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

                                  6321

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 30, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the public health law, the civil practice law and  rules
  and  the  education  law, in relation to establishing the Sorry Works!
  demonstration program; making an appropriation therefor and  providing
  for the repeal of such provisions upon expiration thereof

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

  Section 1. Article 29-D of the public health law is amended by  adding
a new title 4 to read as follows:
                                 TITLE 4
                   SORRY WORKS! DEMONSTRATION PROGRAM
SECTION 2999-G. SORRY WORKS! DEMONSTRATION PROGRAM.
        2999-H. COMMISSIONER'S  SORRY WORKS! DEMONSTRATION PROGRAM WORK-
                  GROUP.
        2999-I. SORRY WORKS! DEMONSTRATION PROGRAM GRANTS.
        2999-J. SORRY WORKS! DEMONSTRATION PROGRAM REPORT.
  S 2999-G. SORRY WORKS! DEMONSTRATION PROGRAM. 1. THE COMMISSIONER,  IN
CONSULTATION  WITH  THE  SUPERINTENDENT  OF INSURANCE, IS AUTHORIZED AND
DIRECTED TO CONDUCT A SORRY WORKS! DEMONSTRATION PROGRAM, WITHIN AMOUNTS
APPROPRIATED, AT A MINIMUM OF TWO SITES LOCATED  WITHIN  THE  GEOGRAPHIC
CONFINES OF THE NORTHERN REGION AND THE CENTRAL REGION OF THE STATE, ONE
OF  THE  DEMONSTRATION  SITES SHALL BE LOCATED IN A PRIMARILY RURAL AREA
AND ONE SHALL BE LOCATED IN A PRIMARILY URBAN AREA, AS  DEFINED  BY  THE
COMMISSIONER,  FOR  THE  PURPOSE  OF  DETERMINING  WHETHER PARTICIPATING
HOSPITALS, PHYSICIANS, AND OTHER HEALTH CARE PROVIDERS WHO  ARE  MEMBERS
OF  THE  MEDICAL  STAFF WHO, WHEN AN UNANTICIPATED OUTCOME HAS OCCURRED,
APOLOGIZE AND IN CASES WHERE THE STANDARD OF PATIENT CARE WAS  VIOLATED,
PROMPTLY  ACKNOWLEDGE THE MISTAKE AND OFFER A PROMPT SETTLEMENT, EXPERI-
ENCE A REDUCTION IN THEIR TOTAL COSTS FOR MEDICAL MALPRACTICE  VERDICTS,
SETTLEMENTS,  AND DEFENSE LITIGATION COSTS.  FOR PURPOSES OF THIS SUBDI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15118-01-9
              

S. 6321                             2

VISION, THE TERM "NORTHERN REGION" SHALL  CONSIST  OF  THE  COUNTIES  OF
ALBANY,  CLINTON,  COLUMBIA,  ESSEX, FRANKLIN, FULTON, GREENE, HAMILTON,
MONTGOMERY, OTSEGO, RENSSELAER, SARATOGA, SCHENECTADY, SCHOHARIE, WARREN
AND WASHINGTON, AND THE TERM "CENTRAL REGION" SHALL CONSIST OF THE COUN-
TIES  OF  BROOME, CAYUGA, CHEMUNG, CHENANGO, CORTLAND, HERKIMER, JEFFER-
SON, LEWIS, LIVINGSTON,  MADISON,  MONROE,  ONEIDA,  ONONDAGA,  ONTARIO,
OSWEGO, SCHUYLER, SENECA, ST.  LAWRENCE, STEUBEN, TIOGA, TOMPKINS, WAYNE
AND YATES.
  2.  UNDER  THE  DEMONSTRATION PROGRAM, PARTICIPATING HOSPITALS, WITHIN
FORTY-FIVE DAYS OF THE UNANTICIPATED OUTCOME OF THE PROVISION OF  HEALTH
CARE  SERVICES,  AFTER  CONDUCTING A ROOT CAUSE ANALYSIS OF THE UNANTIC-
IPATED OUTCOME, SHALL IN CASES WHERE THE STANDARD OF CARE  IS  FOUND  TO
HAVE BEEN VIOLATED, ACKNOWLEDGE AND EXPLAIN THE NATURE OF THE FAILURE IN
CARE,  APOLOGIZE  FOR THE MISTAKE, EXPLAIN THE EFFORTS THE HOSPITAL WILL
TAKE TO ASSURE THAT SUCH A FAILURE DOES NOT REOCCUR AND PROMPTLY OFFER A
FAIR SETTLEMENT. IF A SETTLEMENT IS  ACCEPTED,  ALL  FURTHER  LITIGATION
WITH  RESPECT  TO THE MISTAKE SHALL BE PROHIBITED.  PARTICIPATING HOSPI-
TALS SHALL PROVIDE TO THE PATIENT WRITTEN NOTIFICATION OF THE  RIGHT  TO
COUNSEL AND SHALL ENCOURAGE PATIENTS AND THEIR FAMILIES TO EXERCISE THIS
RIGHT. THE NOTIFICATION SHALL FURTHER INCLUDE AN AFFIRMATIVE DECLARATION
THAT  NO  ACTION  WAS TAKEN TO DISSUADE A PATIENT FROM UTILIZING COUNSEL
DURING THE NEGOTIATIONS, PROVIDED, HOWEVER, THAT ANY CASE  FOR  WHICH  A
CLAIM  OF  MEDICAL  MALPRACTICE OR NOTICE OF CLAIM TO COMMENCE A MEDICAL
MALPRACTICE ACTION IS FILED SHALL NOT BE ELIGIBLE FOR ADJUDICATION UNDER
THIS TITLE.
  3. NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  ANY  COLLATERAL  SOURCE
PAYER  WHO  HAS  MADE PAYMENT FOR THE COST OF MEDICAL CARE, DENTAL CARE,
PODIATRIC CARE, CUSTODIAL CARE, REHABILITATION SERVICES, LOSS  OF  EARN-
INGS  OR  OTHER  ECONOMIC  LOSS  TO  OR  ON  BEHALF OF A PATIENT WHO HAS
RECEIVED A SETTLEMENT FROM A HOSPITAL PARTICIPATING IN THE SORRY  WORKS!
DEMONSTRATION  PROGRAM  ESTABLISHED  PURSUANT TO THIS TITLE MAY NOT SEEK
REIMBURSEMENT FROM THE INDIVIDUAL BASED  ON  THEIR  RECEIPT  OF  SUCH  A
SETTLEMENT.
  4.  NOTWITHSTANDING SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW
OR ANY OTHER LAW TO THE CONTRARY, ANY SETTLEMENT OFFER MADE TO A PATIENT
AND ACCEPTED BY THE PATIENT AS A RESULT OF AN UNANTICIPATED OUTCOME BY A
HOSPITAL PARTICIPATING IN THE SORRY WORKS! DEMONSTRATION PROGRAM  ESTAB-
LISHED PURSUANT TO THIS TITLE SHALL NOT CONSTITUTE A REPORTABLE CLAIM.
  5.  PURSUANT  TO  SECTION  FORTY-FIVE  HUNDRED FORTY-NINE OF THE CIVIL
PRACTICE LAW AND RULES, ANY STATEMENT  OR  AFFIRMATION  RELATING  TO  AN
EXPLANATION, APOLOGY AND OFFER OF SETTLEMENT MADE WITHIN THE TIME PERIOD
PROVIDED  FOR IN SUBDIVISION ONE OF THIS SECTION SHALL NOT BE DISCOVERA-
BLE OR ADMISSIBLE IN ANY CIVIL OR ADMINISTRATIVE PROCEEDING.    EVIDENCE
OR INFORMATION THAT IS OTHERWISE ADMISSIBLE OR SUBJECT TO DISCOVERY DOES
NOT  BECOME INADMISSIBLE OR PROTECTED FROM DISCOVERY SOLELY BY REASON OF
ITS DISCLOSURE OR USE IN NEGOTIATIONS PURSUANT TO THIS PROGRAM.
  6. PARTICIPATION IN THE SORRY WORKS! DEMONSTRATION PROGRAM SHALL  TOLL
THE  APPLICABLE  STATUTE OF LIMITATIONS IN CASES WHERE SUCH NEGOTIATIONS
ARE UNSUCCESSFUL. THE COMMISSIONER WITH THE ADVICE AND  THE  RECOMMENDA-
TION  OF  THE  WORKGROUP CREATED PURSUANT TO SECTION TWENTY-NINE HUNDRED
NINETY-NINE-H OF THIS TITLE SHALL ESTABLISH GUIDELINES  FOR  DETERMINING
WHEN  NEGOTIATIONS  UNDER  THE SORRY WORKS!  DEMONSTRATION PROGRAM BEGIN
AND END FOR THE PURPOSE OF TOLLING THE STATUTE.
  7. PARTICIPATION BY A  HOSPITAL  IN  THE  SORRY  WORKS!  DEMONSTRATION
PROGRAM  SHALL  BE ON A VOLUNTARY BASIS. A PROGRAM PARTICIPANT MAY WITH-
DRAW FROM THE PROGRAM BY NOTIFYING THE  COMMISSIONER.  ANY  MISTAKES  IN

S. 6321                             3

PATIENT  CARE  THAT  RESULT  IN  HARM THAT OCCURRED PRIOR TO THE PROGRAM
PARTICIPANT NOTIFYING THE COMMISSIONER OF THE  PARTICIPANT'S  WITHDRAWAL
FROM  THE  PROGRAM  SHALL  CONTINUE  TO  BE  SUBJECT TO THE TERMS OF THE
PROGRAM.
  8.  A  HOSPITAL  APPLYING  TO  PARTICIPATE IN THE SORRY WORKS!  DEMON-
STRATION PROGRAM SHALL:
  (A) NOTIFY THE COMMISSIONER IN WRITING OF ITS REQUEST TO  PARTICIPATE;
SUCH  NOTIFICATION SHALL INCLUDE DOCUMENTATION OF AN AFFIRMATIVE VOTE BY
THE MEDICAL STAFF OF ITS CONCURRENCE WITH THE ELECTION OF  THE  HOSPITAL
ADMINISTRATION TO PARTICIPATE;
  (B)  INDEPENDENTLY  OR  IN CONJUNCTION WITH OTHER PROGRAM PARTICIPANTS
ADOPT A FORMAL TRAINING PROGRAM,  ACCEPTABLE  TO  THE  COMMISSIONER,  TO
TRAIN ITS STAFF ON THE PROGRAM PARAMETERS AND PROTOCOLS, AND ON SUCCESS-
FUL COMMUNICATION STRATEGIES IN AN EFFORT TO IMPROVE THE LIKELIHOOD OF A
SUCCESSFUL PROGRAM; AND
  (C)  PROVIDE  THE COMMISSIONER WITH DATA REGARDING ITS TOTAL COSTS FOR
MEDICAL MALPRACTICE VERDICTS, SETTLEMENTS, AND DEFENSE LITIGATION  COSTS
FOR  THE  FIRST YEAR OF THE PARTICIPATION IN THE PROGRAM, FOR THE ENTIRE
PERIOD OF TIME OF PARTICIPATION IN THE PROGRAM, AND FOR A PERIOD OF FIVE
YEARS PRIOR TO PARTICIPATION IN THE PROGRAM TO ENABLE  THE  COMMISSIONER
TO  DETERMINE AVERAGE COSTS FOR THE HOSPITAL DURING THAT FIVE-YEAR PERI-
OD. PROGRAM PARTICIPANTS SHALL ALSO  PROVIDE  TO  THE  COMMISSIONER  ANY
ADDITIONAL NON-PATIENT SPECIFIC INFORMATION REQUIRED BY THE COMMISSIONER
IN ORDER TO EVALUATE THE EFFECTIVENESS OF THE SORRY WORKS! DEMONSTRATION
PROGRAM.
  9.  THE  COMMISSIONER  SHALL  APPROVE THE SORRY WORKS!   DEMONSTRATION
PROGRAM SITES BASED ON AN ASSESSMENT OF THE REQUESTING HOSPITAL'S ABILI-
TY TO EFFECTUATE THE GOALS OF THE PROGRAM.
  10. WITHIN ONE HUNDRED TWENTY DAYS OF THE COMPLETION OF THE FIRST YEAR
OF THE  SORRY  WORKS!  DEMONSTRATION  PROGRAM,  THE  COMMISSIONER  SHALL
COMPLETE AN ANALYSIS, ON A FACILITY SPECIFIC BASIS, OF THE PARTICIPATING
HOSPITALS'  TOTAL  COSTS  FOR MEDICAL MALPRACTICE VERDICTS, SETTLEMENTS,
AND DEFENSE LITIGATION COSTS FOR THE  FIRST  YEAR  OF  THE  PROGRAM,  AS
COMPARED  TO THEIR AVERAGE COSTS OVER THE FIVE YEAR PERIOD PRECEDING THE
FIRST YEAR OF THE PROGRAM.
  S 2999-H. COMMISSIONER'S SORRY WORKS! DEMONSTRATION PROGRAM WORKGROUP.
1. THE COMMISSIONER SHALL, WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE  DATE
OF  THIS  TITLE,  CONVENE AND CHAIR DIRECTLY OR INDIRECTLY, A WORKGROUP,
INCLUDING, BUT NOT LIMITED TO, STAFF OF THE DEPARTMENT OF INSURANCE WITH
EXPERTISE IN MEDICAL MALPRACTICE LIABILITY INSURANCE DESIGNATED  BY  THE
SUPERINTENDENT  OF  INSURANCE,  AND  REPRESENTATIVES  OF:  STATEWIDE AND
REGIONAL  ASSOCIATIONS  REPRESENTING  HOSPITALS,  PHYSICIANS  AND  OTHER
HEALTH  CARE  PROVIDERS  THAT  ARE  HOSPITAL  MEDICAL STAFF MEMBERS; THE
PLAINTIFFS AND DEFENSE BAR WITH EXPERTISE IN  MEDICAL  MALPRACTICE;  NEW
YORK  STATE  ADMITTED  MEDICAL MALPRACTICE LIABILITY INSURANCE CARRIERS;
AND CONSUMER AND PATIENT ADVOCACY GROUPS WITH EXPERTISE IN MEDICAL MALP-
RACTICE INSURANCE AND PATIENT SAFETY. THE WORKGROUP SHALL  OFFER  ADVICE
AND RECOMMENDATIONS TO THE COMMISSIONER IN THE FOLLOWING AREAS:
  (A) ON THE APPROVAL OF DEMONSTRATION PROGRAM SITES;
  (B)  ON  THE ACCEPTABILITY OF TRAINING PROGRAMS THAT HOSPITALS WISHING
TO PARTICIPATE IN THE DEMONSTRATION PROGRAM SUBMIT TO THE COMMISSIONER;
  (C) ON GUIDELINES FOR DETERMINING WHEN NEGOTIATIONS UNDER  THE  DEMON-
STRATION  PROGRAM  BEGIN AND END FOR THE PURPOSE OF TOLLING THE STATUTE;
AND
  (D) ON THE IMPLEMENTATION  AND  ADMINISTRATION  OF  THE  DEMONSTRATION
PROGRAM,  PROGRAM  GUIDELINES  AND PARAMETERS, THE PROGRAM'S EVALUATION,

S. 6321                             4

THE MERIT OF EXPANDING THE PROGRAM, AND STRATEGIES TO FACILITATE PARTIC-
IPATION IN THE PROGRAM.
  2.  THE WORKGROUP SHALL OFFER ITS INITIAL ADVICE AND RECOMMENDATION TO
THE COMMISSIONER AT LEAST SIXTY DAYS  BEFORE  THE  COMMENCEMENT  OF  THE
SORRY  WORKS! DEMONSTRATION PROGRAM. THE COMMISSIONER SHALL CONSIDER THE
ADVICE AND RECOMMENDATIONS OF THE WORKGROUP IN  MAKING  DECISIONS  UNDER
THIS  TITLE  PROVIDED HOWEVER, THAT THE PROGRAM SHALL NOT BE DELAYED DUE
TO THE FAILURE OF THE WORKGROUP TO SUBMIT TIMELY ADVICE AND  RECOMMENDA-
TIONS.
  S  2999-I. SORRY WORKS! DEMONSTRATION PROGRAM GRANTS. 1. TO THE EXTENT
THAT FUNDS ARE MADE AVAILABLE THEREFOR, THE COMMISSIONER  IS  AUTHORIZED
TO ISSUE GRANTS TO SORRY WORKS! DEMONSTRATION PROGRAM PARTICIPANTS INDI-
VIDUALLY  OR  COLLECTIVELY  TO  THEIR DESIGNATED REPRESENTATIVE, FOR THE
PURPOSES OF SUPPORTING TRAINING FOR THE DEMONSTRATION  PROGRAMS  AND  TO
DEFRAY  ANY  INCREASED  COSTS  RELATED  TO MEDICAL MALPRACTICE VERDICTS,
SETTLEMENTS, AND DEFENSE LITIGATION COSTS THAT A HOSPITAL  INCURS  AS  A
RESULT  OF  PARTICIPATION  IN  THE  PROGRAM. THE COMMISSIONER IS FURTHER
AUTHORIZED TO APPLY FOR GRANTS AND ACCEPT  DONATIONS  FROM  PRIVATE  AND
PUBLIC  SOURCES  FOR  THE  PURPOSES  OF  FUNDING GRANTS PURSUANT TO THIS
SECTION.
  2. ANY HOSPITAL THAT IS FOUND BY THE COMMISSIONER TO HAVE  EXPERIENCED
INCREASED  COSTS  FOR  MEDICAL  MALPRACTICE  VERDICTS,  SETTLEMENTS, AND
DEFENSE LITIGATION COSTS DURING THE  FIRST  YEAR  OF  THE  DEMONSTRATION
PROGRAM  PERIOD  AS  A  RESULT  OF  PARTICIPATION  IN  THE DEMONSTRATION
PROGRAM, PURSUANT TO SUBDIVISION EIGHT OF  SECTION  TWENTY-NINE  HUNDRED
NINETY-NINE-G  OF  THIS  TITLE  MAY  APPLY TO THE COMMISSIONER FOR GRANT
FUNDING TO DEFRAY SUCH COSTS, PROVIDED, HOWEVER, THAT GRANT AWARDS UNDER
THIS SUBDIVISION MAY NOT EXCEED THE  TOTAL  AMOUNT  OF  FUNDS  REMAINING
AVAILABLE.  SHOULD  TOTAL GRANT FUNDING REQUESTS EXCEED AVAILABLE FUNDS,
GRANTS MADE PURSUANT TO THIS SUBDIVISION SHALL BE MADE  ON  A  PRO  RATA
BASIS.
  S  2999-J.  SORRY  WORKS!  DEMONSTRATION  PROGRAM REPORT.   WITHIN ONE
HUNDRED EIGHTY DAYS OF THE COMPLETION OF THE FIRST  YEAR  OF  THE  SORRY
WORKS!  DEMONSTRATION PROGRAM, THE COMMISSIONER SHALL SUBMIT A REPORT ON
THE PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE  TEMPO-
RARY  PRESIDENT  OF  THE  SENATE.  SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO: THE EXPERIENCE OF THE  PROGRAM;  THE  EFFECTIVENESS  OF  THE
PROGRAM;  THE  VALUE  IN  EXPANDING THE PROGRAM; AND SUGGESTED STATUTORY
CHANGES TO THE PROGRAM.
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 4549 to read as follows:
  S 4549. PROTECTIONS OF EXPRESSIONS OF APOLOGIES, CONDOLENCE AND SYMPA-
THY.  1.  IN  ANY  CIVIL ACTION BROUGHT BY OR ON BEHALF OF A PATIENT WHO
EXPERIENCES AN UNANTICIPATED OUTCOME OF MEDICAL CARE,  OR  IN  AN  ARBI-
TRATION PROCEEDING RELATED TO, OR IN LIEU OF SUCH CIVIL ACTION WHEN SUCH
CARE  IS PROVIDED IN A FACILITY PARTICIPATING IN THE SORRY WORKS! DEMON-
STRATION PROGRAM PURSUANT TO TITLE FOUR OF ARTICLE TWENTY-NINE-D OF  THE
PUBLIC  HEALTH  LAW, ALL STATEMENTS AND AFFIRMATIONS, INCLUDING AN OFFER
OF SETTLEMENT, WHETHER IN WRITING OR ORAL, AND ALL GESTURES  OR  CONDUCT
EXPRESSING  APOLOGY, SYMPATHY, COMMISERATION, CONDOLENCE, COMPASSION, OR
A GENERAL SENSE OF BENEVOLENCE, OR ACCEPTANCE OF RESPONSIBILITY, INCLUD-
ING ANY EXPLANATION MADE BY A HEALTH CARE PROVIDER OR AN EMPLOYEE OR  AN
AGENT  OF  A  HEALTH  CARE  PROVIDER  PARTICIPATING  IN THE PROGRAM TO A
PATIENT OR WHICH RELATE TO THE DISCOMFORT, PAIN, SUFFERING,  INJURY,  OR
DEATH  OF  THE  PATIENT  AS  THE  RESULT OF THE UNANTICIPATED OUTCOME OF
MEDICAL CARE SHALL BE INADMISSIBLE AS EVIDENCE FOR ANY REASON INCLUDING,

S. 6321                             5

BUT NOT LIMITED TO, AS AN ADMISSION OF LIABILITY OR AS  EVIDENCE  OF  AN
ADMISSION AGAINST INTEREST.
  2.  THE  PROVISIONS OF THIS SECTION SHALL NOT REQUIRE THE EXCLUSION OF
ANY EVIDENCE WHICH IS OTHERWISE ADMISSIBLE SOLELY BECAUSE SUCH  EVIDENCE
WAS PRESENTED DURING THE COURSE OF COMPROMISE NEGOTIATIONS.
  3.  FOR  THE  PURPOSES  OF  THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, THE TERM  "UNANTICIPATED  OUTCOME"  MEANS  THE  OUTCOME  OF  A
MEDICAL DIAGNOSIS, TREATMENT OR PROCEDURE THAT DIFFERS FROM AN EXPECTED,
HOPED FOR OR DESIRED RESULT.
  S  3.  Section  6530  of  the education law is amended by adding a new
subdivision 50 to read as follows:
  50. FAILURE TO COOPERATE AND PARTICIPATE REASONABLY AND IN GOOD FAITH,
IN THE QUALITY ASSURANCE, INCIDENT REPORTING AND PEER  REVIEW  PROGRAMS,
ACTIVITIES AND REQUIREMENTS AND PROCEDURES COVERED BY THE CONFIDENTIALI-
TY  PROVISIONS  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-M OF THE PUBLIC
HEALTH LAW OR CLAUSE (A), (B),  (D)  OR  (E)  OF  SUBDIVISION  THREE  OF
SECTION  SIXTY-FIVE  HUNDRED TWENTY-SEVEN OF THIS ARTICLE IN THE CASE OF
HEALTH CARE PROVIDERS WHO ARE PARTICIPATING IN THE SORRY  WORKS!  DEMON-
STRATION  PROGRAM  ESTABLISHED  PURSUANT  TO SECTION TWENTY-NINE HUNDRED
NINETY-NINE-G OF THE PUBLIC HEALTH LAW AND WHEREBY A SETTLEMENT HAS BEEN
REACHED PURSUANT TO SUBDIVISION TWO OF SUCH SECTION PROHIBITING  FURTHER
LITIGATION.
  S  4. The sum of one million dollars ($1,000,000), is hereby appropri-
ated to the department of health out of moneys in the state treasury  in
the  general  fund,  not  otherwise  appropriated,  and made immediately
available for the purposes of carrying out the provisions of  this  act,
specifically  for  grants  to  effectuate the Sorry Works! demonstration
program.
  S 5. This act shall take effect immediately,  provided  however,  that
the  demonstration program established pursuant to section 2999-g of the
public health law as added by section one of this act  shall  begin  180
days  after such effective date and provided further that this act shall
expire and be deemed repealed 2 years and 180 days after such  effective
date.