B) a health care professional other than a licensed physician who:
    44    (i) where applicable, possesses a  current  and  valid  non-restricted
    45  license,  certificate  or  registration  or,  where  no  provision for a
    46  license, certificate or registration  exists,  is  credentialed  by  the
    47  national accrediting body appropriate to the profession; and
    48    (ii)  is  in  the same profession and same or similar specialty as the
    49  health care provider who typically  manages  the  medical  condition  or
    50  disease  or  provides the health care service or treatment under review;
    51  or
    52    (C) for purposes of a determination involving substance  use  disorder
    53  treatment:
    54    (i)  a  physician  who  possesses  a  current and valid non-restricted
    55  license to practice medicine and who specializes  in  behavioral  health

        S. 4007--C                         177                        A. 3007--C

     1  and  has experience in the delivery of substance use disorder courses of
     2  treatment; or
     3    (ii)  a  health  care professional other than a licensed physician who
     4  specializes in behavioral health and has experience in the  delivery  of
     5  substance  use  disorder  courses  of  treatment  and, where applicable,
     6  possesses a current and valid  non-restricted  license,  certificate  or
     7  registration or, where no provision for a license, certificate or regis-
     8  tration  exists, is credentialed by the national accrediting body appro-
     9  priate to the profession; or
    10    (D) for purposes of a determination involving treatment for  a  mental
    11  health condition:
    12    (i)  a  physician  who  possesses  a  current and valid non-restricted
    13  license to practice medicine and who specializes  in  behavioral  health
    14  and  has  experience  in the delivery of mental health courses of treat-
    15  ment; or
    16    (ii) a health care professional other than a  licensed  physician  who
    17  specializes  in  behavioral health and has experience in the delivery of
    18  mental health courses of treatment and, where  applicable,  possesses  a
    19  current  and  valid non-restricted license, certificate, or registration
    20  or, where no  provision  for  a  license,  certificate  or  registration
    21  exists,  is credentialed by the national accrediting body appropriate to
    22  the profession; [or
    23    (E) for purposes of a determination involving treatment of a medically
    24  fragile child:
    25    (i) a physician who  possesses  a  current  and  valid  non-restricted
    26  license  to practice medicine and who is board certified or board eligi-
    27  ble in pediatric rehabilitation, pediatric critical care, or  neonatolo-
    28  gy; or
    29    (ii)  a  physician  who  possesses  a current and valid non-restricted
    30  license to practice medicine and  is  board  certified  in  a  pediatric
    31  subspecialty directly relevant to the patient's medical condition;] and
    32    (2)  for purposes of section four thousand nine hundred four and title
    33  two of this article:
    34    (A) a physician who:
    35    (i) possesses a current and valid non-restricted license  to  practice
    36  medicine;
    37    (ii)  where  applicable,  is  board certified or board eligible in the
    38  same or similar specialty as the  health  care  provider  who  typically
    39  manages  the  medical  condition  or disease or provides the health care
    40  service or treatment under appeal;
    41    (iii) for purposes of title two of this article, has  been  practicing
    42  in such area of specialty for a period of at least five years; [and]
    43    (iv)  for purposes of a determination involving substance use disorder
    44  treatment, possesses a current and valid non-restricted license to prac-
    45  tice medicine and who specializes in behavioral health and  has  experi-
    46  ence in the delivery of substance use disorder courses of treatment;
    47    (v)  for  purposes of a determination involving treatment for a mental
    48  health condition, possesses a current and valid  non-restricted  license
    49  to  practice  medicine  and who specializes in behavioral health and has
    50  experience in the delivery of mental health courses of treatment; and
    51    (vi) is knowledgeable about the health care service or treatment under
    52  appeal; or
    53    (B) a health care professional other than a licensed physician who:
    54    (i) where applicable, possesses a  current  and  valid  non-restricted
    55  license, certificate or registration;

        S. 4007--C                         178                        A. 3007--C
 
     1    (ii)  where  applicable,  is  credentialed by the national accrediting
     2  body appropriate to the profession in the same profession  and  same  or
     3  similar  specialty as the health care provider who typically manages the
     4  medical condition or disease or provides  the  health  care  service  or
     5  treatment under appeal;
     6    (iii)  for  purposes of title two of this article, has been practicing
     7  in such area of specialty for a period of at least five years;
     8    (iv)  for purposes of a determination involving substance use disorder
     9  treatment, specializes in behavioral health and has  experience  in  the
    10  delivery  of  substance  use  disorder  courses  of treatment and, where
    11  applicable,  possesses  a  current  and  valid  non-restricted  license,
    12  certificate  or  registration  or,  where  no  provision  for a license,
    13  certificate or registration exists,  is  credentialed  by  the  national
    14  accrediting body appropriate to the profession;
    15    (v)  for  purposes of a determination involving treatment for a mental
    16  health condition, specializes in behavioral health and has experience in
    17  the delivery of mental health courses of treatment and,  where  applica-
    18  ble,  possesses a current and valid non-restricted license, certificate,
    19  or registration or, where no provision for  a  license,  certificate  or
    20  registration  exists,  is  credentialed by the national accrediting body
    21  appropriate to the profession;
    22    (vi) is knowledgeable about the health care service or treatment under
    23  appeal; and
    24    [(v)] (vii) where applicable to such health care professional's  scope
    25  of  practice,  is  clinically  supported  by a physician who possesses a
    26  current and valid non-restricted license to practice medicine[; or
    27    (C) for purposes of a determination involving treatment of a medically
    28  fragile child:
    29    (i) a physician who  possesses  a  current  and  valid  non-restricted
    30  license  to practice medicine and who is board certified or board eligi-
    31  ble in pediatric rehabilitation, pediatric critical care, or  neonatolo-
    32  gy; or
    33    (ii)  a  physician  who  possesses  a current and valid non-restricted
    34  license to practice medicine and  is  board  certified  in  a  pediatric
    35  subspecialty directly relevant to the patient's medical condition].
    36    (3)  Nothing  [herein] in this subsection shall be construed to change
    37  any statutorily-defined scope of practice.
    38    § 3. This act shall take effect on January 1, 2024.
 
    39                                   PART NN
 
    40    Section 1. Subparagraphs (iv) and (v) of paragraph (a) of  subdivision
    41  3  of  section  3614-c  of  the  public health law, subparagraph (iv) as
    42  amended and subparagraph (v) as added by section 3 of part XX of chapter
    43  56 of the laws of 2022, are amended and a new subparagraph (vi) is added
    44  to read as follows:
    45    (iv) for [all periods on or after] the period April first,  two  thou-
    46  sand sixteen, through December thirty-first, two thousand twenty-two the
    47  cash  portion  of  the minimum rate of home care aide total compensation
    48  shall be ten dollars or the minimum wage as laid out in paragraph (a) of
    49  subdivision one of section six  hundred  fifty-two  of  the  labor  law,
    50  whichever  is  higher.  The  benefit portion of the minimum rate of home
    51  care aide total compensation shall be four dollars and nine cents;
    52    (v) for [all periods on or after] the period January first, two  thou-
    53  sand  twenty-three  through  December thirty-first, two thousand twenty-
    54  three, the cash portion of the minimum rate  of  home  care  aide  total

        S. 4007--C                         179                        A. 3007--C
 
     1  compensation shall be the minimum wage for home care aides in the appli-
     2  cable  region,  as  defined  in section thirty-six hundred fourteen-f of
     3  this article. The benefit portion of the minimum rate of home care  aide
     4  total compensation shall be four dollars and nine cents[.];
     5    (vi)  for  all periods on or after January first, two thousand twenty-
     6  four, the cash portion of the minimum  rate  of  home  care  aide  total
     7  compensation shall be the minimum wage for home care aides in the appli-
     8  cable  region,  as  defined  in section thirty-six hundred fourteen-f of
     9  this article. The benefit portion of the minimum rate of home care  aide
    10  total compensation shall be two dollars and fifty-four cents.
    11    §  2.  Subparagraphs (iv) and (v) of paragraph (b) of subdivision 3 of
    12  section 3614-c of the public health law, subparagraph  (iv)  as  amended
    13  and  subparagraph  (v) as added by section 4 of part XX of chapter 56 of
    14  the laws of 2022, are amended and a new subparagraph (vi)  is  added  to
    15  read as follows:
    16    (iv)  for  [all periods on or after] the period March first, two thou-
    17  sand sixteen through December thirty-first, two thousand twenty-two, the
    18  cash portion of the minimum rate of home care  aide  total  compensation
    19  shall be ten dollars or the minimum wage as laid out in paragraph (b) of
    20  subdivision  one  of  section  six  hundred  fifty-two of the labor law,
    21  whichever is higher. The benefit portion of the  minimum  rate  of  home
    22  care  aide  total  compensation  shall  be  three dollars and twenty-two
    23  cents;
    24    (v) for [all periods on or after] the period January first, two  thou-
    25  sand  twenty-three  through  December thirty-first, two thousand twenty-
    26  three, the cash portion of the minimum rate  of  home  care  aide  total
    27  compensation  shall  be  the  minimum wage for the applicable region, as
    28  defined in section thirty-six hundred fourteen-f of  this  article.  The
    29  benefit portion of the minimum rate of home care aide total compensation
    30  shall be three dollars and twenty-two cents[.];
    31    (vi)  for  all periods on or after January first, two thousand twenty-
    32  four, the cash portion of the minimum  rate  of  home  care  aide  total
    33  compensation  shall  be  the  minimum wage for the applicable region, as
    34  defined in section thirty-six hundred fourteen-f of  this  article.  The
    35  benefit portion of the minimum rate of home care aide total compensation
    36  shall be one dollar and sixty-seven cents.
    37    §  3. Subdivisions 1 and 2 of section 3614-f of the public health law,
    38  as added by section 1 of part XX of chapter 56 of the laws of 2022,  are
    39  amended to read as follows:
    40    1. Definitions. For the purpose of this section[,]:
    41    (a) "[home] Home care aide" shall have the same meaning as defined  in
    42  section thirty-six hundred fourteen-c of this article.
    43    (b)  "Home  care  worker  wage  adjustment"  shall mean a supplemental
    44  amount of wages equal to the rate of change in the average of the  three
    45  most recent consecutive twelve month periods between the first of August
    46  and  the  thirty-first  of  July, each over their preceding twelve month
    47  periods published by the United States department of labor   non-season-
    48  ally  adjusted  consumer  price  index  for  northeast region urban wage
    49  earners and clerical workers (CPI-W) or any successor  index  as  calcu-
    50  lated by the United States department of labor.
    51    (c)  "Downstate"  shall mean all counties within New York city and the
    52  counties of Nassau, Suffolk and Westchester.
    53    (d) "Remainder of state" shall mean all counties in the state  of  New
    54  York other than the counties in downstate.
    55    2. [In] (a) Beginning October first, two thousand twenty-two, in addi-
    56  tion  to the otherwise applicable minimum wage under section six hundred

        S. 4007--C                         180                        A. 3007--C
 
     1  fifty-two of the labor law, or any otherwise  applicable  wage  rule  or
     2  order  under  article  nineteen of the labor law, the minimum wage for a
     3  home care aide shall be increased by an amount  of  [three  dollars  and
     4  zero cents in accordance with the following schedule:
     5    (a) beginning October first, two thousand twenty-two, the minimum wage
     6  for a home care aide shall be increased by an amount of] two dollars and
     7  zero cents[, and].
     8    (b)  [beginning  October first, two thousand twenty-three, the minimum
     9  wage for a home care aide shall be increased by an additional amount  of
    10  one  dollar  and zero cents.] for the period January first, two thousand
    11  twenty-four through December thirty-first, two thousand twenty-four, the
    12  minimum wage for a home care aide shall be as follows:
    13    (i) for each hour worked in downstate, eighteen dollars and fifty-five
    14  cents; and
    15    (ii) for each hour worked in remainder of state, seventeen dollars and
    16  fifty-five cents;
    17    (c) for the period January first,  two  thousand  twenty-five  through
    18  December  thirty-first, two thousand twenty-five, the minimum wage for a
    19  home care aide shall be as follows:
    20    (i) for each hour worked in downstate, nineteen dollars and ten cents;
    21  and
    22    (ii) for each hour worked in remainder of state, eighteen dollars  and
    23  ten cents;
    24    (d)  for  the  period  January  first, two thousand twenty-six through
    25  December thirty-first, two thousand twenty-six, the minimum wage  for  a
    26  home care aide shall be as follows:
    27    (i) for each hour worked in downstate, nineteen dollars and sixty-five
    28  cents; and
    29    (ii)  for each hour worked in remainder of state, eighteen dollars and
    30  sixty-five cents;
    31    (e) beginning January first, two thousand twenty-seven, and each Janu-
    32  ary first thereafter, the minimum wage for a home care aide shall be the
    33  sum of the minimum wage for a home care aide  from  the  prior  calendar
    34  year and the home care worker wage adjustment.
    35    (f)  (i)  Notwithstanding  any provision of law to the contrary, in no
    36  event shall the minimum wage for a home care aide  in  downstate  exceed
    37  the  sum  of the wage set by the commissioner of labor pursuant to para-
    38  graph (a) of subdivision one-b of section six hundred fifty-two  of  the
    39  labor law plus three dollars and zero cents.
    40    (ii) Notwithstanding any provision of law to the contrary, in no event
    41  shall the minimum wage for a home care aide in remainder of state exceed
    42  the  sum  of the wage set by the commissioner of labor pursuant to para-
    43  graph (b) of subdivision one-b of section six hundred fifty-two  of  the
    44  labor law plus three dollars and zero cents.
    45    §  4.  Section  3614-f of the public health law is amended by adding a
    46  new subdivision 4 to read as follows:
    47    4. (a) The department is authorized to address,  to  any  provider  of
    48  medical  assistance  program  items  and services that is an employer of
    49  home care aides, or officers thereof, any inquiry  in  relation  to  its
    50  contracts, employment or other relationship, and wages, compensation and
    51  other benefits paid to home care aides, including individually identifi-
    52  able data and payroll reports. Every entity or person so addressed shall
    53  reply in writing to such inquiry promptly and truthfully, and such reply
    54  shall  be,  if required by the department, signed by such individual, or
    55  by such officer or officers of a corporation, as  the  department  shall
    56  designate, and affirmed by them as true under penalty of perjury. In the

        S. 4007--C                         181                        A. 3007--C
 
     1  event  any entity or person does not provide a good faith response to an
     2  inquiry from the department pursuant to this section within a time peri-
     3  od specified by the department of not less than fifteen  business  days,
     4  such  entity or person shall be subject to civil penalties under section
     5  twelve of this chapter. Each day after the deadline established  by  the
     6  department  for  reply  until such time that the provider submits a good
     7  faith response shall be considered a separate and subsequent  violation.
     8  In  accordance  with  the  process outlined in this paragraph, employers
     9  shall provide any documents or materials in the  employer's  possession,
    10  custody,  or  control  that are requested by the department as needed to
    11  support or verify the employer's reply.
    12    (b) Any reports or other information furnished to the department under
    13  this subdivision shall be deemed a confidential communication and  shall
    14  not  be  subject  to  inspection  or disclosure in any manner, including
    15  article six of the public officers  law  or  department  regulations  in
    16  conformance therewith, except as provided in this section, pursuant to a
    17  judicial  subpoena  issued  in  a  pending action or proceeding, or upon
    18  formal written request by the department of labor, the office of  attor-
    19  ney general, or a duly authorized public agency.
    20    (c) The department shall no less than annually provide a report to the
    21  governor, temporary president of the senate, and speaker of the assembly
    22  summarizing the information obtained by the department under this subdi-
    23  vision. Such report shall not contain individually identifiable data.
    24    §  5.  Subdivision  2  of  section  4409  of the public health law, as
    25  amended by chapter 41 of the  laws  of  2014,  is  amended  to  read  as
    26  follows:
    27    2. (a) The superintendent shall examine not less than once every three
    28  years  into  the  financial affairs of each health maintenance organiza-
    29  tion, and transmit his findings to the commissioner. In connection  with
    30  any such examination, the superintendent shall have convenient access at
    31  all  reasonable  hours  to all books, records, files and other documents
    32  relating to the affairs of such organization, which are relevant to  the
    33  examination.  The  superintendent  may  exercise the powers set forth in
    34  sections [three hundred four, three hundred five,] three hundred six and
    35  three hundred ten of the insurance law in connection with such  examina-
    36  tions, and may also require special reports from such health maintenance
    37  organizations  as specified in section three hundred eight of the insur-
    38  ance law. As part of an examination,  the  superintendent  shall  review
    39  determinations  of  coverage  for  substance  use disorder treatment and
    40  shall ensure that such determinations  are  issued  in  compliance  with
    41  section four thousand three hundred three of the insurance law and title
    42  one of article forty-nine of this chapter.
    43    (b)  The department is authorized to address to any health maintenance
    44  organization, and managed long term care  plan  with  a  certificate  of
    45  authority  pursuant  to section forty-four hundred three-f of this arti-
    46  cle, or officers thereof, any inquiry in relation to its contracts  with
    47  providers  and  other  entities providing covered services to the health
    48  maintenance organization's or managed long term care  plan's  enrollees,
    49  including  but not limited to the rates of payment and payment terms and
    50  conditions therein. Every entity or person so addressed shall  reply  in
    51  writing  to  such  inquiry promptly and truthfully, and such reply shall
    52  be, if required by the department, signed by such individual, or by such
    53  officer or officers of a corporation, as the department shall designate,
    54  and affirmed by them as true under  penalty  of  perjury.    Failure  to
    55  comply  with  the requirements of this section shall be subject to civil
    56  penalties under section twelve of this chapter.    Each  day  after  the

        S. 4007--C                         182                        A. 3007--C
 
     1  deadline  established  by  the department for reply until such time that
     2  the provider submits a good faith response shall be considered  a  sepa-
     3  rate  and subsequent violation.  In accordance with the process outlined
     4  in this paragraph, employers shall provide any documents or materials in
     5  the employer's possession, custody, or control that are requested by the
     6  department as needed to support or verify the employer's reply.
     7    (c)  Any  report, information, documents, or other materials furnished
     8  to the department under this subdivision shall be deemed a  confidential
     9  communication  and  shall  not be subject to inspection or disclosure in
    10  any manner, including article six of the public officers law or  depart-
    11  ment  regulations  in  conformance therewith, except as provided in this
    12  section, pursuant to a judicial subpoena issued in a pending  action  or
    13  proceeding,  or  upon formal written request by the department of labor,
    14  the office of attorney general, or a duly authorized public agency.
    15    (d) The department shall no less than annually provide a report to the
    16  governor, temporary president of the senate, and speaker of the assembly
    17  summarizing the information obtained by the department  under  paragraph
    18  (b)  of  this  subdivision.   Such report shall not contain individually
    19  identifiable data.
    20    § 6. Paragraphs (f), (g), (h) and (i) of subdivision 38 of  section  2
    21  of the social services law are REPEALED.
    22    §  7. Section 363-e of the social services law, as added by section 64
    23  of part H of chapter 59 of the laws of 2011, is REPEALED.
    24    § 8. The social services law is amended by adding a new section  363-f
    25  to read as follows:
    26    §  363-f.  Electronic  visit  verification  for personal care and home
    27  health providers. The commissioner, in consultation  with  the  Medicaid
    28  inspector  general,  is  hereby  authorized to promulgate regulations to
    29  implement the electronic visit verification provisions of subsection (1)
    30  of section 1903 of the federal social security act.
    31    § 9. This act shall take effect immediately; provided,  however,  that
    32  sections  six,  seven and eight of this act shall take effect January 1,
    33  2024.
 
    34                                   PART OO
 
    35    Section 1. Subject to available appropriation, the  office  of  mental
    36  health,  in  collaboration  with  the  office  of addiction services and
    37  supports, shall establish the Daniel's Law  task  force,  consisting  of
    38  individuals  with  expertise in trauma-informed, community-led responses
    39  and diversions for mental health, alcohol use or substance  use  crises,
    40  as  well  as  individuals affected by police responses to mental health,
    41  alcohol use or substance use crises.
    42    (a) The Daniel's Law task force shall consist  of  the  following  ten
    43  members:  (1)  the commissioner of mental health, or their designee, who
    44  shall serve as chair; (2) the commissioner  of  addiction  services  and
    45  supports,  or  their  designee;  (3) the commissioner of the division of
    46  criminal justice services, or their designee; (4) one  member  appointed
    47  by  the  temporary  president of the senate; (5) one member appointed by
    48  the speaker of the assembly;  the  commissioner  of  mental  health,  in
    49  consultation  with  the commissioner of addiction services and supports,
    50  shall appoint the following individuals: (6) one individual with experi-
    51  ence in crisis response through the  State  Emergency  Medical  Services
    52  Council;  (7) one individual working as a licensed mental health profes-
    53  sional; (8) one individual who is employed as  a  crisis  response  call
    54  center  personnel  or  crisis  intervention personnel; (9) one represen-

        S. 4007--C                         183                        A. 3007--C
 
     1  tative of the New York Conference of Local Mental Hygiene Directors; and
     2  (10) an individual with lived experience mental  health  and/or  alcohol
     3  use or substance use disorder.
     4    The task force shall conduct outreach and engage stakeholders, includ-
     5  ing  but not limited to healthcare professionals with experience provid-
     6  ing mental health and/or alcohol use or substance use disorder services;
     7  individuals or the primary caregiver for individuals with lived  experi-
     8  ence  with  mental  health and/or alcohol use or substance use disorder;
     9  individuals employed in the mental health  or  addiction  field;  crisis
    10  response  call  center  personnel,  first  responders;  and  individuals
    11  employed by not-for-profits with experience in working with  individuals
    12  experiencing mental health, alcohol use or substance use crises.
    13    (b)  The  Daniel's  Law  task  force's focus shall include, but not be
    14  limited to: identifying potential operational  and  financial  needs  to
    15  support   trauma-informed,  community  and  public  health-based  crisis
    16  response and diversion for anyone in the  state  experiencing  a  mental
    17  health, alcohol use, or substance use crisis; reviewing and recommending
    18  programs and systems operating within the state or nationally that could
    19  be deployed as a model crisis and emergency services system; and identi-
    20  fying potential funding sources for expanding mental health, alcohol use
    21  and substance use crisis response and diversion services.
    22    (c)  The  Daniel's  Law  task  force  shall  convene no later than one
    23  hundred twenty days following the effective date  of  this  section  and
    24  meet  as  frequently  as  its business may require, but it shall host at
    25  least three statewide town halls.  A link to information  regarding  the
    26  task force and their activities shall be made available on the office of
    27  mental health's website.
    28    (d)  The Daniel's Law task force members shall receive no compensation
    29  for their participation but task force members shall be  reimbursed  for
    30  expenses  actually  and necessarily incurred in the performance of their
    31  duties pursuant to this act.
    32    (e) Assistance from state and  local  agencies.  All  departments  and
    33  agencies  of  the state or subdivision thereof, and local governments of
    34  this state shall, at the request of the  chair  to  the  maximum  extent
    35  possible,  provide  the task force such facilities, assistance, and data
    36  to enable the task force to carry out its duties pursuant to  this  act.
    37  Any  confidential  data,  when received by the task force, shall be kept
    38  confidential and shall be used solely to  carry  out  the  purposes  set
    39  forth in this act.
    40    (f) The office of mental health shall: prepare a written report summa-
    41  rizing  opinions  and  recommendations  from the Daniel's Law task force
    42  which includes a list of existing, publicly  accessible  mental  health,
    43  alcohol  use,  and substance use crisis response and diversion services.
    44  The report shall examine the effectiveness of  programs  established  in
    45  the  state to provide crisis responses and diversion services for mental
    46  health, alcohol use, and substance abuse crises and make recommendations
    47  for the expansion of programs and services for individuals  experiencing
    48  mental  health, alcohol use, or substance abuse crises to receive treat-
    49  ment while limiting arrest or incarceration.
    50    (g) This report shall be submitted to the  governor,  speaker  of  the
    51  assembly  and  temporary  president of the senate no later than December
    52  31, 2025 and shall be posted on the office of mental health's website.
    53    § 2. This act shall take effect immediately; provided,  however,  that
    54  the  provisions  of  section  one of this act shall expire and be deemed
    55  repealed April 1, 2026.

        S. 4007--C                         184                        A. 3007--C
 
     1                                   PART PP
 
     2    Section  1.  Subject  to  available appropriation, the commissioner of
     3  mental  health  shall  establish  a  maternal  mental  health  workgroup
     4  (referred  to  in  this section as the "workgroup") within the office of
     5  mental health. The workgroup shall  consist  of,  at  the  minimum,  the
     6  commissioner of mental health or their designee, the commissioner of the
     7  office  of  children  and family services or their designee; the commis-
     8  sioner of the department of health  or  their  designee;  and  represen-
     9  tatives from statewide mental health organizations, maternal health care
    10  provider  organizations,  health care provider organizations, the health
    11  insurance industry, and communities that are disproportionately impacted
    12  by the underdiagnoses of maternal mental health disorders; and any addi-
    13  tional stakeholders that the commissioners deem necessary.
    14    § 2.  Workgroup  members  shall  receive  no  compensation  for  their
    15  services as members of the workgroup, but shall be reimbursed for actual
    16  expenses  incurred in the performance of their duties on the work group.
    17  To allow members who represent communities  disproportionately  impacted
    18  by  the  underdiagnoses  of  maternal  mental  health disorder to wholly
    19  participate in the performance of their duties on the  workgroup,  their
    20  reimbursement  may  include,  but  not be limited to, childcare, travel,
    21  meals and lodging.
    22    § 3. It shall be the duty of the workgroup to study and  issue  recom-
    23  mendations  related to maternal mental health and perinatal and postpar-
    24  tum mood and anxiety disorders. The workgroup shall:
    25    a. identify  underrepresented  and  vulnerable  populations  and  risk
    26  factors in the state for maternal mental health disorders that may occur
    27  during pregnancy and through the first postpartum year;
    28    b.  identify and recommend effective, culturally competent, and acces-
    29  sible screening and identification, and prevention and treatment strate-
    30  gies, including  public  education  and  workplace  awareness,  provider
    31  education and training, and social support services;
    32    c.  identify  successful postpartum and perinatal mental health initi-
    33  atives in other states and recommend programs,  tools,  strategies,  and
    34  funding  sources that are needed to implement similar initiatives in the
    35  state;
    36    d. identify and recommend evidence-based  practices  for  health  care
    37  providers and public health systems;
    38    e. identify and recommend private and public funding models;
    39    f.  make  recommendations  on legislation, policy initiatives, funding
    40  requirements and budgetary priorities to address maternal mental  health
    41  needs in the state;
    42    g. any other relevant issues identified by the workgroup; and
    43    h.  submit  a final report containing all findings and recommendations
    44  to the governor, the temporary president of the senate, the  speaker  of
    45  the assembly, the commissioner of mental health, the commissioner of the
    46  office  of children and family services, the commissioner of the depart-
    47  ment of health, the minority leader of the senate and the minority lead-
    48  er of the assembly on or before December 31, 2024.
    49    § 4. This act shall take effect immediately and shall expire two years
    50  after such effective date when upon such date the provisions of this act
    51  shall be deemed repealed.
    52    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    53  sion, section or part of this act shall be  adjudged  by  any  court  of
    54  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    55  impair, or invalidate the remainder thereof, but shall  be  confined  in

        S. 4007--C                         185                        A. 3007--C

     1  its  operation  to the clause, sentence, paragraph, subdivision, section
     2  or part thereof directly involved in the controversy in which such judg-
     3  ment shall have been rendered. It is hereby declared to be the intent of
     4  the  legislature  that  this  act  would  have been enacted even if such
     5  invalid provisions had not been included herein.
     6    § 3. This act shall take effect immediately  provided,  however,  that
     7  the applicable effective date of Parts A through PP of this act shall be
     8  as specifically set forth in the last section of such Parts.
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