LBD12268-03-0
S. 8089 2 A. 11370
sufficient to accomplish the purpose designated, is hereby appropriated
and authorized to be paid as hereinafter provided, to the public offi-
cers and for the purposes specified, which amount shall be available for
the state fiscal year beginning April 1, 2010.
ALL STATE DEPARTMENTS AND AGENCIES
For the purpose of making payments for
personal service, including liabilities
incurred prior to April 1, 2010, on the
payrolls scheduled to be paid during the
period April 1 through June [9] 17, 2010
to state officers and employees of the
executive branch, including the governor,
lieutenant governor, comptroller and
attorney general; to officers and employ-
ees of the judiciary; and to officers and
employees of the legislature, including
payments to the members of the senate and
assembly under sections 5 and 5-a of the
legislative law; and payments for services
performed by mentally ill or develop-
mentally disabled persons who are employed
in state-operated special employment,
work-for-pay or sheltered workshop
programs provided that, notwithstanding
any other provision of law to the contra-
ry, the expiration dates of the exemption
from licensure requirements as set forth
in section 9 of chapter 420 of the laws of
2002 and section 17-a of chapter 676 of
the laws of 2002 are hereby extended until
June [9] 17, 2010 ........ [2,072,151,000] 2,236,821,000
==============
S 2-a. Section 2-a of chapter 80 of the laws of 2010, relating to
making appropriations for the support of government, as amended by chap-
ter 106 of the laws of 2010, is amended to read as follows:
S 2-a. The several amounts specified in this section, or so much ther-
eof as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
GENERAL STATE CHARGES
GENERAL STATE CHARGES .......................... [75,726,000] 77,726,000
--------------
General Fund / State Operations
State Purposes Account - 003
For the state's contribution to the health
insurance fund. The state's share of the
health insurance program dividends shall
S. 8089 3 A. 11370
be available to pay for the premiums in
2010-11.
NOTWITHSTANDING SECTION 167-A OF THE CIVIL
SERVICE LAW, EFFECTIVE APRIL 1, 2010 UPON
EXCLUSION FROM THE COVERAGE OF THE HEALTH
INSURANCE PLAN OF SUPPLEMENTARY MEDICAL
INSURANCE BENEFITS FOR WHICH AN ACTIVE OR
RETIRED EMPLOYEE OR A DEPENDENT COVERED BY
THE HEALTH INSURANCE PLAN IS OR WOULD BE
ELIGIBLE UNDER THE FEDERAL OLD-AGE, SURVI-
VORS AND DISABILITY INSURANCE PROGRAM, AN
AMOUNT EQUAL TO THE PREMIUM CHARGE FOR
SUCH SUPPLEMENTARY MEDICAL INSURANCE
BENEFITS FOR SUCH ACTIVE OR RETIRED
EMPLOYEE AND HIS OR HER DEPENDENTS, IF
ANY, SHALL BE PAID MONTHLY OR AT OTHER
INTERVALS TO SUCH ACTIVE OR RETIRED
EMPLOYEE FROM THE HEALTH INSURANCE FUND.
WHERE APPROPRIATE, SUCH AMOUNT MAY BE
DEDUCTED FROM CONTRIBUTIONS PAYABLE BY
THE EMPLOYEE OR RETIRED EMPLOYEE; OR WHERE
APPROPRIATE IN THE CASE OF A RETIRED
EMPLOYEE RECEIVING A RETIREMENT ALLOWANCE,
SUCH AMOUNT MAY BE INCLUDED WITH PAYMENTS
OF HIS OR HER RETIREMENT ALLOWANCE.
NOTWITHSTANDING SECTION 167-A OF THE CIVIL
SERVICE LAW, EFFECTIVE APRIL 1, 2010, ALL
STATE EMPLOYER, EMPLOYEE, RETIRED EMPLOYEE
AND DEPENDENT CONTRIBUTIONS TO THE HEALTH
INSURANCE FUND SHALL BE ADJUSTED AS NECES-
SARY TO COVER THE COST OF REIMBURSING
FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY
INSURANCE PROGRAM PREMIUM CHARGES MADE
PURSUANT TO SECTION 167-A OF THE CIVIL
SERVICE LAW. FURTHERMORE, THIS COST SHALL
BE INCLUDED IN THE CALCULATION OF PREMIUM
OR SUBSCRIPTION CHARGES FOR HEALTH COVER-
AGE PROVIDED TO STATE EMPLOYEES AND
RETIRED STATE EMPLOYEES, PROVIDED, HOWEV-
ER, THE STATE SHALL REMAIN OBLIGATED TO
PAY NO LESS THAN ITS SHARE OF SUCH
INCREASED COST CONSISTENT WITH ITS SHARE
OF PREMIUM OR SUBSCRIPTION CHARGES
PROVIDED FOR BY ARTICLE 11 OF THE CIVIL
SERVICE LAW. AS SUCH, ALL OTHER EMPLOYER
CONTRIBUTIONS TO THE HEALTH INSURANCE FUND
SHALL BE ADJUSTED AS NECESSARY TO PROVIDE
FOR SUCH PAYMENTS. .......... [48,400,000] 50,400,000
For the state's contribution to employee
benefit fund programs ....................... 27,326,000
--------------
S 3. Section 3 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S. 8089 4 A. 11370
S 3. The sum of [one] TWO hundred [eighty-eight] FOUR million [seven]
EIGHT hundred [fifty-one] SIXTY-TWO thousand dollars [($188,751,000)]
($204,862,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated out of any moneys in the
general fund to the credit of the state purposes account not otherwise
appropriated for the purpose of paying to the social security contrib-
ution fund, the state's share, as employer, of the payroll tax for
payrolls scheduled to be paid during the period April 1 through June [9]
17, 2010, including liabilities incurred prior to April 1, 2010 ........
.............................................. [188,751,000] 204,862,000
==============
S 4. Section 4 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 4. The sum of one hundred [twenty-nine] THIRTY thousand dollars
[($129,000)] ($130,000), or so much thereof as shall be sufficient to
accomplish the purpose designated, is hereby appropriated out of any
moneys in the general fund to the credit of the state purposes account
not otherwise appropriated for payments to the teachers insurance and
annuity association and college retirement equities fund associated with
individuals working in the education department, the higher education
services corporation, and the state university of New York construction
fund. Notwithstanding any other provisions of law to the contrary, the
comptroller is hereby authorized and directed to utilize this appropri-
ation for the purpose of making scheduled teachers insurance and annuity
association and college retirement equities fund payments ..............
...................................................... [129,000] 130,000
==============
S 5. Section 6 of chapter 46 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 6. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
THE JUDICIARY
For the payment of state operations nonpersonal service liabilities,
the sum of [forty-seven] FORTY-NINE million dollars [($47,000,000)]
($49,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated to the judiciary out of
any moneys in the general fund to the credit of the state purposes
account not otherwise appropriated. The comptroller is hereby authorized
and directed to utilize this appropriation for the purpose of making
payments for nonpersonal service liabilities incurred by the judiciary
from April 1 through June [6] 13, 2010 ......... [47,000,000] 49,000,000
==============
The sum of four million dollars ($4,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated to the judiciary out of any moneys in the special revenue
funds - other / aid to localities, court facility incentive aid fund -
S. 8089 5 A. 11370
340 for services and expenses related to court cleaning and minor
repairs, interest aid, appellate aid and judicial institute financing
payments ..................................................... 4,000,000
==============
S 6. Section 5 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 5. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby appropri-
ated and authorized to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2010.
ALL STATE DEPARTMENTS AND AGENCIES
For the payment of state operations nonper-
sonal service liabilities, including the
legislature, including contracts approved
prior to, on, and after April 1, 2010 for
liabilities incurred in the ordinary
course of business, during the period
April 1 through June [6] 13, 2010, pursu-
ant to existing state law and for purposes
for which the legislature authorized the
expenditure of moneys during the 2009-2010
state fiscal year; provided, however, that
nothing contained herein shall be deemed
to limit or restrict the power or authori-
ty of state departments or agencies to
conduct their activities or operations in
accordance with existing law, and further
provided that nothing contained herein
shall be deemed to supersede, nullify or
modify the provisions of section 40 of the
state finance law prescribing when appro-
priations made for the 2009-2010 state
fiscal year shall have ceased to have
force and effect ........... [165,000,000] 195,000,000
==============
S 7. Section 6 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 6. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
AMERICAN RECOVERY AND REINVESTMENT ACT (CCP) ............... 110,000,000
--------------
Federal Capital Projects Fund - 291
American Recovery and Reinvestment Act Purpose
S. 8089 6 A. 11370
The sum of seventy million dollars ($70,000,000), or so much thereof
as shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved prior to April 1, 2010 for the
payment by the state of the federal share of transportation related
capital projects liabilities funded by the American Recovery and Rein-
vestment Act of 2009 incurred in the ordinary course of business from
April 1 through June [6] 13, 2010, pursuant to existing state law and
for purposes for which the legislature authorized the expenditures of
money during the 2009-2010 fiscal year; provided, however, that nothing
contained herein shall be deemed to limit or restrict the power or
authority of state departments or agencies to conduct their activities
or operations in accordance with existing law, and further provided that
nothing contained herein shall be deemed to supersede, nullify, or modi-
fy the provisions of section 40 of the state finance law prescribing
when appropriations made for the 2009-2010 fiscal year shall have ceased
to have force and effect. Funds appropriated herein shall be subject to
all applicable reporting and accountability requirements contained in
such act .................................................... 70,000,000
==============
The sum of forty million dollars ($40,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved for purposes for which the legisla-
ture authorized the expenditures of money during the 2009-2010 fiscal
year. An amount up to forty million dollars ($40,000,000) shall be
available for the payment by the state of the federal share of transpor-
tation related capital projects liabilities, funded by the American
Recovery and Reinvestment Act of 2009 incurred in the ordinary course of
business during the period from April 1 through June [6] 13, 2010 for
contracts approved during the period April 1 through June [6] 13, 2010,
provided, however, that nothing contained herein shall be deemed to
limit or restrict the power or authority of state departments or agen-
cies to conduct their activities or operations in accordance with exist-
ing law, and further provided that nothing contained herein shall be
deemed to supersede, nullify, or modify the provisions of section 40 of
the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall be subject to all applicable reporting and
accountability requirements contained in such act ........... 40,000,000
==============
S 8. Section 7 of chapter 20 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 7. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
ALL STATE DEPARTMENTS AND AGENCIES
The sum of thirty million dollars ($30,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved in accordance with section 112 of
S. 8089 7 A. 11370
the state finance law for purposes for which the legislature authorized
the expenditures of money during the 2009-2010 fiscal year. An amount up
to thirty million dollars ($30,000,000) shall be available for the
payment of capital projects liabilities, including any contractual
services liabilities of the engineering services fund, incurred to
address emergency health and safety needs as certified by the director
of budget during the period from April 1 through June [6] 13, 2010 for
contracts approved prior to, on, or after April 1, 2010, provided,
however, that nothing contained herein shall be deemed to limit or
restrict the power or authority of state departments or agencies to
conduct their activities or operations in accordance with existing law,
and further provided that nothing contained herein shall be deemed to
supersede, nullify, or modify the provisions of section 40 of the state
finance law prescribing when appropriations made for the 2009-2010
fiscal year shall have ceased to have force and effect ...... 30,000,000
==============
The sum of [seventy-five] TWO HUNDRED million dollars [($75,000,000)]
($200,000,000), or so much thereof as shall be sufficient to accomplish
the purpose designated, is hereby appropriated for contracts approved in
accordance with section 112 of the state finance law for purposes for
which the legislature authorized the expenditures of money during the
2009-2010 fiscal year. An amount up to [seventy-five] TWO HUNDRED
million dollars [($75,000,000)] ($200,000,000) shall be available for
the payment of capital projects liabilities incurred [during the period
from] AFTER April 1 [through May 2], 2010 for contracts approved prior
to April 1, 2010, provided, however, that nothing contained herein shall
be deemed to limit or restrict the power or authority of state depart-
ments or agencies to conduct their activities or operations in accord-
ance with existing law, and further provided that nothing contained
herein shall be deemed to supersede, nullify, or modify the provisions
of section 40 of the state finance law prescribing when appropriations
made for the 2009-2010 fiscal year shall have ceased to have force and
effect ........................................ [75,000,000] 200,000,000
==============
S 9. Section 9 of chapter 47 of the laws of 2010, relating to making
appropriations for the support of government, as amended by chapter 106
of the laws of 2010, is amended to read as follows:
S 9. The several amounts specified in this section, or so much thereof
as shall be sufficient to accomplish the purposes designated, are hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the several purposes specified, which
amounts shall be available for the state fiscal year beginning April 1,
2010.
DEPARTMENT OF TRANSPORTATION
FEDERAL AID HIGHWAYS FEDERAL PURPOSE ....................... 100,000,000
--------------
Federal Capital Projects Fund - 291
Federal Aid Highways Purpose
The sum of eighty million dollars ($80,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved prior to April 1, 2010 for the
S. 8089 8 A. 11370
payment by the state of the federal share of transportation related
capital projects liabilities as provided for in the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users and
any successive legislation incurred in the ordinary course of business
from April 1 through June [6] 13, 2010, [for projects that do not
contain any state funding shares, and from April 1 through May 2, for
projects containing state funding shares that are eligible to be funded
by bond proceeds, and only to the extent that bond proceeds are avail-
able,] pursuant to existing state law and for purposes for which the
legislature authorized the expenditures of money during the 2009-2010
fiscal year; provided, however, that nothing contained herein shall be
deemed to limit or restrict the power or authority of state departments
or agencies to conduct their activities or operations in accordance with
existing law, and further provided that nothing contained herein shall
be deemed to supersede, nullify, or modify the provisions of section 40
of the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall not be available for the payment of liabil-
ities funded by the American Recovery and Reinvestment Act of 2009 .....
............................................................. 80,000,000
==============
The sum of twenty million dollars ($20,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved during the period from April 1
through June [6] 13, 2010 for the payment by the state of the federal
share of transportation related capital projects liabilities as provided
for in the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users and any successive legislation incurred in the
ordinary course of business from April 1 through June [6] 13, 2010, for
projects that do not contain any state funding shares, or for projects
containing both state funding shares that are eligible to be funded by
bond proceeds to the extent that such bond proceeds are available and
federal shares funded by the American Recovery and Reinvestment Act of
2009, pursuant to existing state law and for purposes for which the
legislature authorized the expenditures of money during the 2009-2010
fiscal year; provided, however, that nothing contained herein shall be
deemed to limit or restrict the power or authority of state departments
or agencies to conduct their activities or operations in accordance with
existing law, and further provided that nothing contained herein shall
be deemed to supersede, nullify, or modify the provisions of section 40
of the state finance law prescribing when appropriations made for the
2009-2010 fiscal year shall have ceased to have force and effect. Funds
appropriated herein shall not be available for the payment of liabil-
ities funded by the American Recovery and Reinvestment Act of 2009 .....
............................................................. 20,000,000
==============
NEW YORK STATE AGENCY FUND (CCP) ............................ 10,000,000
--------------
Fiduciary Funds/Capital Projects
Highway Costs Improvement Accounts
Non-Federal Aided Highway Purpose
S. 8089 9 A. 11370
The sum of ten million dollars ($10,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved prior to, on or after April 1, 2010
for the payment of transportation related capital projects liabilities
incurred by the department of transportation on behalf of entities other
than state departments or agencies pursuant to the highway law or trans-
portation law incurred in the ordinary course of business from April 1
through June [6] 13, 2010 ................................... 10,000,000
==============
S 10. Section 9-b of chapter 90 of the laws of 2010, relating to
making appropriations for the support of government, as amended by chap-
ter 106 of the laws of 2010, is amended to read as follows:
S 9-b. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF TRANSPORTATION
The sum of one million dollars ($1,000,000), or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated for contracts approved during the period from April 1, 2010
through June [6] 13, 2010, for the payment by the state of the state
share of transportation related capital projects liabilities incurred in
the ordinary course of business from April 1, 2010 through June [6] 13,
2010, including construction inspection, funded by the dedicated highway
and bridge trust fund - non-federal aided highway purpose and prepara-
tion of plans purpose and/or the rebuild and renew New York transporta-
tion bond act of 2005 - highway facilities purpose, only for the shares
of projects that are eligible to be funded by bond proceeds, only to the
extent that bond proceeds are available, and only for capital projects
that contain funding shares from the American Recovery and Reinvestment
Act of 2009, pursuant to existing state law and for purposes for which
the legislature authorized the expenditures of money during the
2009-2010 fiscal year; provided, however, that nothing contained herein
shall be deemed to limit or restrict the power or authority of state
departments or agencies to conduct their activities or operations in
accordance with existing law, and further provided that nothing
contained herein shall be deemed to supersede, nullify, or modify the
provisions of section 40 of the state finance law prescribing when
appropriations made for the 2009-2010 fiscal year shall have ceased to
have force and effect ........................................ 1,000,000
==============
S 11. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
S. 8089 10 A. 11370
OFFICE FOR THE AGING
COMMUNITY SERVICES PROGRAM ..................................... 869,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
For services and expenses related to the
congregate services initiative. No
expenditures shall be made from this
appropriation until the director of the
budget has approved a plan submitted by
the office outlining the amounts and
purposes of such expenditures and the
allocation of funds among the counties ......... 806,000
For services and expenses of New York State-
wide Senior Action Council, Inc. for the
patients' rights hotline and advocacy
project ......................................... 63,000
--------------
Program account subtotal ..................... 869,000
--------------
DEPARTMENT OF HEALTH
CENTER FOR COMMUNITY HEALTH PROGRAM ........................ 512,727,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
State aid to municipalities for the opera-
tion of local health departments and labo-
ratories and for the provision of general
public health services pursuant to article
6 of the public health law for activities
under the jurisdiction of the commissioner
of health.
Notwithstanding any other provision of arti-
cle 6 of the public health law, a county
may obtain reimbursement pursuant to this
act, only after the county chief financial
officer certifies, in the municipal health
services plan, that county tax levies used
to fund services carried out by the county
health department have not been added to
or supplanted directly or indirectly by
any funds obtained by the county pursuant
to the Master Settlement Agreement entered
into on November 23, 1998 by the state and
leading United States tobacco product
manufacturers, except in the case of a
public health emergency, as determined by
the commissioner of health.
S. 8089 11 A. 11370
Notwithstanding annual aggregate limits for
bad debt and charity care allowances and
any other provision of law, up to
$1,700,000 shall be transferred to the
medical assistance program general fund -
local assistance account for eligible
publicly sponsored certified home health
agencies that demonstrate losses from a
disproportionate share of bad debt and
charity care, pursuant to chapter 884 of
the laws of 1990. Within the maximum
limits specified herein, the department
shall transfer only those funds which are
necessary to meet the state share require-
ments for disproportionate share adjust-
ments expected to be paid for the period
January 1, 2010 through December 31, 2010.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued .................... 284,763,000
For services and expenses to implement the
early intervention program act of 1992.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued or hereafter to
accrue. Notwithstanding the provisions of
any other law to the contrary, for state
fiscal year 2010-2011 the liability of the
state and the amount to be distributed or
otherwise expended by the state pursuant
to section 2557 of the public health law
shall be determined by first calculating
the amount of the expenditure or other
liability pursuant to such law, and then
reducing the amount so calculated by two
percent of such amount ..................... 176,800,000
For services and expenses of health
promotion initiatives. A portion of this
appropriation may be transferred to state
operations appropriations for adminis-
tration of this program ...................... 1,140,000
For services and expenses related to
evidenced based cancer services programs.
A portion of this appropriation may be
transferred to state operations appropri-
ations for administration of this program .... 9,006,750
For services and expenses related to obesity
and diabetes programs. A portion of this
appropriation may be transferred to state
operations appropriations for adminis-
tration of this program ...................... 7,205,000
For state grants to improve access to infer-
tility services, treatments, and proce-
dures. Funds shall be allocated from this
appropriation pursuant to a plan prepared
S. 8089 12 A. 11370
by the commissioner of health and approved
by the director of the budget ................ 1,847,000
For services and expenses related to state-
wide health broadcasts involving local,
state and federal agencies. A portion of
this appropriation may be transferred to
state operations appropriations for admin-
istration of this program ....................... 83,500
For services and expenses of the comprehen-
sive care centers for eating disorders
program ........................................ 250,000
For services and expenses of a safe mother-
hood initiative to prevent maternal deaths
in New York state. A portion of this
appropriation may be transferred to state
operations appropriations for adminis-
tration of this program ......................... 73,500
For services and expenses for statewide
maternal mortality reviews and the devel-
opment of protocols to reduce incidents of
death during childbirth. A portion of this
appropriation may be transferred to state
operations appropriations for adminis-
tration of this program ......................... 66,250
--------------
Program account subtotal ................. 481,235,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Health Care Services Account
For services and expenses related to the
Indian health program. The moneys hereby
appropriated shall be available for
reimbursement to pharmacies participating
in such program prior to, on or after
April 1, for liabilities heretofore
accrued or hereafter to accrue ............... 2,084,000
For services and expenses related to
evidenced based cancer services programs.
A portion of this appropriation may be
transferred to state operations appropri-
ations for administration of this program ... 18,417,000
For services and expenses of the maternity
and early childhood foundation ................. 599,000
--------------
Program account subtotal .................. 21,100,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Hospital Based Grants Program Account
For services and expenses of a lead poison-
ing prevention program ......................... 392,000
S. 8089 13 A. 11370
--------------
Program account subtotal ..................... 392,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal USDA-Food and Nutrition Services Fund - 261
Federal Food and Nutrition Services Account
For various federal food and nutritional
services. The moneys hereby appropriated
shall be available for contracts approved
prior to, on, or after April 1, 2010, and
for the payment of financial assistance
heretofore accrued or hereafter to accrue ... 10,000,000
--------------
Program account subtotal .................. 10,000,000
--------------
CHILD HEALTH INSURANCE PROGRAM ............................. 990,200,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
Children's Health Insurance Account
The money hereby appropriated is available
for payment of aid heretofore accrued or
hereafter accrued.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, for purposes of making
subsidy payments to approved organizations
under the Child Health Insurance Program,
the commissioner of health shall adjust
such payments so that the amount of each
such payment, as otherwise calculated
pursuant to subdivision 8 of section 2511
of the public health law, is reduced by
twenty-eight percent of the amount by
which such calculated payment exceeds the
statewide average subsidy payment for all
approved organizations in effect on April
1, 2010; provided, however, that such
statewide average subsidy payment shall be
calculated by the commissioner and shall
not reflect adjustments made pursuant to
this paragraph; and provided further that,
if this act provides sufficient additional
funding to support subsidy payments with-
out such twenty-eight percent reductions,
then the provisions of this appropriation
shall be deemed null and void as of March
31, 2010.
For services and expenses related to the
children's health insurance program,
S. 8089 14 A. 11370
pursuant to title XXI of the federal
social security act. ....................... 514,600,000
--------------
Program account subtotal ................. 514,600,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Children's Health Insurance Account
The money hereby appropriated is available
for payment of aid heretofore accrued or
hereafter accrued.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, for purposes of making
subsidy payments to approved organizations
under the Child Health Insurance Program,
the commissioner of health shall adjust
such payments so that the amount of each
such payment, as otherwise calculated
pursuant to subdivision 8 of section 2511
of the public health law, is reduced by
twenty-eight percent of the amount by
which such calculated payment exceeds the
statewide average subsidy payment for all
approved organizations in effect on April
1, 2010; provided, however, that such
statewide average subsidy payment shall be
calculated by the commissioner and shall
not reflect adjustments made pursuant to
this paragraph; and provided further that,
if this act provides sufficient additional
funding to support subsidy payments with-
out such twenty-eight percent reductions,
then the provisions of this appropriation
shall be deemed null and void as of March
31, 2010.
For services and expenses related to the
children's health insurance program
authorized pursuant to title 1-A of arti-
cle 25 of the public health law ............ 475,600,000
--------------
Program account subtotal ................. 475,600,000
--------------
ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PROGRAM .......... 328,350,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
EPIC Premium Account
S. 8089 15 A. 11370
For services and expenses of the program for
elderly pharmaceutical insurance coverage,
including reimbursement to pharmacies
participating in such program. Notwith-
standing any inconsistent provision of
law, rule or regulation to the contrary,
for the period October 1, 2010 through
March 31, 2011, for a participant in the
program for elderly pharmaceutical insur-
ance coverage whose prescription drug
expenses are paid or reimbursable under
the provisions of the medicare program,
assistance under the program for elderly
pharmaceutical insurance coverage shall be
limited to prescription drugs covered by
the participant's medicare plan and to
drugs excluded from medicare coverage in
accordance with section 1860-D-2 of the
federal social security act, and in such
cases the program for elderly pharmaceu-
tical insurance coverage shall cover the
amount that is the responsibility of the
participant under the medicare plan bene-
fit, subject to the participant's cost-
sharing responsibility on such amount
under section 247 or section 248 of the
elder law; provided, however, that cover-
age under the elderly pharmaceutical
insurance coverage program shall be avail-
able only after the participant has first
exhausted the first two levels of appeal
available under Part D of title XVIII of
the federal social security act and the
appeal has been denied; and provided
further that during the medicare coverage
determination and appeal period, the
elderly pharmaceutical insurance coverage
program shall provide up to a 90 day
supply of the prescribed medication, or
such lesser supply as specified on the
prescription, if (i) the pharmacist noti-
fies the prescriber that the participant's
Medicare Part D plan and the elderly phar-
maceutical insurance coverage program have
denied payment for the prescribed medica-
tion and that if the prescriber does not
choose to change the prescription to a
drug that is covered by the participant's
Medicare Part D plan, a Medicare Part D
appeal must be pursued and (ii) the pres-
criber notifies the elderly pharmaceutical
insurance coverage program of the
prescriber's intent to provide necessary
information and cooperation in the pursuit
of the Medicare Part D appeal; and
provided further that, in instances where
S. 8089 16 A. 11370
the pharmacist is unable to immediately
reach the prescriber, the elderly pharma-
ceutical insurance coverage program shall,
upon the request of the pharmacist,
authorize a three day emergency supply of
the prescribed medication; and provided
further that the elderly pharmaceutical
insurance coverage program shall authorize
such additional 90 day supplies of the
prescribed medication, or such lesser
supply as specified on the prescription,
and such additional three day emergency
supplies as required to ensure coverage of
the prescribed medication during the
pendency of the Medicare Part D appeal;
provided however that, if this act appro-
priates sufficient additional funds to
permit the elderly pharmaceutical insur-
ance coverage program to provide coverage
for prescription drugs without regard to
the limitations described in this section,
then the provisions of this paragraph
shall not apply and shall be considered
null and void as of September 30, 2010.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued .................... 202,550,000
--------------
Program account subtotal ................. 202,550,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
EPIC Premium Account
For services and expenses of the program for
elderly pharmaceutical insurance coverage,
including reimbursement to pharmacies
participating in such program. Notwith-
standing any inconsistent provision of
law, rule or regulation to the contrary,
for the period October 1, 2010 through
March 31, 2011, for a participant in the
program for elderly pharmaceutical insur-
ance coverage whose prescription drug
expenses are paid or reimbursable under
the provisions of the medicare program,
assistance under the program for elderly
pharmaceutical insurance coverage shall be
limited to prescription drugs covered by
the participant's medicare plan and to
drugs excluded from medicare coverage in
accordance with section 1860-D-2 of the
federal social security act, and in such
cases the program for elderly pharmaceu-
tical insurance coverage shall cover the
S. 8089 17 A. 11370
amount that is the responsibility of the
participant under the medicare plan bene-
fit, subject to the participant's cost-
sharing responsibility on such amount
under section 247 or section 248 of the
elder law; provided, however, that cover-
age under the elderly pharmaceutical
insurance coverage program shall be avail-
able only after the participant has first
exhausted the first two levels of appeal
available under Part D of title XVIII of
the federal social security act and the
appeal has been denied; and provided
further that during the medicare coverage
determination and appeal period, the
elderly pharmaceutical insurance coverage
program shall provide up to a 90 day
supply of the prescribed medication, or
such lesser supply as specified on the
prescription, if (i) the pharmacist noti-
fies the prescriber that the participant's
Medicare Part D plan and the elderly phar-
maceutical insurance coverage program have
denied payment for the prescribed medica-
tion and that if the prescriber does not
choose to change the prescription to a
drug that is covered by the participant's
Medicare Part D plan, a Medicare Part D
appeal must be pursued and (ii) the pres-
criber notifies the elderly pharmaceutical
insurance coverage program of the
prescriber's intent to provide necessary
information and cooperation in the pursuit
of the Medicare Part D appeal; and
provided further that, in instances where
the pharmacist is unable to immediately
reach the prescriber, the elderly pharma-
ceutical insurance coverage program shall,
upon the request of the pharmacist,
authorize a three day emergency supply of
the prescribed medication; and provided
further that the elderly pharmaceutical
insurance coverage program shall authorize
such additional 90 day supplies of the
prescribed medication, or such lesser
supply as specified on the prescription,
and such additional three day emergency
supplies as required to ensure coverage of
the prescribed medication during the
pendency of the Medicare Part D appeal;
provided however that, if this act appro-
priates sufficient additional funds to
permit the elderly pharmaceutical insur-
ance coverage program to provide coverage
for prescription drugs without regard to
the limitations described in this section,
S. 8089 18 A. 11370
then the provisions of this paragraph
shall not apply and shall be considered
null and void as of September 30, 2010.
The moneys hereby appropriated shall be
available for payment of financial assist-
ance heretofore accrued .................... 125,800,000
--------------
Program account subtotal ............... 125,800,000
--------------
HEALTH CARE REFORM ACT PROGRAM .............................. 10,700,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
HCRA Program Account
For services, expenses, grants and transfers
necessary to implement the health care
reform act program in accordance with
section 2807-j, 2807-k, 2807-l, 2807-m,
2807-p, 2807-s and 2807-v of the public
health law. The moneys hereby appropriated
shall be available for payments heretofore
accrued or hereafter to accrue. Notwith-
standing any inconsistent provision of
law, the moneys hereby appropriated may be
increased or decreased by interchange or
transfer with any appropriation of the
department of health or by transfer or
suballocation to any appropriation of the
department of insurance, the office of
mental health and the state office for the
aging subject to the approval of the
director of the budget, who shall file
such approval with the department of audit
and control and copies thereof with the
chairman of the senate finance committee
and the chairman of the assembly ways and
means committee. With the approval of the
director of the budget, up to 5 percent of
this appropriation may be used for state
operations purposes. At the direction of
the director of the budget, funds may also
be transferred directly to the general
fund for the purpose of repaying a draw on
the tobacco revenue guarantee fund.
For transfer to the Roswell park cancer
institute to support operating costs asso-
ciated with cancer research. A portion of
this appropriation may be transferred to
state operations appropriations .............. 6,000,000
For transfer to the pool administrator for
state grants for poison control centers. A
portion of this appropriation may be
transferred to state operations appropri-
S. 8089 19 A. 11370
ations. Notwithstanding any inconsistent
provision of law, rule or regulation,
allocations made pursuant to subparagraph
(iv) of paragraph (c) of subdivision 1 of
section 2807-l of the public health law
for distributions to poison control
centers pursuant to subdivision 7 of
section 2500-d of the public health law
shall be reduced by $2,000,000 for the
period April 1, 2010 through March 31,
2011; provided, however, if this act
provides sufficient additional funding to
support distributions to poison control
centers at amounts set forth in subpara-
graph (iv) of paragraph (c) of subdivision
1 of section 2807-l of the public health
law, then the provisions of this section
shall be null and void as of March 31,
2010 ......................................... 2,500,000
For additional state grants to improve
access to infertility services, treat-
ments, and procedures ........................ 2,200,000
--------------
Program account subtotal .................. 10,700,000
--------------
MEDICAL ASSISTANCE PROGRAM .............................. 50,080,289,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
For the medical assistance program, includ-
ing administrative expenses, for local
social services districts, and for medical
care rates for authorized child care agen-
cies.
The money hereby appropriated is to be
available for payment of aid heretofore
accrued or hereafter to accrue to munici-
palities, and to providers of medical
services pursuant to section 367-b of the
social services law, and for payment of
state aid to municipalities and to provid-
ers of family care where payment systems
through the fiscal intermediaries are not
operational, and shall be available to the
department net of disallowances, refunds,
reimbursements, and credits.
Notwithstanding any inconsistent provision
of law to the contrary, funds may be used
by the department for outside legal
assistance on issues involving the federal
government, the conduct of preadmission
screening and annual resident reviews
required by the state's medicaid program,
S. 8089 20 A. 11370
computer matching with insurance carriers
to insure that medicaid is the payer of
last resort and activities related to the
management of the pharmacy benefit avail-
able under the medicaid program.
Notwithstanding any inconsistent provision
of law, in lieu of payments authorized by
the social services law, or payments of
federal funds otherwise due to the local
social services districts for programs
provided under the federal social security
act or the federal food stamp act, funds
herein appropriated, in amounts certified
by the state commissioner of temporary and
disability assistance or the state commis-
sioner of health as due from local social
services districts each month as their
share of payments made pursuant to section
367-b of the social services law may be
set aside by the state comptroller in an
interest-bearing account in order to
ensure the orderly and prompt payment of
providers under section 367-b of the
social services law pursuant to an esti-
mate provided by the commissioner of
health of each local social services
district's share of payments made pursuant
to section 367-b of the social services
law.
Notwithstanding any other provision of law,
the money hereby appropriated may be
increased or decreased by interchange,
with any appropriation of the department
of health and the office of medicaid
inspector general and may be increased or
decreased by transfer or suballocation
between these appropriated amounts and
appropriations of the office of mental
health, office of mental retardation and
developmental disabilities, the office of
alcoholism and substance abuse services,
the department of family assistance office
of temporary and disability assistance and
office of children and family services,
and state office for the aging with the
approval of the director of the budget,
who shall file such approval with the
department of audit and control and copies
thereof with the chairman of the senate
finance committee and the chairman of the
assembly ways and means committee.
Notwithstanding any inconsistent provision
of law to the contrary, the moneys hereby
appropriated may be used for payments to
the centers for medicaid and medicare
services for obligations incurred related
S. 8089 21 A. 11370
to the pharmaceutical costs of dually
eligible medicare/medicaid beneficiaries
participating in the medicare drug benefit
authorized by P.L. 108-173.
Notwithstanding any inconsistent provision
of law, the moneys hereby appropriated
shall not be used for any existing rates,
fees, fee schedule, or procedures which
may affect the cost of care and services
provided by personal care providers, case
managers, health maintenance organiza-
tions, out of state medical facilities
which provide care and services to resi-
dents of the state, providers of transpor-
tation services, that are altered,
amended, adjusted or otherwise changed by
a local social services district unless
previously approved by the department of
health and the director of the budget.
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 chap-
ter 1 of the laws of 1999, and any other
contrary provision of law, in determining
rates of payments by state governmental
agencies effective for services provided
on and after April 1, 2010 through March
31, 2011, 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 coun-
seling support services to children, for
home health care services provided pursu-
ant 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
365-a of the social services law, the
commissioner of health shall apply zero
trend factor projections attributable to
the 2010 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 2010 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
S. 8089 22 A. 11370
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 applicable regulations,
and provided further, however, that for
rates of payment for assisted living
program services provided on and after
April 1, 2010 through March 31, 2011,
trend factor projections attributable to
the 2010 calendar year shall be estab-
lished at zero percent.
For services and expenses of the medical
assistance program including hospital
inpatient services.
Notwithstanding any inconsistent provision
of law, rule or regulation and subject to
the availability of federal financial
participation, for the period July 1, 2010
through March 31, 2011, hospital inpatient
rate adjustments shall be made in accord-
ance with regulations which the commis-
sioner of health shall promulgate in
accordance with the provisions of subpara-
graph (v) of paragraph (b) of subdivision
35 of section 2807-c of the public health
law and which shall be effective on and
after July 1, 2010 that incorporate quali-
ty related measures pertaining to poten-
tially preventable readmissions. Such
regulations shall incorporate a risk
adjusted comparison of the actual and
expected number of potentially preventable
readmissions in a given hospital with
benchmarks established by the commissioner
of health, provided, however, that the
application of such regulations shall
result in an aggregate reduction in medi-
caid payments of no less than $35,000,000
for the period July 1, 2010 through March
31, 2011 provided, however, that for the
period July 1, 2010 through March 31, 2011
such rate adjustments shall not reflect
the application of this section to behav-
ioral health readmissions.
Notwithstanding any inconsistent provision
of law, rule or regulation, hospital inpa-
tient rate adjustments made in accordance
with the methodology specified in subdivi-
sion 6 of section 2500-d of the public
health law shall be reduced by up to
$1,000,000 for the period April 1, 2010
through March 31, 2011; provided, however,
if this act provides sufficient additional
S. 8089 23 A. 11370
funding to support such rate adjustments
without the aggregate reductions, then the
provisions of this section shall be deemed
null and void as of March 31, 2010 ......... 701,921,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ..... 329,465,000
For services and expenses of the medical
assistance program including clinic
services ................................... 126,704,000
For services and expenses of the medical
assistance program including nursing home
services.
Notwithstanding any inconsistent provision
of law or regulation to the contrary, for
the period April 1, 2010 through March 31,
2011, the commissioner of health shall not
be required to revise certified rates of
payment established pursuant to the public
health law prior to April 1, 2011, based
on consideration of rate appeals filed by
residential health care facilities pursu-
ant to section 2808 of the public health
law or based upon adjustments to capital
cost reimbursement as a result of approval
by the commissioner of health of an appli-
cation for construction under section 2802
of the public health law, in excess of
aggregate amount of $80,000,000, provided,
however, that in revising such rates with-
in such fiscal limits the commissioner
shall, in prioritizing such rate appeals
include consideration of which facilities
the commissioner determines are facing
significant financial hardship, as well as
such other considerations as the commis-
sioner deems appropriate, and, further,
the commissioner is authorized to enter
into agreements with such facilities or
any other facility to resolve multiple
pending rate appeals based upon a negoti-
ated aggregate amount and may offset such
negotiated aggregate amounts against any
amounts owed by the facility to the
department of health, including, but not
limited to, amounts owed pursuant to
section 2807-d of the public health law,
provided further, however, that such rate
adjustment made pursuant to this section
remain fully subject to approval by the
director of the budget in accordance with
the provisions of subdivision 2 of section
2807 of the public health law. Provided,
however, if this act appropriates suffi-
cient additional funds to support process-
ing of residential health care facility
S. 8089 24 A. 11370
rate appeal adjustments as otherwise
provided for in the public health law,
than the provisions of this section shall
be deemed null and void.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, a "reserved bed day" is
defined as a day for which a governmental
agency pays a residential health care
facility to reserve a bed for a person
eligible for medical assistance pursuant
to title 11 of article 5 of the social
services law while he or she is temporar-
ily hospitalized or on leave of absence
from the facility; provided further that
for reserved bed days provided on behalf
of persons 21 years of age or older: (i)
payments for reserved bed days shall be
made at 95 percent of the medicaid rate
otherwise payable to the facility for
services provided on behalf of such
person; (ii) payment to a facility for
reserved bed days provided on behalf of
such person for temporary hospitalizations
may not exceed 14 days in any 12 month
period; and (iii) payment to a facility
for reserved bed days provided on behalf
of such person for non-hospitalization
leaves of absence may not exceed 10 days
in any 12 month period. Provided, howev-
er, if this act appropriates sufficient
additional funds to permit payment for
reserved bed days to be made at the full
medicaid rate otherwise payable to the
facility for services provided on behalf
of such person, and to not restrict
payments for reserved bed days to such 14
day and 10 day limitations, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010.
Notwithstanding any inconsistent provision
of law, for the period April 1, 2010
through March 31, 2011, residential health
care facility medicaid rates of payment
shall not include reimbursement for the
cost of prescription drugs. Such
reimbursement shall be in accordance with
otherwise applicable provisions of section
367-a of the social services law ......... 1,684,083,000
For services and expenses of the medical
assistance program including other long
term care services.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
S. 8089 25 A. 11370
ry, for the period April 1, 2010 through
March 31, 2011, for purposes of operating
the long term care assessment center
demonstration program pursuant to section
367-w of the social services law, the
department of health shall designate one
or more long-term care assessment centers
to be established in and together serve an
entire county within the city of New York
and shall designate a long term care
assessment center to be established in
another region consisting of one or more
contiguous counties elsewhere in the
state. Provided, however, if this act
appropriates sufficient additional funds
to support operation of the long term care
assessment center demonstration program
through one assessment center in a county
within the city of New York, then the
provisions of this appropriation shall be
deemed null and void.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, continued provision of
long term home health care program, AIDS
home care program or certified home health
agency services paid for by government
funds shall be based upon a comprehensive
assessment of the medical, social and
environmental needs of the recipient of
the services which shall be performed at
least every 180 days by the provider of a
long term home health care program, AIDS
home care program or the certified home
health agency providing services for the
patient and the local department of social
services; provided, however, if this act
appropriates sufficient additional funds
to require that such assessments be
performed no less frequently than once
every 120 days, then the provisions of
this paragraph shall not apply and shall
be considered null and void as of March
31, 2010 ................................. 1,865,765,000
For services and expenses of the medical
assistance program including managed care
services ................................. 2,000,066,000
For services and expenses of the medical
assistance program including pharmacy
services.
Notwithstanding any law, rule or regulation
to the contrary, for the period April 1,
2010 through March 31, 2011, the commis-
sioner of health shall provide five days
public notice on the department's website
S. 8089 26 A. 11370
of any recommendations developed by the
pharmacy and therapeutics committee
regarding the preferred drug program;
provided however that, if this act appro-
priates sufficient additional funds to
permit the commissioner to provide thirty
days public notice on the department's
website of any such recommendations, the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 ................... 78,950,000
For services and expenses of the medical
assistance program including transporta-
tion services.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, the commissioner of health
is authorized to assume responsibility
from a local social services official for
the provision and reimbursement of Medi-
caid transportation costs under section
365-h of the social services law. Such
services, whether managed by the local
social services official or the commis-
sioner of health, shall be provided in a
safe, timely, and reliable manner by
providers that comply with state and local
regulatory requirements, and shall meet
consumer satisfaction criteria approved by
the commissioner of health. If the commis-
sioner elects to assume such responsibil-
ity, the commissioner shall notify the
local social services official in writing
as to the election, the date upon which
the election shall be effective and such
information as to transition of responsi-
bilities as the commissioner deems
prudent. The commissioner is authorized
to contract with a transportation manager
or managers to manage transportation
services in any local social services
district. Any transportation manager or
managers selected by the commissioner to
manage transportation services shall have
proven experience in coordinating trans-
portation services in a geographic and
demographic area similar to the area in
New York state within which the contractor
would manage the provision of such
services. Such a contract or contracts may
include responsibility for: review,
approval and processing of transportation
orders; management of the appropriate
level of transportation based on docu-
mented patient medical need; and develop-
S. 8089 27 A. 11370
ment of new technologies leading to effi-
cient transportation services. If the
commissioner elects to assume such respon-
sibility from a local social services
district, the commissioner shall examine
and, if appropriate, adopt quality assur-
ance measures that may include, but are
not limited to, global positioning track-
ing system reporting requirements and
service verification mechanisms. Any and
all reimbursement rates developed by
transportation managers under this para-
graph shall be subject to the review and
approval of the commissioner. Notwith-
standing any inconsistent provision of
sections 112 and 163 of the state finance
law, or section 142 of the economic devel-
opment law, or any other law, the commis-
sioner is authorized to enter into a
contract or contracts without a compet-
itive bid or request for proposal process,
provided, however, that the department
shall post on its website, for a period of
no less than 30 days: (i) a description
of the proposed services to be provided
pursuant to the contract or contracts;
(ii) the criteria for selection of a
contractor or contractors; (iii) the peri-
od of time during which a prospective
contractor may seek selection, which shall
be no less than 30 days after such infor-
mation is first posted on the website;
(iv) and the manner by which a prospective
contractor may seek such selection, which
may include submission by electronic
means; and provided, further, that all
reasonable and responsive submissions that
are received from prospective contractors
in a timely fashion shall be reviewed by
the commissioner; and provided, further,
that the commissioner shall select such
contractor or contractors that, in his or
her discretion, are best suited to serve
the purposes of this appropriation.
Provided, however, if this act appropri-
ates sufficient additional funds to permit
local social services officials to main-
tain responsibility for management of
Medicaid transportation services without
assumption of such responsibility by the
commissioner of health, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 ................... 90,000,000
For services and expenses of the medical
S. 8089 28 A. 11370
assistance program including dental
services .................................... 81,005,000
For services and expenses of the medical
assistance program including non-institu-
tional and other spending.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011: (i) any utilization
controls on occupational therapy or phys-
ical therapy services under the Medicaid
program, including, but not limited to,
prior approval of services, utilization
thresholds or other limitations imposed on
such therapy services in relation to a
chronic condition in clinics certified
under article 28 of the public health law
or article 16 of the mental hygiene law
shall be developed by the department of
health in concurrence with the office of
mental retardation and developmental disa-
bilities; (ii) such utilization controls
shall be in accord with nationally recog-
nized professional standards and, in the
event that nationally recognized standards
do not exist, such thresholds shall be
based upon reasonably recognized profes-
sional standards of those with a specific
expertise in treating individuals served
by clinics certified under article 28 of
the public health law or article 16 of the
mental hygiene law; and (iii) prior
approval by the department of health of a
physical therapy evaluation or an occupa-
tional therapy evaluation by a qualified
practitioner practicing within the scope
of such practitioner's licensure shall not
be required; provided that the department
of health may require prior approval for
treatment as recommended by such an evalu-
ation and, in the event that prior
approval is required, and the department
of health fails to make a determination
within eight days of presentation of a
treatment request for physical or occupa-
tional therapy services, the department of
health shall automatically approve four
therapy visits; and provided, further,
that if, upon completion of such four
therapy visits, the department has not yet
rendered a determination on the request
for physical or occupational therapy
services, the department shall automat-
ically approve an additional four therapy
visits and that such subsequent automatic
approval shall be issued in the same
S. 8089 29 A. 11370
manner until such time as the department
issues a determination, but in no event
shall such approvals exceed the number of
services or the period of time recommended
by the evaluation; and provided further
that, in the case of any denial of a prior
approval request for physical therapy or
occupational therapy, the department of
health shall provide a reasonable opportu-
nity for the qualified practitioner to
provide his or her assessment of the bene-
ficiary's physical and functional status
as documented in a treatment plan with
reasonable and obtainable goals; and
provided further that, if the qualified
practitioner provides documentation that
is in accord with reasonably recognized
professional standards, the recommended
treatment plan shall be final, and the
prior approval request shall be approved.
Provided, however, if this act appropri-
ates sufficient additional funds to permit
payment under the Medicaid program for
occupational therapy and physical therapy
without the utilization control and prior
approval features described in this appro-
priation, then the provisions of this
paragraph shall not apply and shall be
considered null and void as of March 31,
2010.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, moneys paid by an appli-
cant or recipient of supplemental security
income benefits under section 209 of the
social services law or of medical assist-
ance under section 366 of such law, to a
funeral firm, funeral director, undertak-
er, cemetery, or any other person, firm or
corporation, under or in connection with
an agreement, or any option to enter into
an agreement, for the sale of merchandise
to be used in connection with a funeral or
burial, or for the furnishing of personal
services of a funeral director or under-
taker, wherein the merchandise is not to
be actually physically delivered or the
personal services are not to be rendered
until the occurrence of the death of the
person for whose funeral or burial such
merchandise or services are to be
furnished, shall be placed into an irrev-
ocable trust if the person for whose
funeral or burial such merchandise or
services are to be furnished is a family
S. 8089 30 A. 11370
member of such applicant and recipient.
Under the terms of such an irrevocable
trust, such applicant or recipient (and
after the death of such applicant or
recipient, the family member) shall have
the right to select any funeral firm,
funeral director, undertaker, cemetery or
any other person, firm or corporation to
whom such payment is made and to change
such selection any time to any type of
funeral or any funeral firm, funeral
director, cemetery or any other person,
firm or corporation to whom such payment
is made, located in the state of New York
or any other state. Any funds remaining in
such an irrevocable trust after the
payment of all funeral expenses must be
paid over to the social services official
responsible for arranging for burials
under section 141 of the social services
law in the local government subdivision
where the decedent resided. Any such
agreement, and any promotional literature
prepared by a funeral firm, funeral direc-
tor, undertaker, cemetery, or any other
person, firm or corporation for prear-
ranged funeral and burial services must
contain language disclosing the irrev-
ocable nature of burial trusts established
for a family member by an applicant or
recipient of supplemental security income
benefits or medical assistance. Provided,
however, if this act appropriates suffi-
cient additional funds to permit such
agreements purchased for family members by
applicants or recipients of supplemental
security income benefits or medical
assistance to be revocable, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 .................. 590,143,000
Notwithstanding any inconsistent provision
of law, subject to the approval of the
director of the budget, up to the amount
appropriated herein, together with any
available federal matching funds, may be
transferred to the general fund - state
purposes account for services and expenses
related to utilization review activities
including but not limited to utilization
management for radiology and transporta-
tion management services .................... 10,500,000
Notwithstanding any inconsistent provision
of law, subject to the approval of the
director of the budget, up to the amount
appropriated herein, together with any
S. 8089 31 A. 11370
available federal matching funds, may be
transferred to the general fund - state
purposes account for services and expenses
related to required criminal background
checks for non-licensed long-term care
employees including employees of nursing
homes, certified home health agencies,
long term home health care providers, AIDS
home care providers, and licensed home
care service agencies ....................... 11,705,000
Notwithstanding any inconsistent provision
of section 112 or 163 of the state finance
law or any other contrary provision of the
state finance law or any other contrary
provision of law, the commissioner of
health may, without a competitive bid or
request for proposal process, enter into
contracts with one or more certified
public accounting firms for the purpose of
conducting audits of disproportionate
share hospital payments made by the state
of New York to general hospitals and for
the purpose of conducting audits of hospi-
tal cost reports as submitted to the state
of New York in accordance with article 28
of the public health law. Notwithstanding
any inconsistent provisions of law,
subject to the approval of the director of
the budget, up to the amount appropriated
herein, together with any available feder-
al matching funds, may be transferred to
the general fund - state purposes account .... 2,300,000
Notwithstanding any inconsistent provision
of law, subject to the approval of the
director of the budget, moneys appropri-
ated herein may be transferred to the
general fund, state purposes account for
services and expenses related to the inde-
pendent audit of the internal controls of
the school and preschool supportive health
services programs as required by the New
York state school supportive health
services program compliance agreement with
the centers for medicare and medicaid
services.
Notwithstanding any inconsistent provision
of law, subject to the approval of the
director of the budget, the amount appro-
priated herein may be increased or
decreased by interchange with any appro-
priation of the department of health ........... 400,000
For services and expenses of the medical
assistance program including medical
services provided at state facilities
operated by the office of mental health,
S. 8089 32 A. 11370
the office of mental retardation and
developmental disabilities and the office
of alcoholism and substance abuse
services ................................. 3,550,000,000
--------------
Program account subtotal .............. 11,123,007,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
Medicaid Direct Account
For services and expenses for the medical
assistance program, including administra-
tive expenses for local social services
districts, pursuant to title XIX of the
federal social security act or its succes-
sor program.
The moneys hereby appropriated are to be
available for payment of aid heretofore
accrued or hereafter to accrue to munici-
palities, and to providers of medical
services pursuant to section 367-b of the
social services law, and for payment of
state aid to municipalities and to provid-
ers of family care where payment systems
through the fiscal intermediaries are not
operational, shall be available to the
department net of disallowances, refunds,
reimbursements, and credits.
Notwithstanding any other provision of law,
the money hereby appropriated may be
increased or decreased by interchange,
with any appropriation of the department
of health and the office of medicaid
inspector general and may be increased or
decreased by transfer or suballocation
between these appropriated amounts and
appropriations of the office of mental
health, office of mental retardation and
developmental disabilities, the office of
alcoholism and substance abuse services,
the department of family assistance office
of temporary and disability assistance,
office of children and family services,
and state office for the aging with the
approval of the director of the budget,
who shall file such approval with the
department of audit and control and copies
thereof with the chairman of the senate
finance committee and the chairman of the
assembly ways and means committee.
Notwithstanding any inconsistent provision
of law, in lieu of payments authorized by
the social services law, or payments of
federal funds otherwise due to the local
S. 8089 33 A. 11370
social services districts for programs
provided under the federal social security
act or the federal food stamp act, funds
herein appropriated, in amounts certified
by the state commissioner of temporary and
disability assistance or the state commis-
sioner of health as due from local social
services districts each month as their
share of payments made pursuant to section
367-b of the social services law may be
set aside by the state comptroller in an
interest-bearing account in order to
ensure the orderly and prompt payment of
providers under section 367-b of the
social services law pursuant to an esti-
mate provided by the commissioner of
health of each local social services
district's share of payments made pursuant
to section 367-b of the social services
law.
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 chap-
ter 1 of the laws of 1999, and any other
contrary provision of law, in determining
rates of payments by state governmental
agencies effective for services provided
on and after April 1, 2010 through March
31, 2011, 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 coun-
seling support services to children, for
home health care services provided pursu-
ant 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
365-a of the social services law, the
commissioner of health shall apply zero
trend factor projections attributable to
the 2010 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 2010 calendar year
shall also be applied to rates of payment
for personal care services provided in
those local social services districts,
S. 8089 34 A. 11370
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 applicable regulations,
and provided further, however, that for
rates of payment for assisted living
program services provided on and after
April 1, 2010 through March 31, 2011,
trend factor projections attributable to
the 2010 calendar year shall be estab-
lished at zero percent.
For services and expenses of the medical
assistance program including hospital
inpatient services.
Notwithstanding any inconsistent provision
of law, rule or regulation and subject to
the availability of federal financial
participation, for the period July 1, 2010
through March 31, 2011, hospital inpatient
rate adjustments shall be made in accord-
ance with regulations which the commis-
sioner of health shall promulgate in
accordance with the provisions of subpara-
graph (v) of paragraph (b) of subdivision
35 of section 2807-c of the public health
law and which shall be effective on and
after July 1, 2010 that incorporate quali-
ty related measures pertaining to poten-
tially preventable readmissions. Such
regulations shall incorporate a risk
adjusted comparison of the actual and
expected number of potentially preventable
readmissions in a given hospital with
benchmarks established by the commissioner
of health, provided, however, that the
application of such regulations shall
result in an aggregate reduction in medi-
caid payments of no less than $35,000,000
for the period July 1, 2010 through March
31, 2011, provided, however, that for the
period July 1, 2010 through March 31, 2011
such rate adjustments shall not reflect
the application of this section to behav-
ioral health readmissions.
Notwithstanding any inconsistent provision
of law, rule or regulation, hospital inpa-
tient rate adjustments made in accordance
with the methodology specified in subdivi-
sion 6 of section 2500-d of the public
health law shall be reduced by up to
$1,000,000 for the period April 1, 2010
through March 31, 2011; provided, however,
if this act provides sufficient additional
S. 8089 35 A. 11370
funding to support such rate adjustments
without the aggregate reductions, then the
provisions of this section shall be deemed
null and void as of March 31, 2010 ....... 4,435,794,000
For services and expenses of the medical
assistance program including hospital
outpatient and emergency room services ..... 982,403,000
For services and expenses of the medical
assistance program including clinic
services ................................... 928,570,000
For services and expenses of the medical
assistance program including nursing home
services.
Notwithstanding any inconsistent provision
of law or regulation to the contrary, for
the period April 1, 2010 through March 31,
2011, the commissioner of health shall not
be required to revise certified rates of
payment established pursuant to the public
health law prior to April 1, 2011, based
on consideration of rate appeals filed by
residential health care facilities pursu-
ant to section 2808 of the public health
law or based upon adjustments to capital
cost reimbursement as a result of approval
by the commissioner of health of an appli-
cation for construction under section 2802
of the public health law, in excess of
aggregate amount of $80,000,000, provided,
however, that in revising such rates with-
in such fiscal limits the commissioner
shall, in prioritizing such rate appeals
include consideration of which facilities
the commissioner determines are facing
significant financial hardship, as well as
such other considerations as the commis-
sioner deems appropriate, and, further,
the commissioner is authorized to enter
into agreements with such facilities or
any other facility to resolve multiple
pending rate appeals based upon a negoti-
ated aggregate amount and may offset such
negotiated aggregate amounts against any
amounts owed by the facility to the
department of health, including, but not
limited to, amounts owed pursuant to
section 2807-d of the public health law,
provided further, however, that such rate
adjustment made pursuant to this section
remain fully subject to approval by the
director of the budget in accordance with
the provisions of subdivision 2 of section
2807 of the public health law. Provided,
however, if this act appropriates suffi-
cient additional funds to support process-
ing of residential health care facility
S. 8089 36 A. 11370
rate appeal adjustments as otherwise
provided for in the public health law,
than the provisions of this section shall
be deemed null and void.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, a "reserved bed day" is
defined as a day for which a governmental
agency pays a residential health care
facility to reserve a bed for a person
eligible for medical assistance pursuant
to title 11 of article 5 of the social
services law while he or she is temporar-
ily hospitalized or on leave of absence
from the facility; provided further that
for reserved bed days provided on behalf
of persons 21 years of age or older: (i)
payments for reserved bed days shall be
made at 95 percent of the medicaid rate
otherwise payable to the facility for
services provided on behalf of such
person; (ii) payment to a facility for
reserved bed days provided on behalf of
such person for temporary hospitalizations
may not exceed 14 days in any 12 month
period; and (iii) payment to a facility
for reserved bed days provided on behalf
of such person for non-hospitalization
leaves of absence may not exceed 10 days
in any 12 month period. Provided, howev-
er, if this act appropriates sufficient
additional funds to permit payment for
reserved bed days to be made at the full
medicaid rate otherwise payable to the
facility for services provided on behalf
of such person, and to not restrict
payments for reserved bed days to such 14
day and 10 day limitations, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010.
Notwithstanding any inconsistent provision
of law, for the period April 1, 2010
through March 31, 2011, residential health
care facility medicaid rates of payment
shall not include reimbursement for the
cost of prescription drugs. Such
reimbursement shall be in accordance with
otherwise applicable provisions of section
367-a of the social services law ......... 3,796,384,000
For services and expenses of the medical
assistance program including other long
term care services.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
S. 8089 37 A. 11370
ry, for the period April 1, 2010 through
March 31, 2011, for purposes of operating
the long term care assessment center
demonstration program pursuant to section
367-w of the social services law, the
department of health shall designate one
or more long-term care assessment centers
to be established in and together serve an
entire county within the city of New York
and shall designate a long term care
assessment center to be established in
another region consisting of one or more
contiguous counties elsewhere in the
state. Provided, however, if this act
appropriates sufficient additional funds
to support operation of the long term care
assessment center demonstration program
through one assessment center in a county
within the city of New York, then the
provisions of this appropriation shall be
deemed null and void.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, continued provision of
long term home health care program, AIDS
home care program or certified home health
agency services paid for by government
funds shall be based upon a comprehensive
assessment of the medical, social and
environmental needs of the recipient of
the services which shall be performed at
least every 180 days by the provider of a
long term home health care program, AIDS
home care program or the certified home
health agency providing services for the
patient and the local department of social
services; provided, however, if this act
appropriates sufficient additional funds
to require that such assessments be
performed no less frequently than once
every 120 days, then the provisions of
this paragraph shall not apply and shall
be considered null and void as of March
31, 2010 ................................. 3,248,511,000
For services and expenses of the medical
assistance program including managed care
services ................................. 4,806,689,000
For services and expenses of the medical
assistance program including pharmacy
services.
Notwithstanding any law, rule or regulation
to the contrary, for the period April 1,
2010 through March 31, 2011, the commis-
sioner of health shall provide five days
public notice on the department's website
S. 8089 38 A. 11370
of any recommendations developed by the
pharmacy and therapeutics committee
regarding the preferred drug program;
provided however that, if this act appro-
priates sufficient additional funds to
permit the commissioner to provide thirty
days public notice on the department's
website of any such recommendations, the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 ................ 2,525,100,000
For services and expenses of the medical
assistance program including transporta-
tion services.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, the commissioner of health
is authorized to assume responsibility
from a local social services official for
the provision and reimbursement of Medi-
caid transportation costs under section
365-h of the social services law. Such
services, whether managed by the local
social services official or the commis-
sioner of health, shall be provided in a
safe, timely, and reliable manner by
providers that comply with state and local
regulatory requirements, and shall meet
consumer satisfaction criteria approved by
the commissioner of health. If the commis-
sioner elects to assume such responsibil-
ity, the commissioner shall notify the
local social services official in writing
as to the election, the date upon which
the election shall be effective and such
information as to transition of responsi-
bilities as the commissioner deems
prudent. The commissioner is authorized
to contract with a transportation manager
or managers to manage transportation
services in any local social services
district. Any transportation manager or
managers selected by the commissioner to
manage transportation services shall have
proven experience in coordinating trans-
portation services in a geographic and
demographic area similar to the area in
New York state within which the contractor
would manage the provision of such
services. Such a contract or contracts may
include, responsibility for: review,
approval and processing of transportation
orders; management of the appropriate
level of transportation based on docu-
mented patient medical need; and develop-
S. 8089 39 A. 11370
ment of new technologies leading to effi-
cient transportation services. If the
commissioner elects to assume such respon-
sibility from a local social services
district the commissioner shall examine
and, if appropriate, adopt quality assur-
ance measures that may include, but are
not limited to, global positioning track-
ing system reporting requirements and
service verification mechanisms. Any and
all reimbursement rates developed by
transportation managers under this para-
graph shall be subject to the review and
approval of the commissioner. Notwith-
standing any inconsistent provision of
sections 112 and 163 of the state finance
law, or section 142 of the economic devel-
opment law, or any other law, the commis-
sioner is authorized to enter into a
contract or contracts without a compet-
itive bid or request for proposal process,
provided, however, that the department
shall post on its website, for a period of
no less than 30 days: (i) a description
of the proposed services to be provided
pursuant to the contract or contracts;
(ii) the criteria for selection of a
contractor or contractors; (iii) the peri-
od of time during which a prospective
contractor may seek selection, which shall
be no less than 30 days after such infor-
mation is first posted on the website;
(iv) and the manner by which a prospective
contractor may seek such selection, which
may include submission by electronic
means; and provided, further, that all
reasonable and responsive submissions that
are received from prospective contractors
in a timely fashion shall be reviewed by
the commissioner; and provided, further,
that the commissioner shall select such
contractor or contractors that, in his or
her discretion, are best suited to serve
the purposes of this appropriation.
Provided, however, if this act appropri-
ates sufficient additional funds to permit
local social services officials to main-
tain responsibility for management of
Medicaid transportation services without
assumption of such responsibility by the
commissioner of health, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 .................. 223,287,000
For services and expenses of the medical
S. 8089 40 A. 11370
assistance program including dental
services ................................... 150,987,000
For services and expenses of the medical
assistance program including noninstitu-
tional and other spending.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011: (i) any utilization
controls on occupational therapy or phys-
ical therapy services under the Medicaid
program, including, but not limited to,
prior approval of services, utilization
thresholds or other limitations imposed on
such therapy services in relation to a
chronic condition in clinics certified
under article 28 of the public health law
or article 16 of the mental hygiene law
shall be developed by the department of
health in concurrence with the office of
mental retardation and developmental disa-
bilities; (ii) such utilization controls
shall be in accord with nationally recog-
nized professional standards and, in the
event that nationally recognized standards
do not exist, such thresholds shall be
based upon reasonably recognized profes-
sional standards of those with a specific
expertise in treating individuals served
by clinics certified under article 28 of
the public health law or article 16 of the
mental hygiene law; and (iii) prior
approval by the department of health of a
physical therapy evaluation or an occupa-
tional therapy evaluation by a qualified
practitioner practicing within the scope
of such practitioner's licensure shall not
be required; provided that the department
of health may require prior approval for
treatment as recommended by such an evalu-
ation and, in the event that prior
approval is required, and the department
of health fails to make a determination
within eight days of presentation of a
treatment request for physical or occupa-
tional therapy services, the department of
health shall automatically approve four
therapy visits; and provided, further,
that if, upon completion of such four
therapy visits, the department has not yet
rendered a determination on the request
for physical or occupational therapy
services, the department shall automat-
ically approve an additional four therapy
visits and that such subsequent automatic
approval shall be issued in the same
S. 8089 41 A. 11370
manner until such time as the department
issues a determination, but in no event
shall such approvals exceed the number of
services or the period of time recommended
by the evaluation; and provided further
that, in the case of any denial of a prior
approval request for physical therapy or
occupational therapy, the department of
health shall provide a reasonable opportu-
nity for the qualified practitioner to
provide his or her assessment of the bene-
ficiary's physical and functional status
as documented in a treatment plan with
reasonable and obtainable goals; and
provided further that, if the qualified
practitioner provides documentation that
is in accord with reasonably recognized
professional standards, the recommended
treatment plan shall be final, and the
prior approval request shall be approved.
Provided, however, if this act appropri-
ates sufficient additional funds to permit
payment under the Medicaid program for
occupational therapy and physical therapy
without the utilization control and prior
approval features described in this appro-
priation, then the provisions of this
paragraph shall not apply and shall be
considered null and void as of March 31,
2010.
Notwithstanding any inconsistent provision
of law, rule or regulation to the contra-
ry, for the period April 1, 2010 through
March 31, 2011, moneys paid by an appli-
cant or recipient of supplemental security
income benefits under section 209 of the
social services law or of medical assist-
ance under section 366 of such law, to a
funeral firm, funeral director, undertak-
er, cemetery, or any other person, firm or
corporation, under or in connection with
an agreement, or any option to enter into
an agreement, for the sale of merchandise
to be used in connection with a funeral or
burial, or for the furnishing of personal
services of a funeral director or under-
taker, wherein the merchandise is not to
be actually physically delivered or the
personal services are not to be rendered
until the occurrence of the death of the
person for whose funeral or burial such
merchandise or services are to be
furnished, shall be placed into an irrev-
ocable trust if the person for whose
funeral or burial such merchandise or
services are to be furnished is a family
S. 8089 42 A. 11370
member of such applicant and recipient.
Under the terms of such an irrevocable
trust, such applicant or recipient (and
after the death of such applicant or
recipient, the family member) shall have
the right to select any funeral firm,
funeral director, undertaker, cemetery or
any other person, firm or corporation to
whom such payment is made and to change
such selection any time to any type of
funeral or any funeral firm, funeral
director, cemetery or any other person,
firm or corporation to whom such payment
is made, located in the state of New York
or any other state. Any funds remaining in
such an irrevocable trust after the
payment of all funeral expenses must be
paid over to the social services official
responsible for arranging for burials
under section 141 of the social services
law in the local government subdivision
where the decedent resided. Any such
agreement, and any promotional literature
prepared by a funeral firm, funeral direc-
tor, undertaker, cemetery, or any other
person, firm or corporation for prear-
ranged funeral and burial services must
contain language disclosing the irrev-
ocable nature of burial trusts established
for a family member by an applicant or
recipient of supplemental security income
benefits or medical assistance. Provided,
however, if this act appropriates suffi-
cient additional funds to permit such
agreements purchased for family members by
applicants or recipients of supplemental
security income benefits or medical
assistance to be revocable, then the
provisions of this paragraph shall not
apply and shall be considered null and
void as of March 31, 2010 ................ 4,300,376,000
Notwithstanding any inconsistent provision
of section 112 or 163 of the state finance
law or any other contrary provision of the
state finance law or any other contrary
provision of law, the commissioner of
health may, without a competitive bid or
request for proposal process, enter into
contracts with one or more certified
public accounting firms for the purpose of
conducting audits of disproportionate
share hospital payments made by the state
of New York to general hospitals and for
the purpose of conducting audits of hospi-
tal cost reports as submitted to the state
of New York in accordance with article 28
S. 8089 43 A. 11370
of the public health law. Notwithstanding
any inconsistent provisions of law,
subject to the approval of the director of
the budget, up to the amount appropriated
herein ....................................... 2,300,000
For services and expenses of the medical
assistance program including medical
services provided at state facilities
operated by the office of mental health,
the office of mental retardation and
developmental disabilities and the office
of alcoholism and substance abuse
services ................................. 3,550,000,000
For services and expenses of the medical
assistance program including hospital
inpatient, hospital outpatient and emer-
gency room, clinic, nursing home, other
long term care, managed care, pharmacy,
transportation, dental, non-institutional
and other spending, medical services
provided at state facilities operated by
the office of mental health, the office of
mental retardation and developmental disa-
bilities and the office of alcoholism and
substance abuse services and for any other
medical assistance services resulting from
an increase in the federal medical assist-
ance percentage pursuant to the American
Recovery and Reinvestment Act. Funds
appropriated herein shall be subject to
all applicable reporting and accountabil-
ity requirements contained in such act ... 5,667,000,000
--------------
Program account subtotal .............. 34,617,401,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Medical Assistance Account
For the purpose of making payments, the
money hereby appropriated is available for
payment of aid heretofore accrued or here-
after accrued, to providers of medical
care pursuant to section 367-b of the
social services law, and for payment of
state aid to municipalities and the feder-
al government where payment systems
through fiscal intermediaries are not
operational, to reimburse such providers
for costs attributable to the provision of
care to patients eligible for medical
assistance.
For services and expenses related to the
medical assistance program ................. 130,100,000
For services and expenses of the medical
S. 8089 44 A. 11370
assistance program related to the treat-
ment of breast and cervical cancer ........... 2,100,000
For services and expenses of the medical
assistance program related to primary care
case management. All or a portion of this
appropriation may be transferred to state
operations appropriations .................... 2,000,000
For services and expenses of the medical
assistance program related to disabled
persons ..................................... 23,500,000
For services and expenses of the medical
assistance program related to physician
services .................................... 85,200,000
For services and expenses of the medical
assistance program related, but not limit-
ed to, pharmacy, inpatient, and nursing
home services ............................ 1,475,081,000
For services and expenses of the medical
assistance program related to the city of
New York ................................... 124,700,000
For services and expenses of the medical
assistance program related to providing
distributions for supplemental medical
insurance for medicare part B premiums,
physician services, outpatient services,
medical equipment, supplies and other
health services ............................. 68,000,000
For services and expenses of the medical
assistance program related to the family
health plus program ........................ 590,900,000
For services and expenses of the medical
assistance program related to providing
financial assistance to residential health
care facilities ............................. 15,000,000
For services and expenses of the medical
assistance program related to free-stand-
ing diagnostic and treatment center rate
increases for recruitment and retention of
health care workers ............................ 900,000
For services and expenses of the medical
assistance program related to supporting
workforce recruitment and retention of
personal care services or any worker with
direct patient care responsibility for
local social service districts which
include a city with a population of over
one million persons ........................ 136,000,000
For services and expenses of the medical
assistance program related to supporting
workforce recruitment and retention of
personal care services for local social
service districts that do not include a
city with a population of over one million
persons ..................................... 11,200,000
For services and expenses of the medical
assistance program related to supporting
S. 8089 45 A. 11370
rate increases for certified home health
agencies, long term home health care
programs, AIDS home care programs, hospice
programs, managed long term care plans and
approved managed long term care operating
demonstrations for recruitment and
retention of health care workers ............ 50,000,000
--------------
Program account subtotal ............... 2,714,681,000
--------------
Special Revenue Funds - Other / Aid to Localities
HCRA Resources Fund - 061
Indigent Care Account
For the purpose of making payments to
providers of medical care pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities where payment systems through
fiscal intermediaries are not operational,
to reimburse such providers for costs
attributable to the provision of care to
patients eligible for medical assistance.
Payments from this appropriation to gener-
al hospitals related to indigent care
pursuant to article 28 of the public
health law respectively, when combined
with federal funds for services and
expenses for the medical assistance
program pursuant to title XIX of the
federal social security act or its succes-
sor program, shall equal the amount of the
funds received related to health care
reform act allowances and surcharges
pursuant to article 28 of the public
health law and deposited to this account
less any such amounts withheld pursuant to
subdivision 21 of section 2807-c of the
public health law.
Notwithstanding any contrary provision of
law and subject to the availability of
federal financial participation, for the
period July 1, 2010 through December 31,
2010, distributions pursuant to sections
2807-k and 2807-w of the public health law
shall reflect an aggregate reduction of
sixty-nine million four hundred thousand
dollars, based on the proportions of each
hospital's indigent care allocations to
the total allocations of all hospitals'
indigent care allocations prior to appli-
cation of this reduction, provided, howev-
er, that such reductions shall not be
applied to distributions to major public
hospitals, including major public hospi-
S. 8089 46 A. 11370
tals operated by public benefit corpo-
rations, and shall also not be applied to
distributions made pursuant to subpara-
graphs (ii), (iii) or (iv) of paragraph
(b) of subdivision 5-b of section 2807-k
of the public health law, and provided
further, however, that payments made
pursuant to this section shall not be
included as gross revenue for purposes
under paragraph (d) of subdivision 18 of
section 2807-c of the public health law
and, further, shall not be included as
gross receipts for purposes under para-
graph (a) of subdivision 3 of section
2807-d of the public health law. Provided,
however, if this act appropriates suffi-
cient additional funding to support indi-
gent care payments to general hospitals as
otherwise provided for in sections 2807-k
and 2807-w of the public health law then
the provisions of this section shall be
deemed null and void as of June 30, 2010.
Notwithstanding any inconsistent provision
of subdivision 35 of section 2807-c of the
public health law or any other contrary
provision of law and subject to the avail-
ability of federal financial partic-
ipation, for the period July 1, 2010
through March 31, 2011 the commissioner
shall make additional inpatient hospital
payments up to the aggregate upper payment
limit for inpatient hospital services
after all other medical assistance
payments, but not to exceed two hundred
thirty-five million five hundred thousand
dollars for the period July 1, 2010
through March 31, 2011 to general hospi-
tals, other than major public general
hospitals, providing emergency room
services and including safety net hospi-
tals, which shall, for the purpose of this
paragraph, be defined as having either: a
Medicaid share of total inpatient hospital
discharges of at least thirty-five
percent, including both fee-for-service
and managed care discharges for acute and
exempt services; or a Medicaid share of
total discharges of at least thirty
percent, including both fee-for-service
and managed care discharges for acute and
exempt services, and also providing
obstetrical services. Eligibility to
receive such additional payments shall be
based on data from the period two years
prior to the rate year, as reported on the
institutional cost report submitted to the
S. 8089 47 A. 11370
department of health as of October 1 of
the prior rate year. Such payments shall
be made as medical assistance payments for
fee-for-service inpatient hospital
services pursuant to title 11 of article 5
of the social services law for patients
eligible for federal financial partic-
ipation under title XIX of the federal
social security act and in accordance with
the following:
(1) Thirty percent of such payments shall be
allocated to safety net hospitals based on
each eligible hospital's proportionate
share of all eligible safety net hospi-
tals' Medicaid discharges for inpatient
hospital services, including both Medicaid
fee-for-service and managed care
discharges for acute and exempt services,
based on data from the period two years
prior to the rate year, as reported on the
institutional cost report submitted to the
department of health as of October 1 of
the prior rate year;
(2) Seventy percent of such payments shall
be allocated to eligible general hospitals
based on each such hospital's propor-
tionate share of all eligible hospitals'
Medicaid discharges for inpatient hospital
services, including both Medicaid fee-for-
service and managed care discharges for
acute and exempt services, based on data
from the period two years prior to the
rate year, as reported on the institu-
tional cost report submitted to the
department of health as of October 1 of
the prior rate year;
(3) No eligible general hospital's annual
payment amount pursuant to this appropri-
ation shall exceed the lower of the sum of
the annual amounts due that hospital
pursuant to sections 2807-k and 2807-w of
the public health law; or the hospital's
facility specific projected dispropor-
tionate share hospital payment ceiling
established pursuant to federal law,
provided, however, that payment amounts to
eligible hospitals pursuant to subdivi-
sions (1) and (2) of this appropriation in
excess of the lower of such sum or payment
ceiling shall be reallocated to eligible
hospitals that do not have excess payment
amounts. Such reallocations shall be
proportional to each such hospital's
aggregate payment amount pursuant to
subdivisions (1) and (2) of this appropri-
S. 8089 48 A. 11370
ation to the total of all payment amounts
for such eligible hospitals;
(4) Subject to the availability of federal
financial participation and in conformance
with all applicable federal statutes and
regulations, payments made pursuant to
this appropriation shall be made as upper
payment limit payments and, further, such
payments shall be made as aggregate month-
ly payments to eligible general hospitals
and provided further, however, that
payments made pursuant to this subdivision
shall not in any event be available for
periods after the last day of the calendar
year during which enhanced federal medi-
caid assistance percentages (FMAP)
payments to general hospitals in the state
of New York pursuant to section five thou-
sand one of the federal American Recovery
and Reinvestment Act of 2009, or pursuant
to an otherwise applicable federal law,
cease to be available, provided, however,
that the department will in conjunction
with hospital representatives review the
impact associated with the expiration of
such funding availability no later then
sixty days prior to such expiration;
(5) In the event that the commissioner of
health determines that federal financial
participation will not be available for
aggregate payments made in accordance with
subdivision (4) of this appropriation,
payments pursuant to this appropriation
shall be included as rate add-ons to
medical assistance inpatient rates of
payment established pursuant to subdivi-
sion 35 of section 2807-c of the public
health law based on data from the period
two years prior to the rate year, as
reported on the institutional cost report
submitted to the department of health as
of October 1 of the prior rate year,
provided, however, that if such payments
are made as rate add-ons, the commissioner
of health shall establish a procedure to
reconcile payment amounts to reflect
changes in medical assistance utilization
from the period two years prior to the
rate year and the actual rate year based
on data as reported on each hospital's
annual institutional cost report for the
respective rate year, as submitted to the
department of health as of October 1 of
the year following the rate year;
(6) Notwithstanding any other law, rule or
regulation to the contrary, projections of
S. 8089 49 A. 11370
each general hospital's disproportionate
share limitations as computed by the
commissioner of health pursuant to appli-
cable regulations shall be adjusted to
reflect any additional revenue received or
anticipated to be received by each such
general hospital pursuant to this appro-
priation;
(7) For each hospital receiving payments
pursuant to subdivisions (1) through (5)
of this appropriation, the commissioner of
health shall reduce the sum of any amounts
paid pursuant to sections 2807-k and
2807-w of the public health law, as
computed based on projected facility
specific disproportionate share hospital
ceilings, by an amount equal to the lower
of such sum or each such hospital's
payments pursuant to subdivisions (1)
through (5) of this appropriation,
provided, however, that any additional
aggregate reductions enacted in a chapter
of the laws of 2010 to the aggregate
amounts payable pursuant to sections
2807-k and 2807-w of the public health law
shall be applied subsequent to the adjust-
ments otherwise provided for in this
subdivision;
(8) Provided, however, if this act appropri-
ates sufficient additional funding to
support indigent care payments to general
hospitals as otherwise provided for in
sections 2807-k and 2807-w of the public
health law then the provisions of this
appropriation shall be deemed null and
void as of June 30, 2010 ................... 875,400,000
--------------
Program account subtotal ................. 875,400,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
Medical Assistance Account
For the purpose of making payments to
providers of medical care pursuant to
section 367-b of the social services law,
and for payment of state aid to munici-
palities and the federal government where
payment systems through fiscal interme-
diaries are not operational, to reimburse
such providers for costs attributable to
the provision of care to patients eligible
for medical assistance.
S. 8089 50 A. 11370
For services and expenses of the medical
assistance program including nursing home,
personal care, certified home health agen-
cy, long term home health care program and
hospital services .......................... 749,800,000
--------------
Program account subtotal ................. 749,800,000
--------------
S 12. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE BENEFIT PROGRAM ..................... 195,000,000
--------------
Enterprise Funds / State Operations
Unemployment Insurance Benefit Fund - 481
For payment of unemployment insurance bene-
fits pursuant to article 18 of the labor
law or as authorized by the Federal
government through the disaster unemploy-
ment assistance program .................... 195,000,000
--------------
S 13. Section 12 of chapter 106 of the laws of 2010, relating to
making appropriations for the support of government, is amended to read
as follows:
S 12. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Federal Capital Projects Fund
Water Resources Purpose
The sum of five million six thousand dollars ($5,006,000), or so much
thereof as shall be sufficient to accomplish the purpose designated, is
hereby appropriated for contracts approved for purposes for which the
legislature authorized the expenditures of money during the 2009-2010
fiscal year. An amount up to five million six thousand dollars
($5,006,000) shall be available for the payment by the state of federal
capitalization grants for the water pollution control revolving fund, as
funded by the American Recovery and Reinvestment Act of 2009 incurred in
the ordinary course of business [during the period from] AFTER April 1
[through June 6], 2010 for contracts approved [during the period from]
ON OR AFTER April 1 [through June 6], 2010, provided, however, that
nothing contained herein shall be deemed to limit or restrict the power
or authority of state departments or agencies to conduct their activ-
S. 8089 51 A. 11370
ities or operations in accordance with existing law, and further
provided that nothing contained herein shall be deemed to supersede,
nullify, or modify the provisions of section 40 of the state finance law
prescribing when appropriations made for the 2009-2010 fiscal year shall
have ceased to have force and effect. Funds appropriated herein shall be
subject to all applicable reporting and accountability requirements
contained in such act ........................................ 5,006,000
==============
S 14. The several amounts specified in this section, or so much there-
of as shall be sufficient to accomplish the purposes designated, are
hereby appropriated and authorized to be paid as hereinafter provided,
to the respective public officers and for the several purposes speci-
fied, which amounts shall be available for the state fiscal year begin-
ning April 1, 2010.
DEPARTMENT OF MENTAL HYGIENE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
COMMUNITY SERVICES PROGRAM .................................. 34,200,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
For services and expenses related to the
provision of individual support services ..... 2,000,000
For services and expenses related to the
provision of family support services to
the developmentally disabled ................. 5,200,000
--------------
Program account subtotal ................... 7,200,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
Mental Hygiene Patient Income Account
For services and expenses related to the
provision of residential services to the
developmentally disabled ..................... 2,000,000
--------------
Program account subtotal ................... 2,000,000
--------------
Special Revenue Funds - Other / Aid to Localities
Miscellaneous Special Revenue Fund - 339
OMRDD - Provider of Service Account
For services and expenses related to mental
retardation and developmental disabilities
services associated with the New York
state options for people through services
(NYS-OPTS) initiative, in accordance with
S. 8089 52 A. 11370
a programmatic and fiscal plan to be
approved by the director of the budget.
Notwithstanding any provision of law to the
contrary, the director of the budget is
authorized to make suballocations from
this appropriation to the department of
health medical assistance program.
Notwithstanding any other provision of law,
the money hereby appropriated may be
transferred to state operations and/or any
appropriation of the office of mental
retardation and developmental disabili-
ties, with the approval of the director of
the budget who shall file such approval
with the department of audit and control
and copies thereof with the chairman of
the senate finance committee and the
chairman of the assembly ways and means
committee.
Notwithstanding any provision of law to the
contrary, the moneys hereby appropriated,
or so much thereof as may be necessary,
are to be available for the purposes here-
in specified for obligations heretofore
accrued or hereafter to accrue .............. 25,000,000
--------------
Program account subtotal .................. 25,000,000
--------------
S 15. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
public officers and for the purpose specified, which amount shall be
available for the state fiscal year beginning April 1, 2010.
EDUCATION DEPARTMENT
ELEMENTARY, MIDDLE, SECONDARY AND CONTINUING EDUCATION
PROGRAM .................................................. 491,300,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
The sum of four hundred ninety-one million three hundred thousand
dollars ($491,300,000), or so much thereof as shall be sufficient to
accomplish the purpose designated, is hereby appropriated to the state
education department out of any moneys in the general fund to the credit
of the local assistance account not otherwise appropriated. The comp-
troller is hereby authorized and directed to utilize this appropriation
for the purpose of making mandated payments for the state fiscal year
beginning April 1, 2010 for the 2009-2010 school year for general
support for public schools, pursuant to section 3609-b of the education
law. Notwithstanding any other provision of law to the contrary, in the
event the director of the budget determines that there are insufficient
state funds to make all payments calculated by the commissioner of
S. 8089 53 A. 11370
education pursuant to section 3609-b of the education law, the commis-
sioner shall make payments on a prorated basis amongst all school
districts scheduled to receive an unpaid balance of a payment pursuant
to such provisions based on a plan approved by the director of the budg-
et. Notwithstanding any provision of law to the contrary, all moneys
paid pursuant to section 3609-b of the education law shall be due and
payable on or before June 30, 2010 within amounts appropriated therefor
............................................................ 491,300,000
==============
S 16. The amount specified in this section, or so much thereof as
shall be sufficient to accomplish the purpose designated, is hereby
appropriated and authorized to be paid as hereinafter provided, to the
respective public officers and for the purpose specified, which amount
shall be available for the state fiscal year beginning April 1, 2010.
DEPARTMENT OF AGRICULTURE AND MARKETS
AGRICULTURAL BUSINESS SERVICES PROGRAM ....................... 1,631,000
--------------
General Fund / Aid to Localities
Local Assistance Account - 001
The sum of one million six hundred thirty-
one thousand dollars ($1,631,000), or so
much thereof as shall be sufficient to
accomplish the purpose designated, is
hereby appropriated for a contract
approved for purposes for which the legis-
lature authorized the expenditures of
money during the 2009-2010 fiscal year. An
amount up to one million six hundred thir-
ty-one thousand dollars shall be available
for payment to the New York federation of
growers and processors agribusiness child
development program for liabilities
incurred in the ordinary course of busi-
ness during the period from April 1
through June 30, 2010 for a contract
approved during the period April 1 through
June 30, 2010 ................................ 1,631,000
--------------
Program account subtotal ................... 1,631,000
--------------
S 17. No expenditure may be made from any appropriation in this act,
until a certificate of approval has been issued by the director of the
budget and a copy of such certificate shall have been filed with the
state comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee provided, however,
that any expenditures from any appropriation in this act made by the
legislature or judiciary shall not require such certificate.
S 18. All expenditures and disbursements made against the appropri-
ations in this act shall, upon final action by the legislature on appro-
S. 8089 54 A. 11370
priation bills submitted by the governor pursuant to article VII of the
state constitution for the support of government for the state fiscal
year beginning April 1, 2010, be transferred by the comptroller as
expenditures and disbursements to such appropriations for all state
departments, agencies, the legislature and the judiciary, as applicable,
in amounts equal to the amounts charged against the appropriations in
this act for each such department, agency, the legislature and the judi-
ciary.
S 19. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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 20. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that upon the transfer of expenditures and disbursements by the
comptroller as provided in section eighteen of this act, the appropri-
ations made by this act and subject to such section shall be deemed
repealed.