LBD12560-02-1
S. 2806 2 A. 4006
to be distributed or otherwise expended by
the state pursuant to section 186-f of the
tax 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 12.5 percent of such amount ...........
................................ 4,650,000
For expenses of local wireless public safety
answering points associated with eligible
wireless 911 service costs, including but
not limited to financing and acquisition
costs. Notwithstanding any other provision
of law to the contrary, for state fiscal
year 2010-2011 the liability of the state
and the amount to be distributed or other-
wise expended by the state pursuant to
section 186-f of the tax 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 12.5 percent
of such amount ................. 4,650,000
--------------
Program account subtotal ..... 9,300,000
--------------
S 2. Section 1 of chapter 54 of the laws of 2010, enacting the health
and mental hygiene budget, is amended by repealing the items hereinbelow
set forth in brackets and by adding to such section the other items
underscored in this section.
HEALTH AND MENTAL HYGIENE BUDGET
OFFICE FOR THE AGING
STATE OPERATIONS AND AID TO LOCALITIES 2010-11
COMMUNITY SERVICES PROGRAM ................. [225,259,000] 228,259,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Health and Human Services Fund - 265
For programs provided under the titles of
the federal older Americans act and other
health and human services programs.
Title III-b social services ..... 26,000,000
Title III-c nutrition programs, including a
suballocation to the department of health
for nutrition program activities .........
............................... 41,000,000
Title III-e caregivers .......... 12,000,000
Health and human services programs .........
.............................. [7,000,000] 8,000,000
Nutrition services incentive program .......
............................... 16,000,000
For purposes of Congregate Nutritional
S. 2806 3 A. 4006
Services funded by the American recovery
and reinvestment act of 2009. Funds appro-
priated herein shall be subject to all
applicable reporting and accountability
requirements contained in such act .......
................................ 2,350,000
For purposes of Home-Delivered Nutritional
Services funded by the American recovery
and reinvestment act of 2009. Funds appro-
priated herein shall be subject to all
applicable reporting and accountability
requirements contained in such act .......
................................ 1,135,000
--------------
Program fund subtotal .... [105,485,000] 106,485,000
--------------
Special Revenue Funds - Federal / Aid to Localities
Federal Operating Grants Fund - 290
Senior Community Service Employment Account
For the senior community service employment
program provided under title V of the
federal older Americans act .. [7,000,000] 9,000,000
For the senior community service employment
program provided under title V of the
federal older Americans act funded by the
American recovery and reinvestment act of
2009. Funds appropriated herein shall be
subject to all applicable reporting and
accountability requirements contained in
such act ......................... 900,000
--------------
Program account subtotal ... [7,900,000] 9,900,000
--------------
Total new appropriations for state operations and aid to
localities ............................ [239,609,400] 242,609,400
==============
S 3. Section 1 of chapter 55 of the laws of 2010, enacting the trans-
portation, economic development and environmental conservation budget,
is amended by repealing the items hereinbelow set forth in brackets and
by adding to such section the other items underscored in this seciton.
TRANSPORTATION, ECONONMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION
BUDGET
DIVISION OF TAX APPEALS
STATE OPERATIONS AND AID TO LOCALITIES 2010-11
ADMINISTRATION PROGRAM ....................... [3,053,000] 3,154,000
--------------
General Fund / State Operations
State Purposes Account - 003
S. 2806 4 A. 4006
PERSONAL SERVICE
Personal service--regular ...... [2,676,000] 2,777,000
Temporary service ................... 10,000
--------------
Amount available for personal service ....
............................ [2,686,000] 2,787,000
--------------
NONPERSONAL SERVICE
Supplies and materials .............. 27,100
Travel .............................. 19,700
Contractual services ............... 257,000
Equipment ........................... 63,200
--------------
Amount available for nonper-
sonal service .................. 367,000
--------------
Total new appropriations for state operations and aid to
localities ............................... [3,053,000] 3,154,000
==============
S 4. Section 11 of chapter 108 of the laws of 2010, making appropri-
ations for the support of government, is amended by repealing the items
herein below set forth in brackets and by adding to such section the
other items underscored in this section.
DEPARTMENT OF HEALTH
CENTER FOR COMMUNITY HEALTH PROGRAM ........ [512,727,000] 518,977,000
--------------
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
S. 2806 5 A. 4006
leading United States tobacco product
manufacturers, except in the case of a
public health emergency, as determined by
the commissioner of health.
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] 291,013,000
--------------
Program account subtotal ...............
........................ [481,235,000] 487,485,000
--------------
ELDERLY PHARMACEUTICAL INSURANCE COVERAGE
PROGRAM .................... [328,350,000] 380,350,000
--------------
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
S. 2806 6 A. 4006
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
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
S. 2806 7 A. 4006
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 .... [125,800,000] 177,800,000
--------------
Program account subtotal ...............
........................ [125,800,000] 177,800,000
--------------
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.