senate Bill S662A

Relates to establishing the New York state telehealth/telemedicine act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO HEALTH
  • 14 / Feb / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 27 / Mar / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 27 / Mar / 2012
    • PRINT NUMBER 662A

Summary

Promotes the development, provision and accessibility of telehealth/telemedicine services in New York state; establishes a telehealth/telemedicine development and research grant fund.

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Bill Details

See Assembly Version of this Bill:
A3793A
Versions:
S662
S662A
Legislative Cycle:
2011-2012
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 27-M §§2799-t - 2799-w, amd §3614, Pub Health L; add §99-u, St Fin L
Versions Introduced in 2009-2010 Legislative Cycle:
S3198B, A11415

Sponsor Memo

BILL NUMBER:S662A

TITLE OF BILL:
An act
to amend the public health law, in relation to promoting the
development, provision and accessibility of telehealth/telemedicine
services in New York state; and to amend the state finance law, in
relation to establishing a New York state telehealth/telemedicine
development and research grant fund

PURPOSE:
This legislation would enact the "New York State
telehealth/telemedicine development act" to coordinate and focus
state policy and program planning for telehealth and telemedicine.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation would add a new article 27-M to the public health
law, creating the "New York State telehealth/telemedicine act."

Section 2799-u establishes a telehealth/telemedicine development
program to coordinate and focus state administrative responsibilities
and planning efforts relative to telehealth & telemedicine. This
would involve the submission of an annual plan to the governor and
legislature to include necessary recommendations for legislation,
regulatory or budgetary support; the identification of barriers to
the provision of an access to telehealth/telemedicine; an overview of
relevant research being conduction.

The commissioner is also charged with identifying standards from the
American Telemedicine Association, the Federal Food and Drug
Administration, the public health law, the education law and other
generally recognized standard setting or accrediting sources as the
commissioner may determine necessary to ensure appropriate safeguards
for the use of telehealth/telemedicine services are in place.

Section 2799-v authorizes funding and grants for eligible providers
for the development of telehealth/telemedicine services in
underserved geographic areas in the state, and where it is determined
that the implementation of such telehealth/telemedicine services
would improve patient access and quality of care.

Section 2799-w directs the health commissioner to promote and support
clinical and programmatic research to develop effective and efficient
application of telehealth/telemedicine methods. It also authorizes
the commissioner to apply for governmental and philanthropic grants.

This legislation also amends the public health law to provide for the
capital reimbursement for telehealth and telemedicine expenditures.
It also creates the New York state telehealth/telemedicine
development and research grant fund.

JUSTIFICATION:
One measure of a community's quality of life is the availability,
accessibility and quality of its health care services. The Internet
and other electronic technologies have the potential to fundamentally
reshape health care service delivery in ways that improve quality of


and access to care in a cost-efficient manner. Technology can bring
cutting-edge health care to any location, help reduce and prevent
medication errors and enhance information about state-of-the-art
health care. Large segments of New York's population in rural and
other medically underserved areas have difficulty accessing primary
health care and specialty services as well as health education.
Providers in these communities are often isolated from mentors,
colleagues and information necessary to provide optimal patient care.

The proven potential of telehealth/telemedicine to both provide
primary care access to underserved populations, as well as reduce
hospitalizations of patients suffering from chronic disease, through
the use of home care, warrants an increased focus on the application
of such technology in our health care system.

The purpose of this bill is to serve as catalyst to expand and improve
telehealth and telemedicine programs in communities across the State,
through adoption of a state policy to direct telemedicine/telehealth
health services in New York. Through an integrated telecommunications
system, patients and providers across the continuum of care can have
increased access to medical treatment and state-of the-art health
care, as well as educational and professional training opportunities.

Congress has recognized these benefits in authorizing Medicare
reimbursement for telemedicine services. However, the issues are more
complex at the state level because each state has the authority to
set its own requirements for licensure and credentialing, as well as
different rules for insurance and Medicaid programs.

It is well established that New York spends far more on Medicaid
expenses than any other state, per capita. The legislature must seek
long-term solutions that look to maintain quality of care, while
lowering the utilization of non-ambulatory health care services that
increase cost borne by our taxpayers. Breaking down the geographic
barriers between patients and providers through telecommunications
must lie at the heart of this effort.

PRIOR LEGISLATIVE HISTORY:
Similar legislation (A.1766-A of 2009) creating a
telehealth/telemedicine task force passed the Assembly in 2009.
Introduced in 2009 as S.3918.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately, provided that section three shall take effect the first
of April succeeding the date on which this act shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 662--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. VALESKY, BRESLIN, O'MARA, RITCHIE -- (at request of
  the Legislative Commission on  Rural  Resources)  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Health -- recommitted to the Committee on Health  in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law,  in  relation  to  promoting  the
  development,  provision  and  accessibility of telehealth/telemedicine
  services in New York state; and to amend the  state  finance  law,  in
  relation  to  establishing  a  New  York state telehealth/telemedicine
  development and research grant fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state telehealth/telemedicine development act."
  S 2. The public health law is amended by adding a new article 27-M  to
read as follows:
                              ARTICLE 27-M
       NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM
SECTION 2799-T. LEGISLATIVE INTENT.
        2799-U. COORDINATION    OF   DEPARTMENT   RESPONSIBILITIES   FOR
                  TELEHEALTH/TELEMEDICINE; ANNUAL PLAN.
        2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS  FOR  UNDER-
                  SERVED AREAS AND POPULATIONS.
        2799-W. TELEHEALTH/TELEMEDICINE RESEARCH.
  S  2799-T.  LEGISLATIVE  INTENT. THE LEGISLATURE RECOGNIZES THE DEMON-
STRATED  COST-EFFECTIVENESS,  IMPROVEMENTS  IN  DISEASE  MANAGEMENT  AND
IMPROVED    PATIENT   OUTCOMES   RESULTING   FROM   THE   PROVISION   OF
TELEHEALTH/TELEMEDICINE SERVICES. TELEHEALTH/TELEMEDICINE  SERVICES  ARE
THOSE  SERVICES  WHICH  UTILIZE  ELECTRONIC TECHNOLOGY OVER A GEOGRAPHIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03511-03-2

S. 662--A                           2

DISTANCE BETWEEN PATIENTS AND HEALTH CARE PROVIDERS FOR THE PURPOSES  OF
ASSESSMENT,  MONITORING, INTERVENTION, CLINICAL MANAGEMENT AND/OR EDUCA-
TION WITH PATIENTS. STUDIES HAVE CHRONICLED  SIGNIFICANT  REDUCTIONS  IN
HOSPITALIZATIONS  AND  OTHERWISE  NECESSARY  MEDICAL CARE AS A RESULT OF
TELEHEALTH/TELEMEDICINE INTERVENTION. THE LEGISLATURE FURTHER RECOGNIZES
THAT GEOGRAPHY, WEATHER AND OTHER FACTORS CAN CREATE BARRIERS TO ACCESS-
ING APPROPRIATE HEALTH AND MENTAL HEALTH CARE  IN  NEW  YORK  STATE  AND
THAT  ONE WAY   TO PROVIDE, ENSURE OR ENHANCE ACCESS TO CARE GIVEN THESE
BARRIERS IS THROUGH THE APPROPRIATE USE OF TECHNOLOGY  TO  ALLOW  HEALTH
CARE  CONSUMERS  ACCESS  TO  QUALIFIED  HEALTH CARE PROVIDERS AND INSTI-
TUTIONS.   IN   ORDER   TO   PROMOTE   THE   ROLE   AND   CAPACITY    OF
TELEHEALTH/TELEMEDICINE  TECHNOLOGY  RELATIVE  TO  THESE  PURPOSES,  THE
LEGISLATURE HEREBY ENACTS THE  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE
DEVELOPMENT  ACT  TO  ESTABLISH  A  TELEHEALTH/TELEMEDICINE  DEVELOPMENT
PROGRAM TO COORDINATE AND FOCUS STATE ADMINISTRATIVE RESPONSIBILITIES AS
WELL AS STATE POLICY AND PROGRAM PLANNING  FOR  TELEHEALTH/TELEMEDICINE,
PROVIDE FOR TELEHEALTH/TELEMEDICINE DEVELOPMENT IN UNDERSERVED GEOGRAPH-
IC  AREAS  AND  FOR  NEW  POPULATIONS, PROMOTE QUALITY AND SAFEGUARDS IN
TELEHEALTH/TELEMEDICINE,  PROMOTE  AND  ASSIST   TELEHEALTH/TELEMEDICINE
RESEARCH  AND EVALUATION, ESTABLISH THE TELEHEALTH/TELEMEDICINE RESEARCH
AND DEVELOPMENT FUND, AND PROVIDE FOR CAPITAL FINANCING.
  S   2799-U.   COORDINATION   OF   DEPARTMENT   RESPONSIBILITIES    FOR
TELEHEALTH/TELEMEDICINE;  ANNUAL PLAN. 1. THE COMMISSIONER SHALL COORDI-
NATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE,  RESEARCH
AND EVALUATION RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE SERVICES.
  2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF
THIS  ARTICLE,  SHALL  PREPARE  AND SUBMIT AN ANNUAL PLAN TO SUPPORT THE
PROVISION  OF  TELEHEALTH/TELEMEDICINE  SERVICES  PROVIDED  PURSUANT  TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
TER,  AS  WELL  AS  OTHER TELEHEALTH/TELEMEDICINE SERVICES FOR WHICH THE
DEPARTMENT HAS  DEVELOPMENTAL  AND  ADMINISTRATIVE  RESPONSIBILITY.  THE
ANNUAL PLAN SHALL INCLUDE:
  (A)  ANY  NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
BUDGETARY SUPPORT FOR TELEHEALTH/TELEMEDICINE SERVICES;
  (B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND  ACCESS  TO
TELEHEALTH/TELEMEDICINE,  INCLUDING  EDUCATION  AND  TRAINING  FOR  BOTH
PROVIDERS AND CONSUMERS, ELECTRONIC RECORDS INTERFACE,  AND  OTHER,  AND
THE  METHODS  BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING SUCH BARRI-
ERS; AND
  (C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO
BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED  BY  THE  DEPARTMENT  AND
BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES.
  3.  THE  COMMISSIONER  SHALL  PROVIDE COPIES OF THE ANNUAL PLAN TO THE
GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE  AND
THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY.
  4.  (A)  THE  COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS
SPECIFIED  IN  SUBDIVISION   TWO   OF   SECTION   TWENTY-SEVEN   HUNDRED
NINETY-NINE-V OF THIS ARTICLE, SHALL IDENTIFY STANDARDS DETERMINED TO BE
NECESSARY  FOR TELEHEALTH/TELEMEDICINE SERVICES UNDER THIS ARTICLE. SUCH
STANDARDS, INCLUDING STANDARDS FOR THE PROTECTION  OF  PATIENT  INFORMA-
TION, SHALL BE IDENTIFIED FROM:
  (I)  THE  AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG
ADMINISTRATION AND/OR OTHER GENERALLY RECOGNIZED STANDARD-SETTING ORGAN-
IZATIONS AS THE COMMISSIONER MAY DETERMINE;

S. 662--A                           3

  (II) TITLE EIGHT OF THE EDUCATION LAW AND  REGULATIONS  THERETO,  THIS
CHAPTER  AND  REGULATIONS  THERETO  AND, AS APPLICABLE, THE STANDARDS OF
RELEVANT PROFESSIONAL OR ACCREDITING  BODIES  AS  THE  COMMISSIONER  MAY
DETERMINE,   TO   ENSURE   THAT  TELEHEALTH/TELEMEDICINE  MONITORING  IS
CONDUCTED  BY  INDIVIDUALS  IN  ACCORDANCE  WITH, AND AS LIMITED BY, THE
APPLICABLE SCOPE OF PRACTICE, LICENSURE AND/OR CREDENTIALING  PROVISIONS
OF SUCH LAWS AND STANDARDS.
  (B) THE COMMISSIONER MAY INCORPORATE, WITHIN THE ANNUAL PLAN SUBMITTED
PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION, RECOMMENDATIONS FOR ANY
ADDITIONAL  STANDARDS  OR   REQUIREMENTS   FOR   TELEHEALTH/TELEMEDICINE
SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE.
  S  2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY  OF  FUNDING  FROM
SECTION  NINETY-NINE-U OF THE STATE FINANCE LAW, FUNDS MADE AVAILABLE IN
THE GENERAL FUND OR ANY OTHER FUNDS MADE AVAILABLE THEREFOR, THE DEPART-
MENT SHALL PROVIDE GRANTS TO ELIGIBLE PROVIDERS FOR:
  (A) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE;
  (B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA;
  (C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW  POPU-
LATIONS,  WHERE  EVIDENCE  SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
FACILITATE THE  MANAGEMENT  OF  PATIENT  CARE,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI-
TIONS,  WHERE  EVIDENCE  SUGGESTS  THE  PROVISION OF SUCH SERVICES WOULD
FACILITATE THE MANAGEMENT OF SUCH  CONDITIONS,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (E)  THE  DEVELOPMENT  OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
THE POTENTIAL BENEFITS OF NEW  TELEHEALTH/TELEMEDICINE  TECHNOLOGY,  FOR
PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; OR
  (F) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
  2.  ELIGIBLE  PROVIDERS  SHALL  INCLUDE  THOSE  LICENSED, CERTIFIED OR
AUTHORIZED UNDER ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAP-
TER OR UNDER SECTION FORTY-FOUR  HUNDRED  THREE-F  OF  THIS  CHAPTER  OR
PHYSICIANS  LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF TITLE EIGHT
OF THE EDUCATION LAW;  PROVIDED  HOWEVER  THAT  ELIGIBILITY  UNDER  THIS
SECTION  TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT
WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT
TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS  CHAPTER  OR  UNDER
SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR TITLE EIGHT OF THE
EDUCATION LAW.
  3.  THE  DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE  FORMS  AND
PROCESS  FOR  THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT
TO THIS SUBDIVISION.
  S 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER  SHALL
PROMOTE  AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND
OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE  AND
EFFICIENT  APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY
TO POPULATIONS, CONDITIONS AND  CIRCUMSTANCES.  THE  COMMISSIONER  SHALL
MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
THAT  ANY  DATA MADE AVAILABLE MUST NOT CONTAIN INDIVIDUALLY IDENTIFYING
INFORMATION.

S. 662--A                           4

  2. THE COMMISSIONER IS AUTHORIZED  TO  APPLY  FOR  SUCH  GOVERNMENTAL,
PHILANTHROPIC  AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH.
MONIES FROM SUCH GRANTS  SHALL  BE  DEPOSITED  IN  THE  NEW  YORK  STATE
TELEHEALTH/TELEMEDICINE  DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED
BY SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
  3.  THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS SPECIFIED
IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS
ARTICLE IN THE IMPLEMENTATION OF THIS SECTION.
  S 3. Section 3614 of the public health law is amended by adding a  new
subdivision 3-d to read as follows:
  3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT
SHALL  INCLUDE  IN  THE REIMBURSEMENT RATES ESTABLISHED PURSUANT TO THIS
SECTION A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR  THE
DEVELOPMENT,   OPERATION   AND   PROVISION   OF  TELEHEALTH/TELEMEDICINE
SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON-
IC MEDICAL RECORDS. THE METHODOLOGY FOR THE INCLUSION OF  THE  ALLOWANCE
SHALL  BE  DEVELOPED  IN  CONSULTATION  WITH  THE ELIGIBLE PROVIDERS FOR
TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  NINE-
TY-NINE-U OF THIS ARTICLE.
  S  4. The state finance law is amended by adding a new section 99-u to
read as follows:
  S  99-U.  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT   AND
RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF  THE  STATE  COMPTROLLER  AND  COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE  TELEHEALTH/TELEMEDICINE
DEVELOPMENT AND RESEARCH FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF  DEVEL-
OPMENT  OR  GRANTS  FOR  TELEHEALTH/TELEMEDICINE  SERVICES  PURSUANT  TO
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THE PUBLIC HEALTH LAW.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH
FOR THE  PURPOSE  OF  PROVIDING  DEVELOPMENT  AND  RESEARCH  GRANTS  FOR
TELEHEALTH/TELEMEDICINE  PURSUANT  TO SECTION TWENTY-SEVEN HUNDRED NINE-
TY-NINE-V OF THE PUBLIC HEALTH LAW.
  4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF  HEALTH,  OR  BY  AN  OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  S 5. This act shall take effect immediately;  provided,  that  section
three  of this act shall take effect on the first of April next succeed-
ing the date on which this act shall have become law; provided  further,
however, that the commissioner of health shall be authorized to take all
necessary steps to implement this section by such date.

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