EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12002-01-9
S. 249 2 A. 162
to unified services and to repeal certain provisions of such law
relating thereto (Part E); to amend chapter 57 of the laws of 2006,
relating to establishing a cost of living adjustment for designated
human services programs, in relation to adjustments to certain rates
and the time periods for the effectiveness thereof (Part F); to amend
the public health law, in relation to the preferred drug program; to
amend the social services law and the elder law, in relation to
reimbursement to participating provider pharmacies; to amend the
public health law, in relation to reinstituting certain hospital
assessments; to amend the public health law, in relation to reducing
non-public hospital worker recruitment and retention grants; to amend
chapter 58 of the laws of 2008, amending the social services law and
the public health law relating to adjustments of rates, in relation to
hospital reimbursements and in relation to rates of payment to nursing
homes, personal care providers, certified home health agencies
(CHHAs), and long term home health care programs (LTHHCPs); to amend
the public health law, in relation to delaying nursing home rebasing;
to amend the public health law, in relation to achieving savings in
relation to nursing home, home care and personal care rates; to amend
the public health law, in relation to CHHA and LTHHCP administrative
efficiencies; to amend the public health law, in relation to the
Health Care Reform Act (HCRA) covered lives assessment; to amend the
public health law and chapter 703 of the laws of 1988, relating to
enacting the expanded health care coverage act of nineteen hundred
eighty-eight and amending the insurance law and other laws relating to
expanded health care and catastrophic health care coverage, in
relation to HCRA funding for public hospital and public nursing home
recruitment and retention grants, non-public hospital grants, and the
regional pilot program individual subsidy; to amend the public health
law, in relation to breast cancer, cancer services, poison control and
infertility; to amend the public health law, in relation to reducing
funding for the graduate medical education professional education
pool; to amend the public health law, in relation to worker retraining
funding; to amend the public health law, in relation to increasing
HCRA surcharges on hospitals and clinics; to amend the social services
law, in relation to emergency medical transportation service supple-
mental payments; to amend the public health law, in relation to reduc-
ing inpatient medical assistance rates of payment for non-public resi-
dential healthcare facilities; to amend the social services law, in
relation to transitional supplemental payments; to amend the public
health law, in relation to medical assistance rates of payment; to
amend the social services law, in relation to exempting persons
receiving certain care from the treatment of income and resources
provisions; to amend chapter 58 of the laws of 2007 amending the
social services law and the public health law relating to adjustments
of rates, in relation to the effectiveness thereof (Part G); relating
to the transfer of funds from the banking department account; to amend
the banking law, in relation to expenses of the banking department
(Part H); relating to the transfer of funds from the insurance depart-
ment account (Part I); to amend the executive law, in relation to
authorizing the transfer of money (Part J); and to amend the workers'
compensation law, in relation to disability payments (Part K)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
S. 249 3 A. 162
Section 1. This act enacts into law major components of legislation
which are necessary to implement saving adjustments to the state fiscal
plan. Each component is wholly contained within a Part identified as
Parts A through K. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 11 of part O of chapter 56 of the laws of 2008
amending the general municipal law relating to reports on the financial
condition of municipalities and to provide aid and incentives to the
cities of Rochester, Buffalo, Lackawanna, Long Beach, Syracuse, White
Plains, Yonkers and Rensselaer, is amended to read as follows:
S 11. 1. Notwithstanding any other law to the contrary, for the state
fiscal year beginning April 1, 2009, and in each state fiscal year ther-
eafter, [twenty] TWENTY-ONE million SIX HUNDRED THOUSAND dollars of aid
and incentives for municipalities otherwise due and payable to the city
of Rochester on or before March 31 shall be paid on or before June 30 in
such fiscal year upon written request by the chief elected official of
such city to the director of the budget, provided such request is made
no later than April 1, 2009.
2. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
[ten] ELEVEN million THREE HUNDRED SIXTY-TWO THOUSAND AND TWELVE dollars
of aid and incentives for municipalities otherwise due and payable to
the city of Buffalo on or before March 31 shall be paid on or before
June 30 in such fiscal year upon written request by the chief elected
official of such city to the director of the budget, provided such
request is made no later than April 1, 2009.
3. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
one million dollars of aid and incentives for municipalities otherwise
due and payable to the city of Lackawanna on or before March 31 shall be
paid on or before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of the budget,
provided such request is made no later than April 1, 2009.
4. Notwithstanding any other law to the contrary, for the state
fiscal year beginning April 1, 2009, and in each state fiscal year ther-
eafter, four hundred thousand dollars of aid and incentives for munici-
palities otherwise due and payable to the city of Long Beach on or
before March 31 shall be paid on or before June 30 in such fiscal year
upon written request by the chief elected official of such city to the
director of the budget, provided such request is made no later than
April 1, 2009.
5. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
five million SIX HUNDRED FIVE THOUSAND AND TWENTY-TWO dollars of aid and
incentives for municipalities otherwise due and payable to the city of
Syracuse on or before March 31 shall be paid on or before June 30 in
such fiscal year upon written request by the chief elected official of
S. 249 4 A. 162
such city to the director of the budget, provided such request is made
no later than April 1, 2009.
6. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
one million dollars of aid and incentives for municipalities otherwise
due and payable to the city of White Plains on or before March 31 shall
be paid on or before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of the budget,
provided such request is made no later than April 1, 2009.
7. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
twenty million NINE HUNDRED FORTY-FIVE THOUSAND, EIGHT HUNDRED
FIFTY-EIGHT dollars of aid and incentives for municipalities otherwise
due and payable to the city of Yonkers on or before March 31 shall be
paid on or before June 30 in such fiscal year upon written request by
the chief elected official of such city to the director of the budget,
provided such request is made no later than April 1, 2009.
8. Notwithstanding any other law to the contrary, for the state fiscal
year beginning April 1, 2009, and in each state fiscal year thereafter,
one hundred twenty-five thousand dollars of aid and incentives for muni-
cipalities otherwise due and payable to the city of Rensselaer on or
before March 31 shall be paid on or before June 30 in such fiscal year
upon written request by the chief elected official of such city to the
director of the budget, provided such request is made no later than
April 1, 2009.
S 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 3 of section 3 of part RR of chapter 57 of the
laws of 2008 entitled "Environmental Affairs", relating to providing for
the administration of certain funds and accounts related to the
2008-2009 budget, is amended to read as follows:
3. [$125,000,000] $200,000,000 from the environmental protection fund
(078), environmental protection transfer account (01), to the general
fund.
S 2. Subdivision 7 of section 3 of part RR of chapter 57 of the laws
of 2008 entitled "Family Assistance", relating to providing for the
administration of certain funds and accounts related to the 2008-2009
budget, is amended to read as follows:
7. [$36,000,000] $136,000,000 from any of the office of temporary and
disability assistance accounts within the federal health and human
services fund (265) to the general fund.
S 3. Section 11-a of part RR of chapter 57 of the laws of 2008, relat-
ing to providing for the administration of certain funds and accounts
related to the 2008-2009 budget, is amended to read as follows:
S 11-a. Notwithstanding any provision of law to the contrary, the
power authority of the state of New York, as deemed feasible and advis-
able by its trustees, is authorized to make contributions to the state
treasury to the credit of the general fund as follows: for the fiscal
year commencing April 1, 2008, a total of [$60,000,000] $361,000,000,
not less than $50,000,000 of which will be paid within thirty days of
the enactment of the state budget for such fiscal year, NOT LESS THAN
$119,000,000 SHALL BE PAID BY JANUARY 30, 2009 AND $182,000,000 SHALL BE
PAID BY MARCH 27, 2009; for the fiscal year commencing April 1, 2009, a
total of [$35,000,000] $210,000,000, not less than [$25,000,000]
S. 249 5 A. 162
$103,000,000 of which will be paid within [thirty] ONE HUNDRED EIGHTY
days of the enactment of the state budget for such fiscal year[; and for
the fiscal year commencing April 1, 2010, a total of $35,000,000, not
less than $25,000,000 of which will be paid within thirty days of the
enactment of the state budget for such fiscal year] AND $107,000,000
SHALL BE PAID PRIOR TO MARCH 26, 2010.
S 4. Subdivision 8 of section 68-b of the state finance law, as added
by section 2 of part I of chapter 383 of the laws of 2001, is amended to
read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, any authorized issuer may issue revenue bonds [in place of
(a) housing program bonds or notes as authorized by section forty-sev-
en-e of the private housing finance law, (b) bonds to finance the state
match for federal capitalization grants for the purpose of any state
revolving fund as authorized by paragraph (a) of subdivision one of
section twelve hundred ninety of the public authorities law and (c)
certificates of participation as authorized by article five-a of this
chapter] FOR ANY AUTHORIZED PURPOSE OF ANY OTHER SUCH AUTHORIZED ISSUER;
PROVIDED, HOWEVER, THAT IF AN AUTHORIZED ISSUER ISSUES AN AMOUNT OF
REVENUE BONDS FOR AN AUTHORIZED PURPOSE OF ANY OTHER AUTHORIZED ISSUER
WHICH WOULD OTHERWISE REQUIRE THE APPROVAL OF THE PUBLIC AUTHORITIES
CONTROL BOARD, SUCH AMOUNT OF REVENUE BONDS SHALL BE SUBJECT TO THE
APPROVAL OF THE PUBLIC AUTHORITIES CONTROL BOARD PURSUANT TO THE
PROVISIONS OF SECTION FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW. The
authorized issuers shall not issue any revenue bonds in an amount in
excess of statutory authorizations for such authorized purposes.
Authorizations for such authorized purposes shall be reduced in an
amount equal to the amount of revenue bonds issued for such authorized
purposes under this article. Such reduction shall not be made in
relation to revenue bonds issued to fund reserve funds, if any, and
costs of issuance, if these items are not counted under existing author-
izations, nor shall revenue bonds issued to refund bonds issued under
existing authorizations reduce the amount of such authorizations.
S 5. Part RR of chapter 57 of the laws of 2008, relating to providing
for the administration of certain funds and accounts related to the
2008-2009 budget, is amended by adding a new section 27-a to read as
follows:
S 27-A. FOR PURPOSES OF SECTIONS EIGHTEEN THROUGH TWENTY-SEVEN OF THIS
PART, THE STATE COMPTROLLER IS ALSO HEREBY AUTHORIZED AND DIRECTED TO
DEPOSIT TO THE CREDIT OF ANY CAPITAL PROJECTS FUND, REIMBURSEMENT FROM
THE PROCEEDS OF BONDS AND NOTES ISSUED BY ANY AUTHORIZED ISSUER, AS
DEFINED BY SECTION 68-A OF THE STATE FINANCE LAW, IN THE AMOUNTS AND FOR
THE PURPOSES LISTED IN SUCH SECTIONS.
S 6. Part RR of chapter 57 of the laws of 2008, relating to providing
for the administration of certain funds and accounts related to the
2008-2009 budget, is amended by adding a new section 50-a to read as
follows:
S 50-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, UPON THE
DIRECTION OF THE DIRECTOR OF THE BUDGET THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK IS DIRECTED TO TRANSFER $6,500,000 FROM THE DORMITORY
AUTHORITY CORPORATE FIDUCIARY FUND TO THE STATE GENERAL FUND (003).
S 7. Subdivision (a) of section 1 of part P of chapter 57 of the laws
of 2007 relating to providing funding for certain community projects is
REPEALED.
S 8. This act shall take effect immediately; provided, however, that:
S. 249 6 A. 162
a. the amendments to section 3 of Part RR of chapter 57 of the laws of
2008 made by sections one and two of this act shall expire on the same
date as such section expires and shall be deemed repealed therewith; and
b. section 27-a of Part RR of chapter 57 of the laws of 2008, as added
by section five of this act, shall expire and be deemed repealed on the
same date and in the same manner as sections 1, 3, 4, 14 and 18 through
27 of Part RR of chapter 57 of the laws of 2008.
PART C
Section 1. Part NN of chapter 57 of the laws of 2008 relating to
authorizing the New York state mortgage agency to transfer certain
moneys, section 3 as amended by chapter 284 of the laws of 2008, is
amended to read as follows:
PART NN
Section 1. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance-account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain the credit rating (as
determined by the agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agen-
cy, shall, as soon as practicable but not later than July 1, 2008,
transfer a sum not to exceed one hundred million dollars from the
project pool insurance account of the mortgage insurance fund as
follows: a sum not to exceed fifty-four million dollars to the New York
state housing finance agency for its Mitchell Lama Rehabilitation and
Preservation Program and its All Affordable Program; a sum not to exceed
six million dollars to the Long Island Housing Partnership for its
Homeownership and Economic Stabilization for Long Island Program; a sum
not to exceed twenty-five million dollars to the New York state housing
trust fund corporation (the "corporation") for the provision of subprime
foreclosure prevention services as provided in section two of this act;
and a sum not to exceed fifteen million dollars to the corporation for
the greater Catskills flood remediation program as provided in section
three of this act.
S 2. Within the amounts transferred to the corporation pursuant to
section one of this act for subprime foreclosure prevention services,
the corporation shall, in consultation with the division of housing and
community renewal, the banking department and the office of court admin-
istration, develop and administer a subprime foreclosure prevention
services program which shall provide assistance related to foreclosure
prevention to homeowners who entered into subprime or unconventional
mortgages, including grants and aid to non-profit organizations to
provide counseling, mediation, legal representation, and negotiation on
behalf of borrowers facing default or foreclosure, training and support
for counselors, mediators, and lawyers regarding such assistance to
homeowners, and credit counseling. Such assistance shall only be offered
to borrowers who are natural persons who hold a subprime or unconven-
tional home loan that is secured by a mortgage or deed of trust on real
estate upon which there is located a structure or structures intended
principally for occupancy of from one to four families and which is
occupied by the borrower as the borrower's principal dwelling and is
located in this state. For purposes of this section, "subprime or uncon-
ventional mortgage" shall mean: for a first lien loan, one that has an
S. 249 7 A. 162
annual percentage rate of three or more percentage points above the
yield on treasury securities of comparable maturity measured as of the
fifteenth day of the month immediately preceding the month in which the
application for the loan is received by the lender; for a subordinate
lien loan, one that has an annual percentage rate of five or more
percentage points above the yield on treasury securities of comparable
maturity measured as of the fifteenth day of the month immediately
preceding the month in which the application for the loan is received by
the lender; or a mortgage that is a "nontraditional mortgage" as such
term is described in the "Interagency Guidance on Nontraditional Mort-
gage Product Risks" issued September 29, 2006, and published in 71
Federal Register, 58609, on October 4, 2006, as updated. The corporation
shall develop application procedures for non-profit agencies to use to
apply for funds to carry out the provisions of this section, criteria
for evaluating such applications, including criteria that would encour-
age collaborative applications by multiple non-profit agencies, and
criteria for use by the non-profits that receive assistance pursuant to
this section to rank applications for assistance from eligible homeown-
ers for the provisions of subprime foreclosure prevention services, and
which shall consider the need for assistance and opportunity to success-
fully restructure the applicable mortgage to allow the homeowner to
continue to occupy the home. The corporation, in consultation with the
division of housing and community renewal, the banking department, and
the office of court administration, shall submit a report to the gover-
nor, the speaker of the assembly, and the temporary president of the
senate on or before December 31, 2008, on the implementation of this
act. Such report shall include, but not be limited to, for each provider
receiving funds under this act, a description of such provider's
contract amount, the specific foreclosure prevention activities
performed by such provider, and the number of persons and households
served by each provider and the number of requests for assistance that
could not be granted. The report shall also include an analysis of mort-
gage defaults in the state, the causes of such defaults, the unmet needs
that exist in the state due to defaults on loans, foreclosures of homes,
rates of foreclosures, the need for direct assistance to homeowners, and
the ability of homeowners to successfully comply with mortgage terms or
negotiate changes in their mortgages in order to remain in their homes.
S 3. Within the amounts transferred to the corporation pursuant to
section one of this act for the greater Catskills flood remediation
program, the corporation shall provide funds to the counties of Broome,
Chenango, Delaware, Herkimer, Montgomery, Orange, Otsego, Schoharie,
Sullivan, Tioga and Ulster, upon application by a county and within the
amounts available for disbursement to such county, to enable the coun-
ties to purchase and demolish one or two family homes that have been
certified by the local building inspector and county emergency manage-
ment director, to the satisfaction of the corporation, as having been
subject to one or more incidents of flooding since April 1, 2004 and as
likely to be subject to a future flood incident that would cause
substantial damage thereto. Any application by a county for disbursement
of funds under this act shall demonstrate, to the satisfaction of the
corporation, that: (1) the home is occupied as the primary residence of
an owner with a family income of up to one hundred fifty percent of the
area median income as defined by the United States department of housing
and urban development, provided, however, that an otherwise eligible
home shall be eligible for purchase under this act if the current owner
can demonstrate that the home was occupied as the owner's primary resi-
S. 249 8 A. 162
dence prior to a flood event that rendered the home unsuitable for habi-
tation; (2) the current appraised value of the home does not exceed two
hundred fifty thousand dollars and the purchase price for the home will
not exceed the appraised value less the amount of any property casualty
insurance or disaster relief payments received by the owner as compen-
sation for damage incurred in a flood incident; (3) all recorded liens
or other encumbrances on the home will be released at closing; (4) the
county provides assurances that the home will be condemned and the prop-
erty will be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, flood mitigation or wetlands
management practices; and (5) disbursements under this section shall be
limited to the costs of acquisition of eligible homes, including legal,
appraisal, recording and other transaction costs, and the costs of demo-
lition. In selecting homes for purchase pursuant to this act, each
county shall give preference to homes with a current appraised value of
less than one hundred fifty thousand dollars and to homes that have been
subject to two or more incidents of flooding since April 1, 2004. The
corporation shall establish policies and procedures consistent with this
section, which shall include county reporting requirements, and shall
report to the governor, the speaker of the assembly, the temporary pres-
ident of the senate and the director of the division of the budget on or
before December 31, 2008 regarding the implementation of this section.
Of the amounts transferred to the corporation pursuant to section one of
this act, the amounts disbursed to counties pursuant to this section
shall not exceed the following amounts: Broome, $750,000; Chenango,
$750,000; Delaware, $2,000,000; Herkimer, $750,000; Montgomery,
$750,000; Orange, $2,000,000; Otsego, $750,000; Schoharie, $750,000;
Sullivan, $3,750,000; Tioga, $750,000; and Ulster, $2,000,000.
S 4. NOTWITHSTANDING SECTIONS ONE AND THREE OF THIS ACT, THE JANUARY
1, 2009 UNDISBURSED BALANCES OF THE MITCHELL-LAMA REHABILITATION AND
PRESERVATION PROGRAM AND THE ALL AFFORDABLE PROGRAM, THE HOMEOWNERSHIP
AND ECONOMIC STABILIZATION FOR LONG ISLAND PROGRAM, AND THE GREATER
CATSKILLS FLOOD REMEDIATION PROGRAM SHALL BE TRANSFERRED TO THE GENERAL
FUND NO LATER THAN MARCH 31, 2009.
S 5. This act shall take effect immediately.
S 2. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 47 of part RR of chapter 57
of the laws of 2008, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [two hundred nine-
ty-one] THREE HUNDRED TWENTY-TWO million nine hundred forty-one thousand
dollars, plus a principal amount of bonds issued to fund the debt
service reserve fund in accordance with the debt service reserve fund
requirement established by the agency and to fund any other reserves
that the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of fees and other
charges and expenses, including underwriters' discount, trustee and
S. 249 9 A. 162
rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2009.
PART D
Section 1. Section 332 of the insurance law, subsection (a) as amended
by chapter 61 of the laws of 1989, is amended to read as follows:
S 332. Assessments to defray [operating] expenses of department. (a)
[The] FOR PURPOSES OF THIS SECTION, THE expenses of the department,
[excluding the expenses of the supervision of employee welfare funds]
SHALL INCLUDE ALL APPROPRIATIONS WHETHER ADMINISTERED BY THE DEPARTMENT
OR SUBALLOCATED TO ANOTHER STATE DEPARTMENT, BOARD, OR AGENCY, for any
fiscal year, including all direct and indirect costs, as approved by the
director of the budget [and audited by the comptroller], except as
otherwise provided by sections one hundred fifty-one and two hundred
twenty-eight of the workers' compensation law and by section sixty of
the volunteer firefighters' benefit law, shall be assessed by the super-
intendent pro rata upon all domestic insurers and all licensed United
States branches of alien insurers domiciled in this state within the
meaning of paragraph four of subsection (b) of section seven thousand
four hundred eight of this chapter, in proportion to the gross direct
premiums and other considerations, written or received by them in this
state during the calendar year ending December thirty-first immediately
preceding the end of the fiscal year for which the assessment is made
(less return premiums and considerations thereon) for policies or
contracts of insurance covering property or risks resident or located in
this state the issuance of which policies or contracts requires a
license from the superintendent; and the superintendent shall levy and
collect such assessments and pay the same into the state treasury,
subject to the provisions of section one hundred twenty-one of the state
finance law and subsection (b) hereof.
(b) For each fiscal year commencing on or after April first, nineteen
hundred eighty-three, a partial payment shall be made by each insurer
subject to this section in a sum equal to twenty-five per centum of the
annual expenses assessed upon it for the fiscal year as estimated by the
superintendent. Such payment shall be made on March tenth of the preced-
ing fiscal year and on June tenth, September tenth and December tenth of
each year, or at such other dates as the director of the budget may
prescribe. Provided, however, that the payment due March tenth, nineteen
hundred eighty-three for the fiscal year beginning April first, nineteen
hundred eighty-three shall not be required to be paid until June tenth,
nineteen hundred eighty-three. The balance of assessments for the fiscal
year shall be paid upon determination of the actual amount due in
accordance with the provisions of this section. Any overpayment of annu-
al assessment resulting from complying with the requirements of this
subsection shall be refunded or at the option of the assessed applied as
a credit against the assessment for the succeeding fiscal year. The
partial payment schedule provided for herein shall not be applicable to
S. 249 10 A. 162
any insurer whose annual assessment pursuant to this section for the
fiscal year is estimated to be less than one hundred dollars and such
insurers shall make a single annual payment on or before September thir-
tieth of the fiscal year.
S 2. Item (ii) of subparagraph (D) of paragraph 5 of subsection (l) of
section 3221 of the insurance law, as amended by chapter 502 of the laws
of 2007, is amended to read as follows:
(ii) The superintendent shall develop and implement a methodology to
fully cover the cost to any such group purchaser for providing the
coverage required in subparagraph (A) of this paragraph. Such methodol-
ogy shall be financed from funds [from the General Fund] that shall be
made available to the superintendent [for such purpose] IN ACCORDANCE
WITH THE PROVISIONS SET FORTH IN SECTION THREE HUNDRED THIRTY-TWO OF
THIS CHAPTER.
S 3. Subparagraph (B) of paragraph 4 of subsection (g) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) The superintendent shall develop and implement a methodology to
fully cover the cost to any such group contract holder for providing the
coverage required in paragraph one of this subsection. Such methodology
shall be financed from [moneys from the General Fund] FUNDS that shall
be made available to the superintendent [for such purpose] IN ACCORDANCE
WITH THE PROVISIONS SET FORTH IN SECTION THREE HUNDRED THIRTY-TWO OF
THIS CHAPTER.
S 4. Subparagraph (B) of paragraph 4 of subsection (h) of section 4303
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(B) The superintendent shall develop and implement a methodology to
fully cover the cost to any such group remittance group and group
contract holder for providing the coverage required in paragraph one of
this subsection. Such methodology shall be financed from [moneys from
the General Fund] FUNDS that shall be made available to the superinten-
dent [for such purpose] IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN
SECTION THREE HUNDRED THIRTY-TWO OF THIS CHAPTER.
S 5. Section 8 of chapter 748 of the laws of 2006 amending the insur-
ance law relating to enacting "Timothy's law" is amended to read as
follows:
S 8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed December 31, [2009] 2010; and the provisions of this act
shall apply to policies and contracts issued, renewed, modified, altered
or amended on or after such effective date.
S 6. This act shall take effect immediately; provided, however, that
the amendments to paragraph 5 of subsection (l) of section 3221 of the
insurance law made by section two of this act shall not affect the expi-
ration of such paragraph and shall expire and be deemed repealed there-
with; and provided further that the amendments to subsections (g) and
(h) of section 4303 of the insurance law made by sections three and four
of this act shall not affect the expiration of such subsections and
shall expire and be deemed repealed therewith.
PART E
Section 1. Paragraph 1 of subdivision (a) of section 9.60 of the
mental hygiene law, as amended by chapter 158 of the laws of 2005, is
amended to read as follows:
S. 249 11 A. 162
(1) "assisted outpatient treatment" shall mean categories of outpa-
tient services which have been ordered by the court pursuant to this
section. Such treatment shall include case management services or
assertive community treatment team services to provide care coordi-
nation, and may also include any of the following categories of
services: medication; periodic blood tests or urinalysis to determine
compliance with prescribed medications; individual or group therapy; day
or partial day programming activities; educational and vocational train-
ing or activities; alcohol or substance abuse treatment and counseling
and periodic tests for the presence of alcohol or illegal drugs for
persons with a history of alcohol or substance abuse; supervision of
living arrangements; and any other services within a local [or unified]
services plan developed pursuant to article forty-one of this chapter,
prescribed to treat the person's mental illness and to assist the person
in living and functioning in the community, or to attempt to prevent a
relapse or deterioration that may reasonably be predicted to result in
suicide or the need for hospitalization.
S 2. Paragraph 2 of subdivision (b) of section 31.27 of the mental
hygiene law, as added by chapter 723 of the laws of 1989, is amended to
read as follows:
(2) The commissioner of mental health shall require that each compre-
hensive psychiatric emergency program submit a plan. The plan must be
approved by the commissioner prior to the issuance of an operating
certificate pursuant to this article. Each plan shall include: (i) a
description of the program's catchment area; (ii) a description of the
program's psychiatric emergency services, including crisis intervention
services, crisis outreach services, crisis residence services, extended
observation beds, and triage and referral services, whether or not
provided directly or through agreement with other providers of services;
(iii) agreements or affiliations with hospitals, as defined in section
1.03 of this chapter, to receive and admit persons who require inpatient
psychiatric services; (iv) agreements or affiliations with general
hospitals to receive and admit persons who have been referred by the
comprehensive psychiatric emergency program and who require medical or
surgical care which cannot be provided by the comprehensive psychiatric
emergency program; (v) a description of local resources available to the
program to prevent unnecessary hospitalizations of persons, which shall
include agreements with local mental health, health, substance abuse,
alcoholism or alcohol abuse, mental retardation and developmental disa-
bilities, or social services agencies to provide appropriate services;
(vi) a description of the program's linkages with local police agencies,
emergency medical services, ambulance services, and other transportation
agencies; (vii) a description of local resources available to the
program to provide appropriate community mental health services upon
release or discharge, which shall include case management services and
agreements with state or local mental health and other human service
providers; (viii) written criteria and guidelines for the development of
appropriate discharge planning for persons in need of post emergency
treatment or services[,]; (ix) a statement indicating that the program
has been included in an approved local [or unified] services plan devel-
oped pursuant to article forty-one of this chapter for each local
government located within the program's catchment area; and (x) any
other information or agreements required by the commissioner.
S 3. Subdivision (d) of section 33.13 of the mental hygiene law, as
amended by chapter 408 of the laws of 1999, is amended to read as
follows:
S. 249 12 A. 162
(d) Nothing in this section shall prevent the electronic or other
exchange of information concerning patients or clients, including iden-
tification, between and among (i) facilities or others providing
services for such patients or clients pursuant to an approved local [or
unified] services plan, as defined in article forty-one of this chapter,
or pursuant to agreement with the department, and (ii) the department or
any of its licensed or operated facilities. Furthermore, subject to the
prior approval of the commissioner of mental health, hospital emergency
services licensed pursuant to article twenty-eight of the public health
law shall be authorized to exchange information concerning patients or
clients electronically or otherwise with other hospital emergency
services licensed pursuant to article twenty-eight of the public health
law and/or hospitals licensed or operated by the office of mental
health; provided that such exchange of information is consistent with
standards, developed by the commissioner of mental health, which are
designed to ensure confidentiality of such information. Additionally,
information so exchanged shall be kept confidential and any limitations
on the release of such information imposed on the party giving the
information shall apply to the party receiving the information.
S 4. Subdivision (d) of section 33.13 of the mental hygiene law, as
amended by chapter 912 of the laws of 1984, is amended to read as
follows:
(d) Nothing in this section shall prevent the exchange of information
concerning patients or clients, including identification, between (i)
facilities or others providing services for such patients or clients
pursuant to an approved local [or unified] services plan, as defined in
article forty-one, or pursuant to agreement with the department and (ii)
the department or any of its facilities. Information so exchanged shall
be kept confidential and any limitations on the release of such informa-
tion imposed on the party giving the information shall apply to the
party receiving the information.
S 5. The article heading of article 41 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
LOCAL [AND UNIFIED] SERVICES
S 6. The second undesignated paragraph and closing paragraph of
section 41.01 of the mental hygiene law, as amended by chapter 978 of
the laws of 1977, are amended to read as follows:
[In order to further the development, for each community in this
state, of a unified system for the delivery of such services, this arti-
cle gives to a local governmental unit the opportunity to participate in
the state-local development of such services by means of a unified
services plan. Such a plan is designed to be a mechanism whereby the
department, department facilities, and local government can jointly plan
for and deliver unified services to meet the needs of the consumers of
such services. The unified services system will strengthen state and
local partnership in the determination of the need for and the allo-
cation of services and more easily provide for the most effective and
economical utilization of new and existing state, local governmental,
and private resources to provide services. A uniform ratio of state and
local government responsibility for financing services under a unified
services plan is established by this article to eliminate having the
types of services provided in a community be determined by the local
government's share of the cost of a particular program rather than the
needs of the community.
S. 249 13 A. 162
It] EFFECTIVE IMPLEMENTATION OF THIS ARTICLE requires the direction
and administration, by each local governmental unit, of a local compre-
hensive planning process for its geographic area in which all providers
of services shall participate and cooperate in the provision of all
necessary information. It also initiates a planning effort involving the
state, local governments and other providers of service for the purpose
of promoting continuity of care through the development of integrated
systems of care and treatment for the mentally ill, mentally retarded
and developmentally disabled, and for those suffering from the diseases
of alcoholism and substance abuse.
S 7. Subdivisions 4 and 14 of section 41.03 of the mental hygiene law
are REPEALED, and subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 of
such section, such section as renumbered by chapter 978 of the laws of
1977, are renumbered subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.
S 8. Subdivision 5 of section 41.03 of the mental hygiene law, as
amended by chapter 588 of the laws of 1973 and as renumbered by section
seven of this act, is amended to read as follows:
5. "local governmental unit" means the unit of local government given
authority in accordance with this chapter by local government to provide
local [or unified] services.
S 9. Subdivision (b) of section 41.04 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(b) Guidelines for the operation of local [and unified] services plans
and financing shall be adopted only by rule or regulation. Such rules
and regulations shall be submitted at least twenty-one days prior to the
effective date thereof to the New York state conference of local mental
hygiene directors for comment thereon; provided, however, if a commis-
sioner finds that the public health, welfare or safety requires the
prompt adoption of rules and regulations, he may dispense with such
submission prior to the effective date thereof but, in such case, such
commissioner shall submit such rules and regulations to the conference
as soon as possible for their review within sixty days after the effec-
tive date thereof.
S 10. Subdivisions (a) and (c) of section 41.07 of the mental hygiene
law, as amended by chapter 588 of the laws of 1973 and such section as
renumbered by chapter 978 of the laws of 1977, are amended to read as
follows:
(a) Local governmental units may provide local [or unified] services
and facilities directly or may contract for the provision of those
services by other units of local or state government, by voluntary agen-
cies, or by professionally qualified individuals.
(c) Local governments may provide joint local [or unified] services
and facilities through agreements, made pursuant to law, which may
provide either that one local government provide and supervise these
services for other local governments or that a joint board or a joint
local department be established to administer these services for the
populations of all contracting local governments.
S 11. Subdivision (f) of section 41.10 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(f) The conference shall have the following powers:
1. To review and comment upon rules or regulations proposed by any of
the offices of the department for the operation of local [and unified]
service plans and programs. Comments on rules or regulations approved by
the conference shall be given to the appropriate commissioner or commis-
sioners for review and consideration; and
S. 249 14 A. 162
2. To propose rules or regulations governing the operation of the
local [and unified] services programs, and to forward such proposed
rules or regulations to the appropriate commissioner or commissioners
for review and consideration.
S 12. Subdivisions (a) and (b) of section 41.11 of the mental hygiene
law, as amended by section 5 of part R2 of chapter 62 of the laws of
2003, are amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services boards, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for the mentally disabled.
The other members shall represent the community interest in all the
problems of the mentally disabled and shall include representatives from
community agencies for the mentally ill, the mentally retarded and
developmentally disabled, and those suffering from alcoholism and
substance abuse. The community services board shall have separate
subcommittees for mental health, mental retardation and developmental
disabilities, and alcoholism or, at the discretion of the local govern-
ment, alcoholism and substance abuse. Each separate subcommittee shall
have no more than nine members appointed by the local government, except
that each subcommittee for mental health shall have no more than eleven
members appointed by the local government. Three of each such subcommit-
tee shall be members of the board. Each separate subcommittee shall be
composed of persons who have demonstrated an interest in the field of
services for the particular class of mentally disabled and shall include
former patients, parents or relatives of such mentally disabled persons
and community agencies serving the particular class of mentally disa-
bled, except that each subcommittee for mental health shall include at
least two members who are or were consumers of mental health services,
and at least two members who are parents or relatives of persons with
mental illness. Each separate subcommittee shall advise the community
services board and the director of community services regarding the
exercise of all policy-making functions vested in such board or direc-
tor, as such functions pertain to the field of services for the partic-
ular class of mentally disabled individuals represented by such subcom-
mittee. In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan [or the unified
services plan, as appropriate], and shall be authorized to report on the
consistency of such [plans] PLAN with the needs of persons with serious
mental illness, including children and adolescents with serious
emotional disturbances. Any such report shall be forwarded annually to
the community services board and the director of community services and
a copy shall also be sent to the commissioner prior to the submission of
the local services plan [or unified services plan. Provided], PROVIDED,
however, that the provisions of this paragraph shall not apply to cities
of over a million in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall be a
certified psychologist. The other members shall represent the community
S. 249 15 A. 162
interest in all of the problems of the mentally disabled and shall
include representatives from community agencies for the mentally ill,
the mentally retarded and developmentally disabled, and those suffering
from alcoholism and substance abuse. The community services board shall
have separate subcommittees for mental health, mental retardation and
developmental disabilities, and alcoholism or, at the discretion of the
local government, alcoholism and substance abuse. Each separate subcom-
mittee shall have no more than nine members appointed by the local
government, except that each subcommittee for mental health shall have
no more than eleven members appointed by the local government. Three
members of each such subcommittee shall be members of the board. Each
separate subcommittee shall be composed of persons who have demonstrated
an interest in the field of services for the particular class of mental-
ly disabled and shall include former patients, parents or relatives of
such mentally disabled persons and community agencies serving the
particular class of mentally disabled, except that each subcommittee for
mental health shall include at least two members who are or were consum-
ers of mental health services, and two members who are parents or rela-
tives of persons with mental illness. Each separate subcommittee shall
advise the community services board and the director of community
services regarding the exercise of all policy-making functions vested in
such board or director, as such functions pertain to the field of
services for the particular class of mentally disabled individuals
represented by such subcommittee. In addition, each subcommittee for
mental health shall be authorized to annually evaluate the local
services plan [or the unified services plan, as appropriate], and shall
be authorized to report on the consistency of such [plans] PLAN with the
needs of persons with serious mental illness, including children and
adolescents with serious emotional disturbances. Any such report shall
be forwarded annually to the community services board and the director
of community services, and a copy shall also be sent to the commissioner
prior to the submission of the local services plan [or unified services
plan].
S 13. Paragraphs 5, 6, 7 and 12 of subdivision (a) of section 41.13 of
the mental hygiene law, paragraphs 5 and 7 as amended by chapter 588 of
the laws of 1973, paragraph 6 as amended by chapter 746 of the laws of
1986, paragraph 12 as amended by chapter 24 of the laws of 1985 and such
section as renumbered by chapter 978 of the laws of 1977, are amended to
read as follows:
5. submit annually to the department for its approval and subsequent
state aid, a report of long range goals and specific intermediate range
plans as modified since the preceding report, along with a local
services plan [or unified services plan] for the next local fiscal year.
6. have the power, with the approval of local government, to enter
into contracts for the provision of services, including the provision of
community support services, and the construction of facilities including
contracts executed pursuant to subdivision (e) of section 41.19 of this
article, and have the power, when necessary, to approve construction
projects.
7. establish procedures for execution of the local services plan [or
the unified services plan] as approved by the local government and the
commissioner, including regulations to guide the provision of services
by all organizations and individuals within its program.
12. seek the cooperation and cooperate with other aging, public health
and social services agencies, public and private, in advancing the
program of local [or unified] services.
S. 249 16 A. 162
S 14. Section 41.14 of the mental hygiene law is REPEALED.
S 15. Subdivisions (a), (b), (c) and (e) of section 41.15 of the
mental hygiene law, subdivisions (a), (c) and (e) as amended by chapter
978 of the laws of 1977 and subdivision (b) as amended by chapter 707 of
the laws of 1988, are amended to read as follows:
(a) Net operating costs of programs incurred pursuant to [either] an
approved local services plan [or an approved unified services plan] in
accordance with the regulations of the commissioner or commissioners of
the office or offices of the department having jurisdiction of the
services and approved by the commissioner or commissioners of the office
or offices of the department having jurisdiction of the services shall
be eligible for state aid.
(b) Long range goals, intermediate range plans, and annual plans shall
meet requirements for comprehensive services set for each local govern-
ment by the commissioners of the offices of the department after taking
into consideration local needs and available resources. These services
shall be concerned with diagnosis, care, treatment, social and voca-
tional rehabilitation, community residential services licensed by the
department of mental hygiene, research, consultation and public educa-
tion, education and training of personnel, control and prevention of
mental disabilities, and the general furtherance of mental capability
and health. As part of the local services [or unified services plans]
PLAN required to establish eligibility for state aid in accordance with
the provisions herein, each local governmental unit shall submit a five-
year plan and annual implementation plans and budgets which shall
reflect local needs and resources, including the needs and resources
available for the provision of community support services, and the role
of facilities in the department in the provision of required services.
If the local government has developed community services assessments and
plans pursuant to subdivision four of section four hundred nine-d and
paragraph (b) of subdivision three of section four hundred twenty-three
of the social services law covering the same time period covered by the
five year plan and annual implementation plans and budgets required by
this subdivision, then the five year plan and annual implementation
plans and budget shall include those portions of the community services
assessments and plans relating to the provision of mental health, alco-
holism and substance abuse services and an estimate of funds to be made
available by the social services district for the provision or purchase
of these services.
(c) Subject to regulations for special circumstances as established by
the commissioner or commissioners of the office or offices of the
department having jurisdiction of the services, no annual plan or inter-
mediate range plan of the local governmental unit shall be approved
unless it indicates that reasonable efforts are being made to extend or
improve local [or unified] services in each succeeding local fiscal year
in accordance with the statewide long range goals and objectives of the
department for the development and integration of state, regional, and
local services for the mentally disabled.
(e) Capital costs incurred by a local government or by a voluntary
agency, pursuant to [either] an approved local services plan [or an
approved unified services plan] and in accordance with the regulations
of the commissioner or commissioners of the office or offices of the
department having jurisdiction of the services and with the approval of
the commissioner or commissioners having jurisdiction of the services,
shall be eligible for state aid pursuant to the provisions of this arti-
cle. Capital costs incurred by a voluntary agency shall be eligible for
S. 249 17 A. 162
state aid only if incurred pursuant to an agreement between the volun-
tary agency and the local governmental unit where the construction is
located. Such agreement shall contain the approval by the local govern-
mental unit of such construction and an agreement by such unit to
include the program of the voluntary agency in its plans and proposals.
S 16. Subdivisions (b), (c), (d) and paragraph 2 of subdivision (e) of
section 41.16 of the mental hygiene law, as added by chapter 978 of the
laws of 1977, paragraph 1 of subdivision (b) as amended by chapter 55 of
the laws of 1992 and subdivision (c) as amended by chapter 99 of the
laws of 1999, are amended to read as follows:
(b) In accordance with regulations established by the commissioner or
commissioners of the offices of the department having jurisdiction of
the services, which shall provide for prompt action on proposed local
services [and unified services] plans, each local governmental unit
shall:
1. establish long range goals and objectives consistent with statewide
goals and objectives developed pursuant to section 5.07 of this chapter
and develop or annually update the local services [or unified services]
plan of the local governmental unit or units listing providers, esti-
mated costs and proposed utilization of state resources, including
facilities and manpower, which shall be used in part to formulate state-
wide comprehensive plans for services.
2. submit one local services plan [or a unified services plan] to the
single agent of the department jointly designated by the commissioners
of the offices of the department annually for approval by the commis-
sioner or commissioners of the office or offices of the department
having jurisdiction of the services.
(c) A local services plan [or unified services plan] shall be devel-
oped, in accordance with the regulations of the commissioner or commis-
sioners of the office or offices of the department having jurisdiction
of the services by the local governmental unit or units which shall
direct and administer a local comprehensive planning process for its
geographic area, consistent with statewide goals and objectives estab-
lished pursuant to section 5.07 of this chapter. The planning process
shall involve the directors of any department facilities, directors of
hospital based mental health services, directors of community mental
health centers, consumers, consumer groups, voluntary agencies, other
providers of services, and local correctional facilities and other local
criminal justice agencies. The local governmental unit, or units, shall
determine the proposed local services plan [or unified services plan] to
be submitted for approval. If any provider of services including facili-
ties in the department, or any representative of the consumer or commu-
nity interests within the local planning process, disputes any element
of the proposed plan for the area which it serves, the objection shall
be presented in writing to the director of the local governmental unit.
If such dispute cannot be resolved to the satisfaction of all parties,
the director shall determine the plan to be submitted. If requested and
supplied by the objecting party, a written objection to the plan shall
be appended thereto and transmitted to the single agent of the depart-
ment jointly designated by the commissioners.
(d) Each commissioner of an office in the department shall review the
portion of the local services plan [or unified services plan] submitted
over which his office has jurisdiction and approve or disapprove such
plan in accordance with the procedures of subdivision (e) [hereof] OF
THIS SECTION.
S. 249 18 A. 162
2. A commissioner of an office of the department shall not disapprove
any portion of the local services plan [or unified services plan] with-
out providing the local governmental unit an opportunity to be heard
regarding the proposed disapproval and to propose any modification of
the plan. Pending the resolution of any dispute over approval of a
portion of the plan, by final determination of the commissioner having
jurisdiction over the services, new programs proposed shall not be
implemented and programs previously implemented shall continue to be
funded at existing levels. If a portion of the plan is disapproved, the
commissioner of the office having jurisdiction over such portion shall
notify the local governmental unit in writing stating reasons for such
action.
S 17. Sections 41.19, 41.21 and 41.23 of the mental hygiene law are
REPEALED.
S 18. Subdivision (d) of section 41.36 of the mental hygiene law, as
amended by chapter 262 of the laws of 1992, is amended to read as
follows:
(d) Each local governmental unit shall include in its annual local [or
unified services] plan a review of existing community residential facil-
ities providing reimbursable services and a recommendation of antic-
ipated needs for the development of such facilities, consistent with the
needs of the mentally retarded and developmentally disabled within the
jurisdiction of the local governmental unit.
S 19. Subdivision (b) of section 41.39 of the mental hygiene law, as
amended by chapter 515 of the laws of 1992, is amended to read as
follows:
(b) Notwithstanding any other provisions of this article, income real-
ized by a voluntary not-for-profit agency from industrial contracts
entered into pursuant to its operation of a sheltered workshop shall be
matched dollar for dollar by an office of the department of mental
hygiene through direct contract with the agency provided that no part of
the expenses of such sheltered workshop are claimed through a contract
with the local governmental unit which is receiving funding for
reimbursement of such expenses from the same office of the department
provided that such sheltered workshop is operating in accordance with an
approved local [or unified] services plan. In no event shall any combi-
nation of income including state aid exceed the total cost of operation
of such sheltered workshop.
S 20. Paragraph 2 of subdivision (e), paragraph 6 of subdivision (f),
and subdivisions (g), (h), and (i) of section 41.47 of the mental
hygiene law, as added by chapter 746 of the laws of 1986, are amended to
read as follows:
(2) The commissioner shall establish revenue goals for services,
provided, however, the commissioner may approve local [or unified]
services plans or may enter into direct contracts with providers of
services which substitute alternative revenue goals for individual
providers of services based upon appropriate documentation and justi-
fication, as required by the commissioner.
(6) the extent to which the community support services authorized by
the contract are consistent and integrated with the applicable local [or
unified] services plan of the area to be served; and
(g) The commissioner may enter into a direct contract for the
provision of community support services when the commissioner deter-
mines, after the approval of the local [or unified] services plan and
the allocation of state aid therefore, that such direct contract is
necessary to assure that additional community support services are
S. 249 19 A. 162
available to persons who are functionally disabled as a result of mental
illness and are eligible for community support services. Before entering
into a direct contract with a provider located within the geographic
area of a local governmental unit which receives state aid for community
support services pursuant to this section, the commissioner shall notify
the local governmental unit and give the director of the local govern-
mental unit an opportunity to appeal the need for such direct contract.
Such appeals shall be informal in nature and the rules of evidence shall
not apply.
(h) In order to qualify for one hundred percent state aid pursuant to
this section in any local fiscal year local governmental units shall
assure that the local tax levy share of expenditures for net operating
costs pursuant to an approved local services plan for services provided
to mentally ill persons pursuant to section 41.18 of this article[, when
applicable,] shall be equal to or greater than the local tax levy share
of such expenditures under an approved local services plan in the last
complete local fiscal year preceding the effective date of this section,
[and when applicable, such local tax levy share of net operating costs
for local governmental units submitting unified services plans pursuant
to section 41.23 of this article, as adjusted to reflect changes in the
rate of state reimbursement for approved expenditures, shall be equal to
or greater than the local tax levy share of the net operating costs for
expenditures under the approved unified services plan in the last
complete local fiscal year preceding the effective date of this
section,] provided, however, any such required maintenance of expendi-
tures under this subdivision for local governmental units may be reduced
to reflect the local governmental share of revenue applicable to
increased payments made by governmental agencies pursuant to title elev-
en of article five of the social services law, which are a result of
increased efficiencies in the collection of such revenue and which
represent an increased proportion of the total local [or unified]
services operating costs from the prior local fiscal year. The commis-
sioner shall be authorized to reduce payments made to local governmental
units pursuant to this article, in the following local fiscal year, for
failure to maintain expenditures in accordance with this subdivision.
(i) The provisions of subdivision (h) of this section shall not apply
to a local governmental unit in any local fiscal year in which the total
amount of state aid granted to the local governmental unit for net oper-
ating costs under section 41.18 [or section 41.23] of the article is
less than such amount of state aid granted in the local fiscal year
preceding the effective date of this section, or in any local fiscal
year in which the total amount of state aid granted to the local govern-
mental unit under this section, plus the total amount of direct
contracts entered into between the commissioner and providers of
services for the provision of community support services to eligible
residents of such local governmental unit, shall be less than the total
amount of such aid and direct contracts in the first local fiscal year
following the effective date of this section.
S 21. Subdivision 4 of section 41.49 of the mental hygiene law, as
added by chapter 499 of the laws of 1988, is amended to read as follows:
4. Notwithstanding any other provision of this article, in order to
qualify for one hundred percent state aid pursuant to this section,
local governmental units shall assure that local contributions for
expenditures in any local fiscal year for local [or unified] services
provided to mentally ill persons made pursuant to this article, as
applicable, shall be equal to or greater than the amount expended by
S. 249 20 A. 162
such local governmental unit in the last complete local fiscal year
preceding the effective date of this section. The commissioner shall be
authorized to reduce payments made to local governmental units which
have received grants pursuant to this section, in the following local
fiscal year, for failure to maintain expenditures in accordance with
this subdivision.
S 22. Subdivision (d) of section 41.53 of the mental hygiene law, as
amended by chapter 223 of the laws of 1992, is amended to read as
follows:
(d) No such grant will be awarded unless the community residence is
consistent with the local services plan [or the unified services plan,
as appropriate], pursuant to this article.
S 23. This act shall take effect January 1, 2009; provided, however,
that the amendments made to sections 9.60 and 31.27 of the mental
hygiene law by sections one and two of this act shall not affect the
repeal of such sections and shall be deemed repealed therewith; the
amendments to subdivision (d) of section 33.13 of the mental hygiene law
made by section three of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 18 of chapter 408 of
the laws of 1999, as amended when upon such date the provisions of
section four of this act shall take effect; and the amendments to subdi-
visions (a) and (b) of section 41.11 of the mental hygiene law made by
section twelve of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
PART F
Section 1. Subdivision 3-a of section 1 of part C of chapter 57 of the
laws of 2006, relating to establishing a cost of living adjustment for
designated human services programs, as added by section 2 of part I of
chapter 58 of the laws of 2008, is amended to read as follows:
3-a. Notwithstanding any inconsistent provision of law, for the period
of April 1, 2008 through [March 31, 2009] DECEMBER 31, 2008, the commis-
sioners shall apply a three and two-tenths percent (3.2%) COLA under
this section for the purpose of establishing rates of payments,
contracts or any other form of reimbursement. FOR THE PERIOD COMMENCING
ON JANUARY 1, 2009, THE COMMISSIONERS SHALL APPLY A ONE PERCENT
REDUCTION TO THE AMOUNT IN EFFECT ON DECEMBER 31, 2008 FOR THE PURPOSE
OF ESTABLISHING RATES OF PAYMENTS, CONTRACTS OR ANY OTHER FORM OF
REIMBURSEMENT.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2009;
provided, however, that the amendments to subdivision 3-a of section 1
of part C of chapter 57 of the laws of 2006 made by section one of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
PART G
Section 1. Subdivision 12 of section 272 of the public health law, as
added by section 10 of part C of chapter 58 of the laws of 2005, is
amended to read as follows:
12. No prior authorization shall be required under the preferred drug
program for: (a) atypical anti-psychotics; (b) [anti-depressants; (c)]
anti-retrovirals used in the treatment of HIV/AIDS; [and (d)] (C) anti-
rejection drugs used for the treatment of organ and tissue transplants;
S. 249 21 A. 162
[(e)] AND (D) any other therapeutic class for the treatment of mental
illness or HIV/AIDS, recommended by the committee and approved by the
commissioner under this section.
S 2. Subparagraph (ii) of paragraph (b) of subdivision 9 of section
367-a of the social services law, as amended by section 4 of part C of
chapter 58 of the laws of 2008, is amended to read as follows:
(ii) if the drug dispensed is a multiple source prescription drug or a
brand-name prescription drug for which no specific upper limit has been
set by such federal agency, the lower of the estimated acquisition cost
of such drug to pharmacies, or the dispensing pharmacy's usual and
customary price charged to the general public. For sole and multiple
source brand name drugs, estimated acquisition cost means the average
wholesale price of a prescription drug based upon the package size
dispensed from, as reported by the prescription drug pricing service
used by the department, less [sixteen] SEVENTEEN and twenty-five one
hundredths percent thereof, and updated monthly by the department; or,
for a specialized HIV pharmacy, as defined in paragraph (f) of this
subdivision, acquisition cost means the average wholesale price of a
prescription drug based upon the package size dispensed from, as
reported by the prescription drug pricing service used by the depart-
ment, less twelve percent thereof, and updated monthly by the depart-
ment. For multiple source generic drugs, estimated acquisition cost
means the lower of the average wholesale price of a prescription drug
based on the package size dispensed from, as reported by the
prescription drug pricing service used by the department, less twenty-
five percent thereof, or the maximum acquisition cost, if any, estab-
lished pursuant to paragraph (e) of this subdivision; or, for a special-
ized HIV pharmacy, as defined in paragraph (f) of this subdivision,
acquisition cost means the lower of the average wholesale price of a
prescription drug based on the package size dispensed from, as reported
by the prescription drug pricing service used by the department, less
twelve percent thereof, or the maximum acquisition cost, if any, estab-
lished pursuant to paragraph (e) of this subdivision.
S 3. Subparagraph 1 of paragraph (b) of subdivision 1 of section 250
of the elder law, as amended by section 1 of part A of chapter 58 of the
laws of 2008, is amended to read as follows:
(1) Average wholesale price discounted by [sixteen] SEVENTEEN and
twenty-five one hundredths percent, plus a dispensing fee as defined in
paragraph (c) of this subdivision, or
S 4. Paragraph (a) of subdivision 2 of section 2807-d of the public
health law is amended by adding a new subparagraph (vi) to read as
follows:
(VI) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF THIS PARAGRAPH OR ANY
OTHER PROVISION OF LAW OR REGULATION, FOR GENERAL HOSPITALS THE ASSESS-
MENT SHALL BE SEVEN TENTHS OF ONE PERCENT OF EACH GENERAL HOSPITAL'S
GROSS RECEIPTS RECEIVED FROM ALL PATIENT CARE SERVICES AND OTHER OPERAT-
ING INCOME ON A CASH BASIS FOR PERIODS ON AND AFTER JANUARY FIRST, TWO
THOUSAND NINE, FOR HOSPITAL OR HEALTH-RELATED SERVICES, INCLUDING, BUT
NOT LIMITED TO INPATIENT SERVICES, OUTPATIENT SERVICES, EMERGENCY
SERVICES, REFERRED AMBULATORY SERVICES AND AMBULATORY SURGICAL SERVICES,
BUT NOT INCLUDING RESIDENTIAL HEALTH CARE FACILITIES SERVICES OR HOME
HEALTH CARE SERVICES.
S 5. Section 2807-c of the public health law is amended by adding a
new subdivision 34 to read as follows:
34. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY
OTHER CONTRARY PROVISION OF LAW, AND SUBJECT TO THE AVAILABILITY OF
S. 249 22 A. 162
FEDERAL FINANCIAL PARTICIPATION, MEDICAID PER DIEM AND PER DISCHARGE
RATES OF PAYMENT FOR DISCHARGES AND DAYS OCCURRING ON AND AFTER JANUARY
FIRST, TWO THOUSAND NINE, SHALL BE COMPUTED IN ACCORDANCE WITH THE
FOLLOWING:
(A) FOR THE RATE PERIOD JANUARY FIRST, TWO THOUSAND NINE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINE, THE OPERATING COST COMPONENTS OF SUCH
RATES OF PAYMENT FOR INPATIENT HOSPITAL SERVICES SHALL, AFTER APPLICA-
TION OF ANY APPLICABLE ADJUSTMENTS TO THE TREND FACTORS AFFECTING SUCH
RATES, BE SUBJECT TO A UNIFORM PERCENTAGE REDUCTION OF EIGHT PERCENT;
AND
(B) FOR THE RATE PERIOD APRIL FIRST, TWO THOUSAND NINE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TEN, THE OPERATING COST COMPONENTS OF SUCH
RATES OF PAYMENT FOR INPATIENT HOSPITAL SERVICES SHALL, AFTER APPLICA-
TION OF ANY APPLICABLE ADJUSTMENTS TO THE TREND FACTORS AFFECTING SUCH
RATES, BE SUBJECT TO A UNIFORM PERCENTAGE REDUCTION OF TWO PERCENT.
S 6. Section 11 of part C of chapter 58 of the laws of 2008 amending
the social services law and the public health law relating to adjust-
ments of rates, as amended by section 4 of part F of chapter 497 of the
laws of 2008, is amended to read as follows:
S 11. 1. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, subdivision 2-b of section 2808 of the
public health law, section 21 of chapter 1 of the laws of 1999, and any
other contrary provision of law, but subject to subparagraph (iii) of
paragraph (b) of subdivision 33 of section 2807-c of the public health
law, in determining rates of payments by state governmental agencies
effective for services provided on and after April 1, 2008, for inpa-
tient and outpatient services provided by general hospitals, for inpa-
tient services and adult day health care outpatient services provided by
residential health care facilities pursuant to article 28 of the public
health law, except for residential health care facilities that provide
extensive nursing, medical, psychological and counseling support
services to children, for home health care services provided pursuant to
article 36 of the public health law by certified home health agencies
and long term home health care programs, other than for services
provided to home care patients diagnosed with AIDS as determined by
applicable regulations, and personal care services provided pursuant to
paragraph (e) of subdivision two of section 365-a of the social services
law, the commissioner of health shall apply a trend factor projection
equal to sixty-five percent of the otherwise applicable trend factor
projection attributable to the period January 1, 2008 through December
31, 2008 in accordance with paragraph (c) of subdivision 10 of section
2807-c of the public health law, provided, however, that for rates of
payment effective for services provided on and after [September 10,
2008, the final trend factor projections attributable to the 2008 calen-
dar year period shall be further adjusted such that any increase to the
average trend factor projections for the period April 1, 2008 through
December 31, 2008 shall be reduced, on an annualized basis, by one and
three tenths percentage points] JANUARY 1, 2009, INCLUDING SERVICES
PROVIDED TO HOME CARE PATIENTS DIAGNOSED WITH AIDS AS DETERMINED BY
APPLICABLE REGULATIONS, SUCH 2008 TREND FACTOR PROJECTION SHALL BE
FURTHER REDUCED TO ZERO, AND PROVIDED FURTHER, HOWEVER, THAT NO ADJUST-
MENT TO SUCH 2008 TREND FACTOR PROJECTION SHALL BE MADE FOR PERIODS ON
AND AFTER APRIL 1, 2008 PURSUANT TO SUBPARAGRAPH 3 OF PARAGRAPH (C) OF
SUBDIVISION 10 OF SECTION 2807-C OF THE PUBLIC HEALTH LAW, AND PROVIDED
FURTHER, HOWEVER, THAT FOR RATES OF PAYMENT FOR ASSISTED LIVING PROGRAM
SERVICES PROVIDED ON AND AFTER JANUARY 1, 2009, TREND FACTOR PROJECTIONS
S. 249 23 A. 162
ATTRIBUTABLE TO THE 2008 CALENDAR YEAR SHALL BE REDUCED TO ZERO, AND
FURTHER PROVIDED, HOWEVER, THAT FOR RATES OF PAYMENT FOR PERSONAL CARE
SERVICES PROVIDED ON AND AFTER JANUARY 1, 2009, IN THOSE SOCIAL SERVICES
DISTRICTS, INCLUDING NEW YORK CITY, WHOSE RATES OF PAYMENT FOR SUCH
SERVICES ARE ISSUED BY SUCH SOCIAL SERVICES DISTRICTS PURSUANT TO A
RATE-SETTING EXEMPTION ISSUED BY THE COMMISSIONER OF HEALTH TO SUCH
SOCIAL SERVICES DISTRICTS IN ACCORDANCE WITH APPLICABLE REGULATIONS,
TREND FACTOR PROJECTIONS ATTRIBUTABLE TO THE 2008 CALENDAR YEAR SHALL BE
REDUCED TO ZERO.
2. The commissioner of health shall adjust rates of payment to reflect
the exclusion pursuant to this section of such specified trend factor
projections or adjustments.
S 7. 1. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, subdivision 2-b of section 2808 of the
public health law, section 21 of chapter 1 of the laws of 1999, section
5 of part F of chapter 497 of the laws of 2008 and any other contrary
provision of law, in determining rates of payments by state governmental
agencies effective for services provided on and after January 1, 2009,
for inpatient and outpatient services provided by general hospitals, for
inpatient services and adult day health care outpatient services
provided by residential health care facilities pursuant to article 28 of
the public health law, except for residential health care facilities
that provide extensive nursing, medical, psychological and counseling
support services to children, for home health care services provided
pursuant to article 36 of the public health law by certified home health
agencies, long term home health care programs and AIDS home care
programs, and for personal care services provided pursuant to section
367-i of the social services law, the commissioner of health shall apply
zero trend factor projections attributable to the 2009 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such zero trend factor
projections for such 2009 calendar year shall also be applied to rates
of payment for personal care services provided in those local social
services districts, including New York city, whose rates of payment for
such services are established by such local social services districts
pursuant to a rate-setting exemption issued by the commissioner of
health to such local social services districts in accordance with appli-
cable regulations, and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary 1, 2009, trend factor projections attributable to the 2009 calendar
year shall be established at zero percent.
2. The commissioner of health shall adjust rates of payment to reflect
the exclusion pursuant to this section of such specified trend factor
projections or adjustments.
S 8. Subparagraph (i) of paragraph (a) of subdivision 2-b of section
2808 of the public health law, as added by section 47 of part C of chap-
ter 109 of the laws of 2006, is amended to read as follows:
(i) Subject to the provisions of subparagraphs (ii) through (vi) of
this paragraph, for the two thousand seven rate period the operating
cost component of rates of payment shall reflect the operating cost
component of rates effective for October first, two thousand six, as
adjusted for inflation in accordance with paragraph (c) of subdivision
ten of section twenty-eight hundred seven-c of this article; and for the
JANUARY FIRST, two thousand eight THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND NINE rate period the operating cost component of rates of payment
shall reflect the operating cost component of rates effective for Decem-
S. 249 24 A. 162
ber thirty-first, two thousand six, as adjusted for inflation in accord-
ance with paragraph (c) of subdivision ten of section twenty-eight
hundred seven-c of this article.
S 9. Subparagraph (i) of paragraph (b) of subdivision 2-b of section
2808 of the public health law, as added by section 47 of part C of chap-
ter 109 of the laws of 2006, is amended to read as follows:
(i) Subject to the provisions of subparagraphs (ii) through (xiv) of
this paragraph, for periods on and after [January] APRIL first, two
thousand nine the operating cost component of rates of payment shall
reflect allowable operating costs as reported in each facility's cost
report for the two thousand two calendar year, as adjusted for inflation
on an annual basis in accordance with the methodology set forth in para-
graph (c) of subdivision ten of section twenty-eight hundred seven-c of
this article, provided, however, that for those facilities which do not
receive a per diem add-on adjustment pursuant to subparagraph (ii) of
paragraph (a) of this subdivision, rates shall be further adjusted to
include the proportionate benefit, as determined by the commissioner, of
the expiration of the opening paragraph and paragraph (a) of subdivision
sixteen of this section and of paragraph (a) of subdivision fourteen of
this section, and provided further that the operating cost component of
rates of payment for those facilities which did not receive a per diem
adjustment in accordance with subparagraph (ii) of paragraph (a) of this
subdivision shall not be less than the operating component such facili-
ties received in the two thousand eight rate period, as adjusted for
inflation on an annual basis in accordance with the methodology set
forth in paragraph (c) of subdivision ten of section twenty-eight
hundred seven-c of this article and further provided, however, that
rates for facilities whose operating cost component reflects base year
costs subsequent to January first, two thousand two shall have rates
computed in accordance with this paragraph, utilizing allowable operat-
ing costs as reported in such subsequent base year period, and trended
forward to the rate year in accordance with applicable inflation
factors.
S 10. Section 2808 of the public health law is amended by adding a new
subdivision 25 to read as follows:
25. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY
OTHER CONTRARY PROVISION OF LAW, AND SUBJECT TO THE AVAILABILITY OF
FEDERAL FINANCIAL PARTICIPATION, FOR RATE PERIODS ON AND AFTER JANUARY
FIRST, TWO THOUSAND NINE, THE OPERATING COST COMPONENTS OF RATES OF
PAYMENT PAID BY GOVERNMENTAL AGENCIES FOR INPATIENT SERVICES TO EACH
RESIDENTIAL HEALTH CARE FACILITY SHALL, AFTER APPLICATION OF ANY APPLI-
CABLE ADJUSTMENTS TO THE TREND FACTORS AFFECTING SUCH RATES, BE SUBJECT
TO UNIFORM REDUCTIONS OF EIGHT PERCENT FOR THE PERIOD JANUARY FIRST, TWO
THOUSAND NINE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND NINE, AND OF TWO
PERCENT FOR THE PERIOD APRIL FIRST, TWO THOUSAND NINE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TEN.
S 11. Section 3614 of the public health law is amended by adding a new
subdivision 12 to read as follows:
12. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY
OTHER CONTRARY PROVISION OF LAW, AND SUBJECT TO THE AVAILABILITY OF
FEDERAL FINANCIAL PARTICIPATION, FOR RATE PERIODS ON AND AFTER JANUARY
FIRST, TWO THOUSAND NINE, THE RATES OF PAYMENT PAID BY GOVERNMENTAL
AGENCIES FOR HOME HEALTH CARE SERVICES TO EACH CERTIFIED HOME HEALTH
AGENCY, EACH LONG TERM HOME HEALTH CARE PROGRAM, AND EACH AIDS HOME CARE
PROGRAM SHALL, AFTER APPLICATION OF ANY APPLICABLE ADJUSTMENTS TO THE
S. 249 25 A. 162
TREND FACTORS AFFECTING SUCH RATES, BE SUBJECT TO A UNIFORM REDUCTION OF
ONE PERCENT.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY
OTHER CONTRARY PROVISION OF LAW, AND SUBJECT TO THE AVAILABILITY OF
FEDERAL FINANCIAL PARTICIPATION, FOR RATE PERIODS ON AND AFTER JANUARY
FIRST, TWO THOUSAND NINE, THE RATES OF PAYMENT PAID BY GOVERNMENTAL
AGENCIES FOR PERSONAL CARE SERVICES, INCLUDING PERSONAL CARE SERVICES
PROVIDED IN THOSE SOCIAL SERVICES DISTRICTS WHOSE RATES OF PAYMENT FOR
SUCH SERVICES ARE ESTABLISHED BY SUCH SOCIAL SERVICES DISTRICTS PURSUANT
TO A RATE-SETTING EXEMPTION ISSUED BY THE COMMISSIONER TO SUCH SOCIAL
SERVICES DISTRICTS IN ACCORDANCE WITH APPLICABLE REGULATIONS, SHALL,
AFTER APPLICATION OF ANY APPLICABLE ADJUSTMENTS TO THE TREND FACTORS
AFFECTING SUCH RATES, BE SUBJECT TO A UNIFORM REDUCTION OF ONE PERCENT.
S 12. The opening paragraph of subdivision 7 of section 3614 of the
public health law, as amended by section 18 of part C of chapter 109 of
the laws of 2006, is amended to read as follows:
Notwithstanding any inconsistent provision of law or regulation, for
purposes of establishing rates of payment by governmental agencies for
certified home health agencies for the period April first, nineteen
hundred ninety-five through December thirty-first, nineteen hundred
ninety-five and for rate periods beginning on or after January first,
nineteen hundred ninety-six, the reimbursable base year administrative
and general costs of a provider of services shall not exceed the state-
wide average of total reimbursable base year administrative and general
costs of such providers of services, PROVIDED, HOWEVER, THAT FOR
PURPOSES OF ESTABLISHING SUCH RATES OF PAYMENT FOR PERIODS ON AND AFTER
JANUARY FIRST, TWO THOUSAND NINE, SUCH REIMBURSABLE BASE YEAR ADMINIS-
TRATIVE AND GENERAL COSTS FOR THOSE SUCH AGENCIES WITH ANNUAL EXPENSES
IN EXCESS OF TWENTY MILLION DOLLARS, AS DETERMINED USING THE REPORTED
BASE YEAR COST DATA USED TO ESTABLISH THE STATEWIDE AVERAGE ADMINISTRA-
TIVE AND GENERAL COST CEILING FOR THE APPLICABLE RATE YEAR, SHALL NOT
EXCEED THE LOWER OF SUCH STATEWIDE AVERAGE OR TWENTY PERCENT OF EACH
SUCH AGENCY'S TOTAL REIMBURSABLE BASE YEAR COSTS. The amount of such
reduction in certified home health agency rates of payments made during
the period April first, nineteen hundred ninety-five through March thir-
ty-first, nineteen hundred ninety-six shall be adjusted in the nineteen
hundred ninety-six rate period on a pro-rata basis, if it is determined
upon post-audit review by June fifteenth, nineteen hundred ninety-six
and reconciliation that the savings for the state share, excluding the
federal and local government shares, of medical assistance payments
pursuant to title eleven of article five of the social services law
based on the limitation of such payment pursuant to this subdivision is
in excess of one million five hundred thousand dollars or is less than
one million five hundred thousand dollars for payments made on or before
March thirty-first, nineteen hundred ninety-six to reflect the amount by
which such savings are in excess of or lower than one million five
hundred thousand dollars. For rate periods on and after January first,
two thousand five through December thirty-first, two thousand six, there
shall be no such reconciliation of the amount of savings in excess of or
lower than one million five hundred thousand dollars.
S 13. The opening paragraph of subdivision 7-a of section 3614 of the
public health law, as amended by section 89 of part C of chapter 58 of
the laws of 2007, is amended to read as follows:
Notwithstanding any inconsistent provision of law or regulation, for
the purposes of establishing rates of payment by governmental agencies
for long term home health care programs for the period April first, two
S. 249 26 A. 162
thousand five, through December thirty-first, two thousand five, and for
the period January first, two thousand six through March thirty-first,
two thousand seven, and on and after April first, two thousand seven
through March thirty-first, two thousand nine, the reimbursable base
year administrative and general costs of a provider of services shall
not exceed the statewide average of total reimbursable base year admin-
istrative and general costs of such providers of services PROVIDED,
HOWEVER, THAT FOR PURPOSES OF ESTABLISHING SUCH RATES OF PAYMENT FOR
PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE, SUCH REIMBURSABLE
BASE YEAR ADMINISTRATIVE AND GENERAL COSTS FOR THOSE SUCH PROVIDERS WITH
ANNUAL EXPENSES IN EXCESS OF TWENTY MILLION DOLLARS, AS DETERMINED USING
THE REPORTED BASE YEAR COST DATA USED TO ESTABLISH THE STATEWIDE AVERAGE
ADMINISTRATIVE AND GENERAL COST CEILING FOR THE APPLICABLE RATE YEAR,
SHALL NOT EXCEED THE LOWER OF SUCH STATEWIDE AVERAGE OR TWENTY PERCENT
OF EACH SUCH PROVIDER'S TOTAL REIMBURSABLE BASE YEAR COSTS.
S 14. Section 3614 of the public health law is amended by adding a new
subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER LAW, RULE OR REGULATION, FOR PURPOSES OF ESTABLISHING RATES OF
PAYMENT FOR CERTIFIED HOME HEALTH AGENCY SERVICES AND LONG TERM HOME
HEALTH CARE PROGRAM SERVICES, FOR PERIODS ON AND AFTER JANUARY FIRST,
TWO THOUSAND NINE, NO AMOUNT SHALL BE INCLUDED IN THE RATE FOR ANY
COMMUNITY-BASED AGENCY OR PROGRAM THAT IS IN EXCESS OF ONE HUNDRED
PERCENT OF THE WEIGHTED AVERAGE COST OF ALL COMMUNITY-BASED AGENCIES OR
PROGRAMS IN EACH SUCH AGENCY'S OR PROGRAM'S GROUP, OR THAT, IN THE CASE
OF HOSPITAL-BASED AGENCIES OR PROGRAMS, IS IN EXCESS OF ONE HUNDRED
PERCENT OF THE WEIGHTED AVERAGE COST OF COMMUNITY BASED AGENCIES OR
PROGRAMS IN THE AREA IN WHICH SUCH HOSPITAL-BASED AGENCIES OR PROGRAMS
ARE LOCATED.
S 15. Subparagraphs (xiii), (xiv) and (xv) of paragraph (a) of subdi-
vision 6 of section 2807-s of the public health law, as added by section
15 of part B of chapter 58 of the laws of 2008, are amended to read as
follows:
(xiii) A gross statewide amount for the period October first, two
thousand eight through March thirty-first, two thousand nine, shall be
[sixty-four] ONE HUNDRED SEVENTY-FOUR million two hundred thousand
dollars. Such amount shall be separately reported and paid in six month-
ly installments by the tenth day of each month from October two thousand
eight to March two thousand nine. Such reports and payments must
initially be based on each payers' monthly enrollment count for the
preceding month and shall be reconciled on a month to month basis to
reflect the actual monthly enrollment counts for the applicable month.
(xiv) A gross annual statewide amount for the period January first,
two thousand nine through December thirty-first, two thousand ten, shall
be [eight hundred nineteen] NINE HUNDRED THIRTY-NINE million dollars.
(xv) A gross statewide amount for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, shall be
two hundred [four] THIRTY-FOUR million seven hundred fifty thousand
dollars.
S 16. Clause (A) of subparagraph (i) of paragraph (b) of subdivision
30 of section 2807-c of the public health law, as amended by section
22-b of part B of chapter 58 of the laws of 2008, is amended to read as
follows:
(A) eighteen million five hundred thousand dollars on an annualized
basis for the period April first, two thousand two through December
thirty-first, two thousand two; thirty-seven million four hundred thou-
S. 249 27 A. 162
sand dollars on an annualized basis for the period January first, two
thousand three through December thirty-first, two thousand three;
fifty-two million two hundred thousand dollars on an annualized basis
for the period January first, two thousand four through December thir-
ty-first, two thousand six; twenty-six million one hundred thousand
dollars for the period January first, two thousand seven through June
thirtieth, two thousand seven; forty-nine million dollars for the period
July first, two thousand seven through March thirty-first, two thousand
eight; [forty-nine] FORTY million dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine;
[forty-nine] THIRTY-SEVEN million dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten; and
[forty-nine] THIRTY-SEVEN million dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven.
S 17. Clause (A) of subparagraph (i) of paragraph (b) of subdivision
18 of section 2808 of the public health law, as amended by section 73-a
of part C of chapter 58 of the laws of 2008, is amended to read as
follows:
(A) seven million five hundred thousand dollars on an annualized basis
for the period April first, two thousand two through December thirty-
first, two thousand two; eleven million seven hundred thousand dollars
on an annualized basis for the period January first, two thousand three
through December thirty-first, two thousand three; sixteen million two
hundred thousand dollars on an annualized basis for the period January
first, two thousand four through December thirty-first, two thousand
six; and eight million one hundred thousand dollars for the period Janu-
ary first, two thousand seven through June thirtieth, two thousand
seven, eight million one hundred thousand dollars for the period July
first, two thousand seven through March thirty-first, two thousand
eight, [seven] AND THREE million [three] ONE hundred thousand dollars
for the period April first, two thousand eight through March thirty-
first, two thousand nine and one million nine hundred thousand dollars
for the period April first, two thousand nine through March thirty-
first, two thousand ten and each state fiscal year thereafter.
S 18. Paragraph (gg) of subdivision 1 of section 2807-v of the public
health law, as amended by section 5 of part B of chapter 58 of the laws
of 2008, is amended to read as follows:
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
S. 249 28 A. 162
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to two million six hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven; AND
(vii) up to [two million] six hundred FIFTY thousand dollars for the
period January first, two thousand eight through [December] MARCH thir-
ty-first, two thousand eight[;
(viii) up to two million six hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million six hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to six hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven].
S 19. Paragraph (oo) of subdivision 1 of section 2807-v of the public
health law, as amended by section 5 of part B of chapter 58 of the laws
of 2008, is amended to read as follows:
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; and
(v) up to [five] ONE million TWO HUNDRED FIFTY THOUSAND dollars for
the period January first, two thousand eight through [December] MARCH
thirty-first, two thousand eight[;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
(viii) up to one million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven].
S 20. Paragraph (e) of subdivision 25 of section 2807-c of the public
health law, as added by section 7 of part B of chapter 58 of the laws of
2004, is amended to read as follows:
(e) From amounts available pursuant to paragraph (oo) of subdivision
one of section twenty-eight hundred seven-v of this article, allocations
shall be made to non-public general hospitals receiving a rate adjust-
ment pursuant to paragraph (d) of this subdivision when the rate adjust-
ment pursuant to paragraph (d) of this subdivision results in the gener-
al hospital exceeding its applicable disproportionate share payment
limit in the year in which the adjustment is made FOR THE TWO THOUSAND
S. 249 29 A. 162
FOUR CALENDAR YEAR AND ANY PRIOR YEAR and the amount of the associated
reduction in the hospital's disproportionate share payments would result
in the hospital receiving less than its total distribution amount in
that year. A hospital's "total distribution amount" shall be the amount
that the hospital would have received pursuant to paragraphs (c) and (d)
of subdivision three of section twenty-eight hundred seven-m of this
article prior to the effective date of this paragraph. A hospital's
eligible loss for purposes of this paragraph shall be the amount of the
loss in such total distribution amount. Each eligible hospital's allo-
cation of available funds pursuant to this paragraph within a year shall
be determined based on its proportionate share of the aggregate eligible
losses for all such hospitals, limited by the amount of the rate adjust-
ment pursuant to paragraph (d) of this subdivision.
S 21. Paragraph (c) of subdivision 30 of section 2807-c of the public
health law, as amended by section 3 of part E of chapter 63 of the laws
of 2005, is amended to read as follows:
(c) From amounts available pursuant to paragraph (gg) of subdivision
one of section twenty-eight hundred seven-v of this article, allocations
shall be made to non-public general hospitals whose allocated labor
adjustments pursuant to paragraphs (a) and (e) of this subdivision and
adjustment pursuant to subdivision thirty-two of this section results in
the general hospital exceeding its applicable disproportionate share
payment limit ATTRIBUTABLE TO THE TWO THOUSAND FOUR CALENDAR YEAR OR ANY
PRIOR YEAR. Each such hospital's allocation of available funds pursuant
to this paragraph within a year shall be determined based on its propor-
tionate share of the aggregate reduction of federal disproportionate
share funding for all such hospitals for the year resulting from the
allocated labor adjustments pursuant to paragraphs (a) and (e) of this
subdivision and from the adjustment pursuant to subdivision thirty-two
of this section.
S 22. Clause (A) of subparagraph (i) of paragraph (b) of subdivision 1
of section 2807-1 of the public health law, as amended by section 4 of
part B of chapter 58 of the laws of 2008, is amended to read as follows:
(A) an amount not to exceed six million dollars on an annualized basis
for the periods January first, nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-nine; up to six million
dollars for the period January first, two thousand through December
thirty-first, two thousand; up to five million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one; up to four million dollars for the period January first, two
thousand two through December thirty-first, two thousand two; up to two
million six hundred thousand dollars for the period January first, two
thousand three through December thirty-first, two thousand three; up to
one million three hundred thousand dollars for the period January first,
two thousand four through December thirty-first, two thousand four; up
to six hundred seventy thousand dollars for the period January first,
two thousand five through June thirtieth, two thousand five; up to one
million three hundred thousand dollars for the period April first, two
thousand six through March thirty-first, two thousand seven; and up to
one million three hundred thousand dollars annually for the period April
first, two thousand seven through March thirty-first, two thousand
[eleven] NINE, shall be allocated to individual subsidy programs; and
S 23. Paragraph (e) of subdivision 2 of section 4 of section 1 of
chapter 703 of the laws of 1988, relating to enacting the expanded
health care coverage act of nineteen hundred eighty-eight and amending
the insurance law and other laws relating to expanded health care and
S. 249 30 A. 162
catastrophic health care coverage, as amended by section 20 of part B of
chapter 58 of the laws of 2008, is amended to read as follows:
(e) Applications for enrollment in the individual subsidy program will
not be accepted on and after January first, two thousand one; provided,
however, individuals and families who are otherwise eligible to receive
benefits under such program and are enrolled prior to January first, two
thousand one, may remain enrolled in such program until March thirty-
first, two thousand [eleven] NINE.
S 24. Paragraph (w) of subdivision 1 of section 2807-v of the public
health law, as amended by section 5 of part B of chapter 58 of the laws
of 2008, is amended to read as follows:
(w) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the treatment of breast and cervical cancer pursuant to para-
graph (v) of subdivision four of section three hundred sixty-six of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods in the following amounts:
(i) up to four hundred fifty thousand dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
(ii) up to two million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to two million one hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to two million one hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to two million one hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) up to two million one hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven; AND
(vii) up to two million one hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight[;
(viii) up to two million one hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to five hundred twenty-five thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven].
S 25. Subparagraph (vi) of paragraph (m) of subdivision 1 of section
2807-l of the public health law, as amended by section 4 of part B of
chapter 58 of the laws of 2008, is amended to read as follows:
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
S. 249 31 A. 162
ary first, two thousand seven through December thirty-first, two thou-
sand [ten] EIGHT, up to nineteen million dollars annually[, and for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven, up to four million seven hundred fifty thousand
dollars].
S 26. Section 2807-r of the public health law, as amended by section
30 of part B of chapter 58 of the laws of 2008, is amended to read as
follows:
S 2807-r. Funding for expansion of cancer services. To the extent of
funds available therefor pursuant to section twenty-eight hundred
seven-l of this article OR ANY OTHER SOURCE MADE AVAILABLE FOR THESE
PURPOSES, the commissioner may allocate funds for competitive grants or
reimbursement for the expansion of cancer services into medically under-
served or high need areas or medically underserved populations, and for
training programs for physicians and other practitioners from medically
underserved areas to upgrade their training and education in relation to
providing cancer education, detection and treatment services in such
areas.
S 27. Subparagraph (iv) of paragraph (c) of subdivision 1 of section
2807-l of the public health law, as amended by section 4 of part B of
chapter 58 of the laws of 2008, is amended to read as follows:
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the period January first, nineteen
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two, up
to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two
thousand four, up to five million one hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand six annually, up to five million one hundred thousand
dollars annually for the period January first, two thousand seven
through December thirty-first, two thousand [ten, and up to one million
two hundred seventy-five thousand dollars for the period January first,
two thousand eleven through March thirty-first, two thousand eleven]
EIGHT; and
S 28. Paragraph (jj) of subdivision 1 of section 2807-v of the public
health law, as amended by section 5 of part B of chapter 58 of the laws
of 2008, is amended to read as follows:
(jj) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purposes of a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-
atives pool established for the period January first, two thousand two
through December thirty-first, two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period April
first, two thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, AND for the period April first,
two thousand seven through March thirty-first, two thousand eight in the
amount of five million dollars[, for the period April first, two thou-
sand eight through March thirty-first, two thousand nine in the amount
of five million dollars, for the period April first, two thousand nine
S. 249 32 A. 162
through March thirty-first, two thousand ten in the amount of five
million dollars, and for the period April first, two thousand ten
through March thirty-first, two thousand eleven in the amount of five
million dollars].
S 29. Subparagraphs (viii) and (ix) of paragraph (a) of subdivision 7
of section 2807-s of the public health law, as amended by section 14 of
part B of chapter 58 of the laws of 2008, are amended, subparagraphs
(x), (xi) and (xii) are renumbered (xi), (xii) and (xiii) and a new
subparagraph (ix) is added to read as follows:
(viii) four hundred seventy million dollars [annually] for the period
January first, two thousand seven through December thirty-first, two
thousand [ten, and] SEVEN;
(IX) FOUR HUNDRED FORTY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS ANNU-
ALLY FOR THE PERIOD JANUARY FIRST, TWO THOUSAND EIGHT THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND TEN; AND
[(ix)] (X) one hundred [seventeen] ELEVEN million [five] SIX hundred
FIFTY thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven;
S 30. Paragraph (e) of subdivision 1 of section 2807-l of the public
health law, as amended by section 4 of part B of chapter 58 of the laws
of 2008, is amended to read as follows:
(e) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to organizations to support the health workforce
retraining program established pursuant to section twenty-eight hundred
seven-g of this article from the respective health care initiatives
pools established for the following periods in the following amounts
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, during the period January first, nineteen
hundred ninety-seven through December thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December thirty-
first, two thousand one, up to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three, up to forty-one million one hundred fifty
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to fifty-eight million
three hundred sixty thousand dollars for the period January first, two
thousand five through December thirty-first, two thousand five, up to
fifty-two million three hundred sixty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six, up to thirty-five million four hundred thousand dollars [annu-
ally] for the period January first, two thousand seven through December
thirty-first, two thousand [ten] EIGHT, UP TO TWENTY-EIGHT MILLION FOUR
HUNDRED THOUSAND DOLLARS FOR THE PERIOD JANUARY FIRST, TWO THOUSAND NINE
THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND NINE, UP TO FOURTEEN MILLION
THREE HUNDRED THOUSAND DOLLARS FOR THE PERIOD JANUARY FIRST, TWO THOU-
SAND TEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, and up to
[eight] THREE million [eight] FIVE hundred [fifty] SEVENTY-FIVE thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, less the amount of funds available
S. 249 33 A. 162
for allocations for rate adjustments for workforce training programs for
payments by state governmental agencies for inpatient hospital services.
S 31. Paragraphs (b), (c), (d) and (e) of subdivision 2 of section
2807-j of the public health law, as amended by section 41 of part B of
chapter 58 of the laws of 2005, are amended to read as follows:
(b) The total percentage allowance for each payor, other than govern-
mental agencies, or health maintenance organizations for services
provided to subscribers eligible for medical assistance pursuant to
title eleven of article five of the social services law, or approved
organizations for services provided to subscribers eligible for the
family health plus program pursuant to title eleven-D of article five of
the social services law, and other than payments for a patient that has
no third-party coverage in whole or in part for services provided by a
designated provider of services, shall be:
(i) the sum of (A) eight and eighteen-hundredths percent, provided,
however, that for services provided on and after July first, two thou-
sand three, the percentage shall be eight and eighty-five hundredths
percent, and further provided that for services provided on and after
January first, two thousand six, the percentage shall be eight and nine-
ty-five hundredths percent, AND FURTHER PROVIDED THAT FOR SERVICES
PROVIDED ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE, THE PERCENTAGE
SHALL BE NINE AND SIXTY-THREE HUNDREDTHS PERCENT, plus (B) twenty-four
percent, provided, however, that for services provided on and after July
first, two thousand three, the percentage shall be twenty-five and nine-
ty-seven hundredths percent, and further provided that for services
provided on and after January first, two thousand six, the percentage
shall be twenty-six and twenty-six hundredths percent, AND FURTHER
PROVIDED THAT FOR SERVICES PROVIDED ON AND AFTER JANUARY FIRST, TWO
THOUSAND NINE, THE PERCENTAGE SHALL BE TWENTY-EIGHT AND TWENTY-SEVEN
HUNDREDTHS PERCENT, and plus (C) for a specified third-party payor as
defined in subdivision one-a of section twenty-eight hundred seven-s of
this article the percentage allowance applicable for a general hospital
for inpatient hospital services pursuant to subdivision two of section
twenty-eight hundred seven-s of this article;
(ii) unless (A) an election in accordance with paragraph (a) of subdi-
vision five of this section to pay the allowance directly to the commis-
sioner or the commissioner's designee is in effect for a third-party
payor, and in addition (B) for a specified third-party payor an election
to pay the assessment in accordance with section twenty-eight hundred
seven-t of this article is in effect.
(c) If an election in accordance with subdivision five of this section
is in effect for a third-party payor and in addition in accordance with
section twenty-eight hundred seven-t of this article for a specified
third-party payor, the total percentage allowance factor shall be
reduced to eight and eighteen-hundredths percent, provided, however,
that for services provided on and after July first, two thousand three
the total percentage allowance factor shall be reduced to eight and
eighty-five hundredths percent, and further provided that for services
provided on and after January first, two thousand six, the total
percentage allowance factor shall be reduced to eight and ninety-five
hundredths percent, AND FURTHER PROVIDED THAT FOR SERVICES PROVIDED ON
AND AFTER JANUARY FIRST, TWO THOUSAND NINE, THE TOTAL PERCENTAGE ALLOW-
ANCE FACTOR SHALL BE REDUCED TO NINE AND SIXTY-THREE HUNDREDTHS PERCENT.
(d) The total percentage allowance for payments by governmental agen-
cies, as determined in accordance with paragraphs (a) and (a-1) of
subdivision one of section twenty-eight hundred seven-c of this article
S. 249 34 A. 162
as in effect on December thirty-first, nineteen hundred ninety-six, or
health maintenance organizations for services provided to subscribers
eligible for medical assistance pursuant to title eleven of article five
of the social services law, or approved organizations for services
provided to subscribers eligible for the family health plus program
pursuant to title eleven-D of article five of the social services law,
shall be five and ninety-eight-hundredths percent, provided, however,
that for services provided on and after July first, two thousand three
the total percentage allowance shall be six and forty-seven hundredths
percent, and further provided that for services provided on and after
January first, two thousand six, the total percentage allowance shall be
six and fifty-four hundredths percent, AND FURTHER PROVIDED THAT FOR
SERVICES PROVIDED ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE, THE
TOTAL PERCENTAGE ALLOWANCE SHALL BE SEVEN AND FOUR HUNDREDTHS PERCENT.
(e) The total percentage allowance for payments for services provided
by designated providers of services for which there is no third-party
coverage in whole or in part shall be eight and eighteen-hundredths
percent, provided, however, that for services provided on and after July
first, two thousand three the total percentage allowance shall be eight
and eighty-five hundredths percent, and further provided that for
services provided on and after January first, two thousand six, the
total percentage allowance shall be eight and ninety-five hundredths
percent, AND FURTHER PROVIDED THAT FOR SERVICES PROVIDED ON AND AFTER
JANUARY FIRST, TWO THOUSAND NINE, THE TOTAL PERCENTAGE ALLOWANCE SHALL
BE NINE AND SIXTY-THREE HUNDREDTHS PERCENT. This paragraph shall not
apply to patient deductibles and coinsurance amounts.
S 32. The opening paragraph of subdivision 1 and subdivision 3 of
section 367-s of the social services law, as amended by section 38 of
part C of chapter 58 of the laws of 2008, are amended to read as
follows:
Notwithstanding any provision of law to the contrary, a supplemental
medical assistance payment shall be made on an annual basis to providers
of emergency medical transportation services in an aggregate amount not
to exceed four million dollars for two thousand six, six million dollars
for two thousand seven and [six] THREE million dollars for two thousand
eight pursuant to the following methodology:
3. If all necessary approvals under federal law and regulation are not
obtained to receive federal financial participation in the payments
authorized by this section, payments under this section shall be made in
an aggregate amount not to exceed two million dollars for two thousand
six, three million dollars for two thousand seven and [three] ONE
million FIVE HUNDRED THOUSAND dollars for two thousand eight. In such
case, the multiplier set forth in paragraph (b) of subdivision one of
this section shall be deemed to be two million dollars [or], three
million dollars OR ONE MILLION FIVE HUNDRED THOUSAND DOLLARS as appli-
cable to the annual period.
S 33. Clause (A) of subparagraph (i) of paragraph (a) of subdivision
18 of section 2808 of the public health law, as amended by section 73-b
of part C of chapter 58 of the laws of 2008, is amended to read as
follows:
(A) fifty-three million five hundred thousand dollars on an annualized
basis for the period April first, two thousand two through December
thirty-first, two thousand two; eighty-three million three hundred thou-
sand dollars on an annualized basis for the period January first, two
thousand three through December thirty-first, two thousand three; one
hundred fifteen million eight hundred thousand dollars on an annualized
S. 249 35 A. 162
basis for the period January first, two thousand four through December
thirty-first, two thousand six; fifty-seven million nine hundred thou-
sand dollars for the period January first, two thousand seven through
June thirtieth, two thousand seven, fifty-seven million nine hundred
thousand dollars for the period July first, two thousand seven through
March thirty-first, two thousand eight, and [sixty-four] FIFTY-ONE
million [eight] SEVEN hundred thousand dollars for the period [April]
JANUARY first, two thousand [eight] NINE through March thirty-first, two
thousand nine and [twenty-six] THIRTEEN million [two] ONE hundred thou-
sand dollars for the period April first, two thousand nine through March
thirty-first, two thousand ten and each state fiscal year thereafter.
S 34. Paragraph (a) of subdivision 2 of section 364-j-2 of the social
services law, as amended by section 44-a of part C of chapter 58 of the
laws of 2008, is amended to read as follows:
(a) Notwithstanding paragraphs (b) and (h) of subdivision two of
section twenty-eight hundred seven of the public health law, the commis-
sioner of health shall make supplemental payments of nine million eight
hundred twenty-four thousand dollars ($9,824,000), to covered providers
described in subdivision one of this section who are qualified providers
as described in paragraph (a) of subdivision three of this section,
based on adjustments to fee-for-service rates for the period February
first through March thirty-first, two thousand two and nine million
eight hundred twenty-four thousand dollars ($9,824,000) for the period
October first through December thirty-first, two thousand two and four
million nine hundred twelve thousand dollars ($4,912,000) for the period
October first through December thirty-first, two thousand three and an
additional amount of four million nine hundred twelve thousand dollars
($4,912,000) for the period October first through December thirty-first,
two thousand three and nine million eight hundred twenty-four thousand
dollars ($9,824,000) for the period April first through June thirtieth,
two thousand five, and nine million eight hundred twenty-four thousand
dollars ($9,824,000) for the period October first through December thir-
ty-first, two thousand six, and an additional nine million eight hundred
twenty-four thousand dollars ($9,824,000) for the period October first
through December thirty-first, two thousand six, and nine million eight
hundred twenty-four thousand dollars ($9,824,000) for the period October
first through December thirty-first, two thousand seven, as medical
assistance payments for services provided pursuant to this title for
persons eligible for federal financial participation under title XIX of
the federal social security act to reflect additional costs associated
with the transition to a managed care environment, and [nine] FOUR
million [eight] NINE hundred [twenty-four] TWELVE thousand dollars
([$9,824,000] $4,912,000) for the period [October] DECEMBER first
through December thirty-first, two thousand eight, as medical assistance
payments for services provided pursuant to this title for persons eligi-
ble for federal financial participation under title XIX of the federal
social security act to reflect additional costs associated with the
operation of electronic health record systems that meet such standards
as may be established by the commissioner of health. There shall be no
local share in these payments. The director of the budget shall allocate
the non-federal share of such payments from an appropriation for the
miscellaneous special revenue fund - 339 community service provider
assistance program account for the two thousand one--two thousand two
state fiscal year for adjustments for the period February first through
March thirty-first, two thousand two. Adjustments for the period October
first, two thousand two through December thirty-first, two thousand two
S. 249 36 A. 162
shall be within amounts appropriated for the two thousand two--two thou-
sand three state fiscal year and adjustments for the period October
first, two thousand three through December thirty-first, two thousand
three shall be within amounts appropriated for the two thousand three--
two thousand four state fiscal year and adjustments for the non-federal
share of the additional amount of four million nine hundred twelve thou-
sand dollars ($4,912,000) for such period shall be allocated by the
director of the budget from an appropriation for maintenance undistrib-
uted general fund community projects fund - 007 account for the two
thousand three--two thousand four state fiscal year. The director of the
budget shall allocate the non-federal share of adjustments for the peri-
od April first, two thousand five through June thirtieth, two thousand
five from an appropriation for the maintenance undistributed general
fund community projects fund - 007 - cc account for the two thousand
four--two thousand five state fiscal year. The director of the budget
shall allocate the non-federal share of adjustments for the period Octo-
ber first, two thousand six through December thirty-first, two thousand
six from an appropriation for the maintenance undistributed, general
fund, community projects fund - 007-cc account for the two thousand
five--two thousand six state fiscal year. The director of the budget
shall allocate the non-federal share of the additional adjustments for
the period October first, two thousand six through December thirty-
first, two thousand six from such funds as may be made available from an
appropriation for the maintenance undistributed, general fund, community
projects fund - 007-cc account for the two thousand six--two thousand
seven state fiscal year. The director of the budget shall allocate the
non-federal share of the adjustments for the period October first, two
thousand seven through December thirty-first, two thousand seven from an
appropriation for the medical assistance program, general fund, local
assistance account - 001 for the two thousand seven--two thousand eight
state fiscal year. The director of the budget shall allocate the non-
federal share of the adjustments for the period [October] DECEMBER
first, two thousand eight through December thirty-first, two thousand
eight from an appropriation for the medical assistance program, general
fund, local assistance account - 001 for the two thousand eight--two
thousand nine state fiscal year. Such adjustments to fee for service
rates shall not be subject to subsequent adjustment or reconciliation.
Alternatively, such payments may be made as aggregate payments to eligi-
ble providers.
S 35. Paragraph (b) of subdivision 11 of section 3614 of the public
health law, as amended by section 27-a of part C of chapter 58 of the
laws of 2008, is amended to read as follows:
(b) The commissioner shall increase the medical assistance rates of
payment pursuant to this subdivision in an amount up to an aggregate of
sixteen million dollars for the period June first, two thousand six
through March thirty-first, two thousand seven, and sixteen million
dollars for the period April first, two thousand seven through March
thirty-first, two thousand eight, and [sixteen] EIGHT million dollars
for the period [April] JANUARY first, two thousand [eight] NINE through
March thirty-first, two thousand nine, provided however that if federal
financial participation is not available for rate adjustments pursuant
to this subdivision such aggregate amount shall not exceed eight million
dollars AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND NINE THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND NINE SHALL NOT EXCEED FOUR MILLION
DOLLARS, and provided, further, however, that for purposes of long term
home health care programs, such payments provided pursuant to this
S. 249 37 A. 162
subdivision shall be treated as supplemental payments and shall not
effect any current cost cap requirement.
S 36. Subdivision 6-a of section 93 of part C of chapter 58 of the
laws of 2007 amending the social services law and the public health law
relating to adjustments of rates, is amended to read as follows:
6-a. section fifty-seven of this act shall expire and be deemed
repealed on [March] DECEMBER 31, [2010] 2013; provided that THE AMEND-
MENTS MADE BY such section TO SUBDIVISION 4 OF SECTION 366-C OF THE
SOCIAL SERVICES LAW SHALL APPLY WITH RESPECT TO DETERMINING INITIAL AND
CONTINUING ELIGIBILITY FOR MEDICAL ASSISTANCE, INCLUDING THE CONTINUED
ELIGIBILITY OF RECIPIENTS ORIGINALLY DETERMINED ELIGIBLE PRIOR TO THE
EFFECTIVE DATE OF THIS ACT, AND PROVIDED FURTHER THAT SUCH AMENDMENTS
shall not apply to any person [as to whom] OR GROUP OF PERSONS IF IT IS
SUBSEQUENTLY DETERMINED BY THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES OR BY A COURT OF COMPETENT JURISDICTION THAT MEDICAL ASSISTANCE
WITH federal financial participation is available for the costs of
services provided TO SUCH PERSON OR PERSONS under the provisions of
subdivision 4 of section 366-c of the social services law in effect
immediately prior to the effective date of this act.
S 37. Subdivision (m-1) of section 79 of part C of chapter 58 of the
laws of 2008 amending the social services law and the public health law
relating to adjustments of rates, is amended to read as follows:
(m-1) THE AMENDMENTS MADE BY section fifty-two of this act TO SUBDIVI-
SION 4 OF SECTION 366-C OF THE SOCIAL SERVICES LAW shall [not] apply
WITH RESPECT TO DETERMINING INITIAL AND CONTINUING ELIGIBILITY FOR
MEDICAL ASSISTANCE, INCLUDING THE CONTINUED ELIGIBILITY OF RECIPIENTS
ORIGINALLY DETERMINED ELIGIBLE PRIOR TO THE EFFECTIVE DATE OF THIS ACT;
AND PROVIDED FURTHER THAT SUCH AMENDMENTS SHALL NOT APPLY to any person
[as to whom] OR GROUP OF PERSONS IF IT IS SUBSEQUENTLY DETERMINED BY THE
CENTERS OF MEDICARE AND MEDICAID SERVICES OR BY A COURT COMPETENT JURIS-
DICTION THAT MEDICAL ASSISTANCE WITH federal financial participation is
available for the costs of services provided TO SUCH PERSON OR PERSONS
under the provisions of subdivision 4 of section 366-c of the social
services law in effect immediately prior to the effective date of this
act;
S 38. The closing paragraph of subdivision 4 of section 366-c of the
social services law amending the social services law and the public
health law relating to adjustments of rates, as amended by section 52 of
part C of chapter 58 of the laws of 2008, is amended to read as follows:
provided, however, that, to the extent required by federal law, the
terms of this subdivision shall not apply to persons who are receiving
care, services and supplies pursuant to the following waivers under
section 1915(c) of the federal social security act: the nursing facility
transition and diversion waiver authorized pursuant to subdivision six-a
of section three hundred sixty-six of this title; [and] the traumatic
brain injury waiver authorized pursuant to section twenty-seven hundred
forty of the public health law; THE LONG TERM HOME HEALTH CARE PROGRAM
WAIVER AUTHORIZED PURSUANT TO SECTION THREE HUNDRED SIXTY-SEVEN-C OF
THIS TITLE; AND THE HOME AND COMMUNITY BASED SERVICES WAIVER AUTHORIZED
PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY-SIX OF THIS
TITLE.
S 39. Notwithstanding any inconsistent provision of law, rule or regu-
lation, the effectiveness of subdivisions 4, 7, 7-a and 7-b of section
2807 of the public health law and section 18 of chapter 2 of the laws of
1988, as they relate to time frames for notice, approval or certif-
ication of rates of payment, are hereby suspended and shall, for
S. 249 38 A. 162
purposes of implementing the provisions of this act, be deemed to have
been without any force or effect from and after November 1, 2008 for
such rates effective for the period December 1, 2008 through December
31, 2009.
S 40. This act shall take effect immediately; provided that section
one of this act shall take effect May 1, 2009; provided further that
sections two and three of this act shall take effect March 1, 2009;
provided further that amendments to subdivision 12 of section 272 of the
public health law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; provided
further that the amendments to the opening paragraph of subdivision 7 of
section 3614 of the public health law made by section twelve of this act
shall not affect the expiration of such paragraph and shall expire and
be deemed repealed therewith; provided further that the amendments to
section 2807-s of the public health law made by sections fifteen and
twenty-nine of this act shall not affect the expiration of such section
and shall expire therewith; provided further that the amendments to
section 2807-j of the public health law made by section thirty-one of
this act shall not affect the expiration of such section and shall
expire therewith; provided further that the amendments to the closing
paragraph of subdivision 4 of section 366-c of the social services law,
made by section thirty-eight of this act, shall not affect the expira-
tion and repeal of such subdivision, and shall expire and be deemed
repealed therewith; provided, further, that the amendments to the clos-
ing paragraph of subdivision 4 of section 366-c of the social services
law made by section thirty-eight of this act shall apply with respect to
determining initial and continuing eligibility for medical assistance,
including the continued eligibility of recipients originally determined
eligible prior to the effective date of this act; and provided further
that such changes shall not apply to any person or group of persons if
it is subsequently determined by the Centers for Medicare and Medicaid
services or a court of competent jurisdiction that medical assistance
with federal financial participation is available for the cost of
services provided to such person or persons under the provisions of
subdivision 4 of section 366-c of the social services law in effect
immediately prior to the effective date of this act.
PART H
Section 1. Notwithstanding any law to the contrary, the banking
department shall finance the annual expenses related to its activities
and operations through assessments on all regulated entities of the
department. The total value of the annual assessment will be equal to
the total value of the department's enacted appropriations. In such
instances where the total value of the annual industry assessment
exceeds the actual annual expenses of the department's operations and
activities, in accordance with section 4 of the state finance law, the
comptroller is hereby authorized and directed to transfer, at the
request of the director of the budget, up to $6 million from the unen-
cumbered balance of the banking department account (339.A5) to the
general fund in state fiscal year 2008-09.
S 2. Subdivision 1 of section 17 of the banking law, as amended by
section 2 of part O of chapter 59 of the laws of 2006, is amended to
read as follows:
1. [All expenses,] FOR PURPOSES OF THIS SECTION ALL EXPENSES OF THE
DEPARTMENT SHALL INCLUDE ALL APPROPRIATIONS WHETHER ADMINISTERED BY THE
S. 249 39 A. 162
DEPARTMENT OR SUBALLOCATED TO ANOTHER STATE DEPARTMENT BOARD OR AGENCY
including the compensation of officers and employees of the department,
incurred in and about the conduct of the business of the department,
except expenses incurred in the liquidation of banking organizations,
including compensation of officers and employees engaged primarily in
such liquidation, shall be paid out of the state treasury on the certif-
icate of the superintendent [upon the audit and warrant of the comp-
troller]. The state treasury shall be reimbursed by payments thereto by
the superintendent of fees and assessments collected by him or her in
accordance with this section.
S 3. This act shall take effect immediately.
PART I
Section 1. Notwithstanding any law to the contrary, the insurance
department shall finance the annual expenses related to its activities
and operations through assessments on all regulated entities of the
department. The total value of the annual assessment will be equal to
the total value of the department's enacted appropriations. In such
instances where the total value of the annual industry assessment
exceeds the actual annual expenses of the department's operations and
activities, in accordance with section 4 of the state finance law, the
comptroller is hereby authorized and directed to transfer, at the
request of the director of the budget, up to $4.5 million from the unen-
cumbered balance of the insurance department account (339.B6) to the
general fund in state fiscal year 2008-09.
S 2. This act shall take effect immediately.
PART J
Section 1. Section 64 of the executive law is amended to read as
follows:
S 64. Costs recovered. Costs recovered by the attorney-general may be
applied by him in payment of the expenses incurred by him in the action
or proceeding in which they are received, or of any expenditure which he
is authorized to incur not otherwise provided for. He shall, at the
close of each fiscal year, render to the comptroller an account of such
costs received, with vouchers of such expenditures. DURING THE FISCAL
YEAR, THE COMPTROLLER IS AUTHORIZED TO TRANSFER ANY AMOUNT AVAILABLE
WITHIN THE ACCOUNT DEDICATED FOR THIS PURPOSE TO THE GENERAL FUND, UPON
THE REQUEST OF THE DIRECTOR OF THE BUDGET. IN THE EVENT INSUFFICIENT
CASH REMAINS IN SUCH ACCOUNT TO MEET EXPENDITURES AGAINST AVAILABLE
APPROPRIATIONS FROM SUCH ACCOUNT, THE COMPTROLLER IS AUTHORIZED TO
TRANSFER THE AMOUNTS NECESSARY TO MEET SUCH EXPENDITURES FROM THE GENER-
AL FUND; PROVIDED HOWEVER THAT IN NO EVENT SHALL THE CUMULATIVE VALUE OF
ANY SUCH TRANSFERS FROM THE GENERAL FUND MADE TO SUCH ACCOUNT WITHIN A
SINGLE FISCAL YEAR EXCEED TEN PERCENT OF THE VALUE OF THE APPROPRIATIONS
MADE IN SUCH FISCAL YEAR FROM SUCH ACCOUNT OR THE CUMULATIVE BALANCE OF
TRANSFERS FROM THE ACCOUNT TO THE GENERAL FUND. THE COMPTROLLER SHALL
ESTABLISH SUCH ACCOUNTS AND RECORDS AS ARE NECESSARY TO PROVIDE AN ACCU-
RATE ACCOUNTING AND REPORTING OF THE TRANSFERS TO OR FROM THE GENERAL
FUND.
S 2. This act shall take effect immediately.
PART K
S. 249 40 A. 162
Section 1. Subparagraph 4 of paragraph (h) of subdivision 8 of section
15 of the workers' compensation law, as amended by chapter 139 of the
laws of 2008, is amended to read as follows:
(4) As soon as practicable after May first in the year nineteen
hundred fifty-eight, and annually thereafter as soon as practicable
after January first in each succeeding year, the chair of the board
shall assess upon and collect from all self-insurers, except group self-
insurers, the state insurance fund, all insurance carriers and group
self-insurers, (A) a sum equal to one hundred fifty per centum of the
total disbursements made from the special disability fund during the
preceding calendar year (not including any disbursements made on account
of anticipated liabilities or waiver agreements funded by bond proceeds
and related earnings), less the amount of the net assets in such fund as
of December thirty-first of said preceding calendar year, and (B) a sum
sufficient to cover debt service, and associated costs (the "debt
service assessment") to be paid during the calendar year by the dormito-
ry authority, as calculated in accordance with subparagraph five of this
paragraph. Such assessments shall be allocated to (i) self-insurers
except group self-insurers and the state insurance fund based upon the
proportion that the total compensation payments made by all self-insur-
ers except group self-insurers and the state insurance fund bore to the
total compensation payments made by all self-insurers except group self-
insurers, the state insurance fund, all insurance carriers and group
self-insurers, (ii) insurance carriers based upon the proportion that
the total compensation payments made by all insurance carriers bore to
the total compensation payments by all self-insurers except group self-
insurers, the state insurance fund and all insurance carriers and group
self-insurers during the fiscal year which ended within said preceding
calendar year, and (iii) group self-insurers based upon the proportion
that the total compensation payments made by all group self-insurers
bore to the total compensation payments made by all self-insurers, the
state insurance fund and all insurance carriers during the fiscal year
which ended within said preceding calendar year. Insurance carriers and
self-insurers shall be liable for all such assessments regardless of the
date on which they came into existence, or whether they have made any
claim for reimbursement from the special disability fund. The portion of
such sum allocated to self-insurers except group self-insurers and the
state insurance fund that shall be collected from each self-insurer
except a group self-insurer and the state insurance fund shall be a sum
equal to the proportion of the amount which the total compensation
payments of each such self-insurer except a group self-insurer or the
state insurance fund bore to the total compensation payments made by all
self-insurers except group self-insurers and the state insurance fund
during the fiscal year which ended within said preceding calendar year.
The portion of such sum allocated to insurance carriers that shall be
collected from each insurance carrier shall be a sum equal to that
proportion of the amount which the total [premiums written] STANDARD
PREMIUM by each such insurance carrier bore to the total [written premi-
ums] STANDARD PREMIUM reported by all insurance carriers during the
[fiscal] CALENDAR year which ended within said preceding [calendar]
FISCAL year. The portion of such sum allocated to group self-insurers
that shall be collected from each group self-insurer shall be a sum
equal to that proportion of the amount which the pure premium calcu-
lation for each such group self-insurer bore to the total pure premium
calculation for all group self-insurers for the calendar year which
ended within the preceding state fiscal year. The payments from the debt
S. 249 41 A. 162
service assessment, unless otherwise set forth in the special disability
fund financing agreement, are hereby pledged therefor and shall be
deemed the first monies received on account of assessments in each year.
For the purposes of this paragraph, ["direct premiums written" means
gross premiums, including policy and membership fees, less return premi-
ums and premiums on policies not taken] "STANDARD PREMIUM" SHALL MEAN
THE PREMIUM AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPER-
INTENDENT OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD AND
THE WORKERS' COMPENSATION RATING BOARD. For purposes of this paragraph
"pure premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding year by class code for each
employer member of a group self-insurer multiplied by the applicable
loss cost for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the preceding year,
and for a group or individual self-insurer who has ceased to self-insure
shall be based on payroll at the time the group or individual self-in-
surer ceased to self-insure reduced by a factor reflecting the reduction
in the group or individual self-insurer's self-insurance liabilities
since ceasing to self-insure. An employer who has ceased to be a self-
insurer or a group that ceases to be licensed as a group self-insurer
shall continue to be liable for any assessments into said fund on
account of any compensation payments made by him or her on his or her
account during such fiscal year, and the security fund, created under
the provisions of section one hundred seven of this chapter, shall, in
the event of the insolvency of any insurance company, be liable for any
assessments that would have been made against such company except for
its insolvency. No assessment shall be payable from the aggregate trust
fund, created under the provisions of section twenty-seven of this arti-
cle, but such fund shall continue to be liable for all compensation that
shall be payable under any award or order of the board, the commuted
value of which has been paid into such fund. Such assessments when
collected shall be deposited with the commissioner of taxation and
finance for the benefit of such fund. Unless otherwise provided, such
assessments, shall not constitute an element of loss for the purpose of
establishing rates for compensation insurance but shall for the purpose
of collection be treated as separate costs by carriers. All insurance
carriers and the state insurance fund, shall collect such assessments,
from their policyholders through a surcharge based on premiums in
accordance with rules set forth by THE SUPERINTENDENT OF INSURANCE IN
CONSULTATION WITH the New York workers' compensation rating board[, as
approved by the superintendent of insurance] AND THE CHAIR OF THE BOARD.
Such surcharge shall be considered as part of premium for purposes
prescribed by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to section nine-
ty-nine of this chapter and section three hundred seven of the insurance
law, determining the limitation of expenditures for the administration
of the state insurance fund pursuant to section eighty-eight of this
chapter and the cancellation by an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium. The
provisions of this paragraph shall not apply with respect to policies
containing coverage pursuant to subsection (j) of section three thousand
four hundred twenty of the insurance law relating to every policy
providing comprehensive personal liability insurance on a one, two,
three or four family owner-occupied dwelling. The state insurance fund
shall, notify its insureds that such assessments, shall be, for the
purpose of recoupment, treated as separate costs, respectively for the
S. 249 42 A. 162
purpose of premiums billed on or after October first, nineteen hundred
ninety-four.
For the purposes of this paragraph, except as otherwise provided: the
term "insurance carrier" shall include only stock corporations, mutual
corporations and reciprocal insurers authorized to transact the business
of workers' compensation insurance in this state; the term "self-insur-
er" shall include any employer or group of employers permitted to pay
compensation directly under the provisions of subdivision three, three-a
or four of section fifty of this chapter[;].
THE BOARD IS HEREBY AUTHORIZED TO ISSUE CREDITS OR REFUNDS AS NECES-
SARY, IN THE CASE OF OVERPAYMENTS MADE TO THE FUND. AN INSURANCE CARRIER
THAT KNOWINGLY UNDERREPORTS PREMIUMS FOR THE PURPOSES OF THIS SECTION
SHALL BE GUILTY OF A CLASS E FELONY.
S 2. Paragraph (b) of subdivision 2 of section 151 of the workers'
compensation law, as amended by chapter 6 of the laws of 2007, the open-
ing paragraph as amended by chapter 139 of the laws of 2008, is amended
to read as follows:
(b) An itemized statement of the expenses so ascertained shall be open
to public inspection in the office of the board for thirty days after
notice to the state insurance fund, all insurance carriers and all self-
insurers including group self-insurers affected thereby, before the
board shall make an assessment for such expenses. The chair shall assess
upon and collect a proportion of such expenses as hereinafter provided
from each insurance carrier, the state insurance fund and each self-in-
surer including group self-insurers. The assessment for such expenses
shall be allocated to (i) self-insurers except group self-insurers and
the state insurance fund based upon the proportion that the total
compensation payments made by all self-insurers except group self-insur-
ers and the state insurance fund in such year bore to the total compen-
sation payments made by all self-insurers except group self-insurers,
the state insurance fund, all insurance carriers and group self-insurers
and (ii) insurance carriers based upon the proportion that the total
compensation payments made by all insurance carriers in such year bore
to the total compensation payments by all self-insurers, the state
insurance fund and all insurance carriers [during the fiscal year which
ended within said preceding calendar year], and (iii) group self-insur-
ers based upon the proportion that the total compensation payments made
by all group self-insurers IN SUCH YEAR bore to the total compensation
payments made by all self-insurers, the state insurance fund and all
insurance carriers [during the fiscal year which ended within said
preceding calendar year]. The portion of the assessment for such
expenses allocated to self-insurers except group self-insurers and the
state insurance fund that shall be collected from each self-insurer
except group self-insurers and the state insurance fund shall be a sum
equal to the proportion of the amount which the total compensation
payments of each such self-insurer except a group self-insurer or the
state insurance fund in such year bore to the total compensation
payments made by all self-insurers except group self-insurers and the
state insurance fund. The portion of the assessment for such expenses
allocated to insurance carriers that shall be collected from each such
insurance carrier shall be a sum equal to that proportion of the amount
which the total [premiums written] STANDARD PREMIUM by each such insur-
ance carrier [in such year] bore to the total [written premiums] STAND-
ARD PREMIUM reported by all insurance carriers FOR THE CALENDAR YEAR
WHICH ENDED WITH THE STATE FISCAL YEAR. The portion of such sum allo-
cated to group self-insurers that shall be collected from each group
S. 249 43 A. 162
self-insurer shall be a sum equal to that proportion of the amount which
the pure premium calculation for each such group self-insurer bore to
the total pure premium calculation for all group self-insurers for the
calendar year which ended within the [preceding] state fiscal year. The
amounts so secured shall be used for the payment of the expenses of
administering this chapter. Pure premium for assessments against indi-
vidual and group self-insurers who ceased to self-insure shall be based
on payroll at the time the individual or group self-insurer has ceased
to self-insure, reduced by a factor reflecting the reduction in the
group or individual self-insurer's self-insurance liabilities since
ceasing to self-insure.
For purposes of this paragraph, ["direct premiums written" means gross
premiums, including policy and membership fees, less return premiums and
premiums on policies not taken] "STANDARD PREMIUM" SHALL MEAN THE PREMI-
UM AS DEFINED FOR THE PURPOSES OF THIS ASSESSMENT BY THE SUPERINTENDENT
OF INSURANCE, IN CONSULTATION WITH THE CHAIR OF THE BOARD AND THE WORK-
ERS' COMPENSATION RATING BOARD. For purposes of this paragraph "pure
premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding year by class code for each
employer member of a group self-insurer multiplied by the applicable
rate for each class code as determined by the workers' compensation
rating board in effect on December thirty-first of the preceding year.
The amounts so secured shall be used for the payment of the expenses of
administering this chapter.
For the purposes of this paragraph, the term "insurance carrier" shall
include only stock corporations, mutual corporations and reciprocal
insurers authorized to transact the business of workers' compensation
insurance in this state and the term "self-insurer" shall include any
employer or group of employers permitted to pay compensation directly
under the provisions of subdivision three, three-a or four of section
fifty of this chapter.
S 3. (a) For purposes of this section, "insurance carrier," and "work-
ers' compensation rating board" shall have the meaning set forth in
section 2 of the workers' compensation law, and "affected insurance
carrier" shall mean any insurance carrier that has, prior to the effec-
tive date of this section: (1) paid to the workers' compensation board
for any year an amount directed by the workers' compensation board under
subdivision 8 of section 15, subdivision 3 of section 25 or section 151
of the workers' compensation law that was less than the amount collected
from its insured employers in that year, in accordance with a calcu-
lation provided by the workers' compensation rating board, (2) has iden-
tified any funds collected but not paid to the workers' compensation
board, as measurable and available, as of November 1, 2008.
(b) Any affected insurance carrier shall notify the chair of the work-
ers' compensation board, within thirty days of the effective date of
this subdivision, of the amount of funds it has held as measurable and
available under subdivision (a) of this section. The chair of the work-
ers' compensation board may, at any time within one hundred twenty days
of the effective date of this subdivision, or at any time thereafter if
the insurance carrier has not provided the notification required by this
section, direct an affected insurance carrier to pay such funds to the
board within thirty days if they are attributable to assessments in
fiscal year 2006 or before, and as soon as practicable thereafter if
they are attributable to subsequent assessments. Such funds shall be
credited to the workers' compensation account and shall be reserved in
the first instance for expenditure pursuant to a multi-year plan,
S. 249 44 A. 162
prepared by the chair, to improve the quality, timeliness and fairness
of services performed by the board, including any services funded by
assessments under the workers' compensation law. Such plan must be
approved by the director of the budget, and expenditures pursuant to
such plan may equal up to ten percent of the 2008-09 appropriations made
to the workers' compensation board, excluding contingency appropri-
ations. As a part of such plan, the chair of the workers' compensation
board may recommend suballocations of the funds credited to the workers'
compensation account under this subdivision to the department of labor
for any other purposes funded by assessments made under the workers'
compensation law, or for the implementation of chapter 6 of the laws of
2007, including for implementation of section 134 and subdivision 1 of
section 35 of the workers' compensation law. Such suballocations shall
be included within the total allowable expenditures under the plan and
must also be approved by the director of the budget. Any amounts avail-
able in any fiscal year after deducting amounts reflecting expenditures
to be made by the workers' compensation board for that fiscal year under
the plan provided for by this section shall be transferred by the comp-
troller to the general fund, at the request of the director of the budg-
et.
(c) Any affected insurance carrier that makes payments to the workers'
compensation board in accordance with this section shall not be subject
to any civil or criminal liability for damages arising out of the
collection or maintenance of any such funds under subdivision 8 of
section 15, subdivision 3 of section 25-a or section 151 of the workers'
compensation law. Nothing in this section shall be deemed to impose any
civil or criminal liability on any other entity, including any insurance
carrier, the workers' compensation board, or the state of New York.
S 4. This act shall take effect immediately, provided that sections
one and two of this act shall take effect on January 1, 2010.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through K of this act shall be
as specifically set forth in the last section of such Parts.