Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 31, 2014 |
signed chap.58 delivered to governor returned to senate passed assembly ordered to third reading rules cal.33 substituted for a8558d referred to ways and means delivered to assembly passed senate ordered to third reading cal.375 |
Mar 28, 2014 |
print number 6358d |
Mar 28, 2014 |
amend (t) and recommit to finance |
Mar 14, 2014 |
print number 6358c |
Mar 14, 2014 |
amend (t) and recommit to finance |
Feb 21, 2014 |
print number 6358b |
Feb 21, 2014 |
amend (t) and recommit to finance |
Feb 12, 2014 |
print number 6358a |
Feb 12, 2014 |
amend and recommit to finance |
Jan 21, 2014 |
referred to finance |
Senate Bill S6358D
Signed By Governor2013-2014 Legislative Session
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2014-2015 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2014
aye (61)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Golden
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
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Mar 31, 2014 - Finance Committee Vote
S6358D29Aye0Nay8Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2013-S6358 - Details
2013-S6358 - Summary
Relates to expanding the description of certain services which are not prohibited by statutes governing the practice of nursing (Part A); amends part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part B); amends chapter 111 of the laws of 2010 relating to the recovery of exempt income by the office of mental health for community residences and family-based treatment programs, in relation to the effectiveness thereof (Part C); amends the mental hygiene law, in relation to the creation of the managed care for persons with developmental disabilities advocacy program (Part D)
2013-S6358 - Sponsor Memo
BILL NUMBER:S6358 TITLE OF BILL: An act to amend the public health law, in relation to state aid to counties and New York City for provision of prenatal health care services to uninsured women; to amend the public health law, in relation to simplifying consent for HIV testing; to amend the public health law, in relation to authorization for data sharing with providers for purposes of patient linkage and retention in care; to amend the public health law, in relation to the board member composition for the health research science board; to amend the public health law, in relation to the health research science board meeting requirements; to amend the state finance law, in relation to the New York state prostate cancer research, detection and education fund; to amend the public health law and the public authorities law, in relation to a capital restructuring finance program; to amend the public health law, in relation to the health care restructuring loan pool; to amend the public health law and the public authorities law, in relation to establishing a private equity pilot program; to amend the public health law, in relation to streamlining the certificate of need process for hospitals and diagnostic and treatment clinics providing primary care; to amend the public health law, in relation to the establishment and operation of limited services clinics; to amend the public health law, in relation to standardizing urgent care centers; to amend the public health law, in relation to enhanced oversight of office-based surgery; to amend the public health law, in relation to the statutory authority of updated diagnostic and
treatment centers; to amend the public health law and the state finance law, in relation to the operation of the New York State donate life registry; to amend chapter 465 of the laws of 2012 amending the public health law and the vehicle and traffic law relating to establishing Lauren's law, in relation to the effectiveness thereof; to amend the social services law and the public health law, in relation to streamlining the application process for adult care facilities and assisted living residences; to amend the public health law, in relation to the long term home health care program; to amend the public health law, in relation to resident working audits; to amend chapter 58 of the laws of 2008 amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, in relation to the effectiveness thereof; to repeal certain provisions of the public health law relating thereto; and to repeal subdivision 9 of section 2803 of the public health law, relating to reports to the commissioner by general hospitals regarding working conditions and limits on working hours for certain members of the hospital's staff (Part A); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; to amend the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; to amend the public health law, in relation to the distribution of pool allocations and graduate medical education; to amend chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; to amend the public health law, in relation to health care initiative pool distributions; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, in relation to the effectiveness of such chapter; to amend chapter 520 of the laws of 1978 relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, in relation to extending the effectiveness of portions thereof; to amend the public health law, in relation to extending access to community health care services in rural areas; to amend the public health law, in relation to rates of payment for personal care service providers; to amend the public health law, in relation to the assessment on covered lives; to amend the public health law, in relation to the comprehensive diagnostic and treatment centers indigent care program; to amend the public health law, in relation to general hospital indigent pool and general hospital inpatient reimbursement rates; to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending the applicability of certain provisions thereof; and to amend chapter 63 of the laws of 2001 amending chapter 20 of the laws of 2001 amending the military law and other laws relating to making appropriations for the support of government, in relation to extending the applicability of certain provisions thereof (Part B); to amend the social services law, in relation to eliminating prescriber prevails for brand name drugs with generic equivalents; to amend the public health law, in relation to minimum supplemental rebates for pharmaceutical manufacturers; to amend the social services law, in relation to early refill of prescriptions; to amend the public health law, in relation to eliminating the financial incentive for e-prescribing; to amend the public health law, in relation to expanding prior authorization under the clinic drug review program; to amend the public health law, in relation to the expansion of prior authorization under the clinical drug review program; to amend the social services law, in relation to requiring prior authorization for non-medically acceptable indicators for prescription drugs; to amend the social services law, in relation to the integration of behavioral and physical health clinic services; to amend part A of chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to establishing rate protections for behavioral health essential providers and the effectiveness thereof; to amend section 1 of part H of chapter 111 of the laws of 2010, relating to increasing Medicaid payments to providers through managed care organizations and providing equivalent fees through an ambulatory patient group methodology, in relation to transfer of funds and the effectiveness thereof; to amend the social services law, in relation to spousal support for the costs of community-based long term care; to amend the social services law, in relation to fair hearings within the Fully Integrated Duals Advantage program; to amend the public health law, in relation to the establishment of a default rate for nursing homes under managed care; to amend the public health law, in relation to rates of payment for certified home health agencies and long term home health care programs; to amend the public health law, in relation to rate setting methodologies for the ICD-10; to amend the public health law, in relation to inpatient psych base years; to amend the public health law, in relation to specialty inpatient base years; to amend the public health law, in relation to inpatient psych base years; to amend the public health law, in relation to hospital inpatient base years; to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to the determination of rates of payments by certain state governmental agencies; to amend the social services law and the public health law, in relation to requiring the use of an enrollment broker for counties that are mandated Medicaid managed care and managed long term care; to amend the public health law, in relation to establishing vital access pools for licensed home care service agencies; to amend the social services law, in relation to the expansion of the Medicaid managed care advisory review panel; to amend part H of chapter 59 of the laws of 2011 amending the public health law relating to general hospital inpatient reimbursement for annual rates, in relation to the across the board reduction of 2011; to amend the social services law, in relation to establishing a health homes criminal justice initiative; to amend the social services law, in relation to the transition of children in foster care to managed care; to amend the social services law and the state finance law, in relation to the establishment of a basic health plan; to amend the social services law, in relation to hospital presumptive eligibility under the affordable care act; to amend the social services law, in relation to spending down procedures under the MAGI system of eligibility determination; to amend the public health law, in relation to moving rate setting for child health plus to the department of health; to amend the public health law, in relation to eliminating the existing child health plus waiting period; to amend chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, in relation to allowing for the permanent expansion of child health plus income and benefit provisions; to amend part C of chapter 58 of the laws of 2009, amending the public health law relating to the ADIRONDACK MEDICAL HOME MULTIPAYOR DEMONSTRATION PROGRAM, in relation to extending the adirondack medical home demo through the year 2017; to amend chapter 779 of the laws of 1986, amending the social services law relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs, in relation to extending the authorization of non-resident services within adult homes; to amend part C of chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to extending the utilization threshold exemption; to amend chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, in relation to extending provisions related to dispensing fees; to amend the public health law, in relation to rates of payment to residential health care facilities; providing for the repeal of certain provisions relating to the availability of funds upon expiration thereof; and to repeal certain provisions of the social services law and the public health law relating thereto (Part C); to amend the education law, in relation to the exemption of the nurse practice act for direct care staff in non-certified settings funded, authorized or approved by the office for people with developmental disabilities (Part D); to amend part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part E); to amend the mental hygiene law, in relation to the recovery of exempt income by the office of mental health for community residential programs (Part F); and to amend chapter 57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to foregoing such adjustment during the 2014-2015 state fiscal year (Part G) PURPOSE: This bill contains provisions needed to implement the Health and Mental Hygiene portions of the 2014-15 Executive Budget. This memorandum describes Parts A through G of the bill which are described wholly within the parts listed below. Part A - Changes the General Public Health Work program, improves HIV testing, restructures certain health research and education programs, promotes capital access to strengthen health care infrastructure and promote transformative health care projects, provides relief from unnecessary State requirements to expand primary care access and health care integration, and authorizes new health care service delivery models Purpose: This bill would change the General Public Health Work (GPHW), improve HIV testing, restructure certain health research and education programs, promote capital access to strengthen health care infrastructure and promote transformative health care projects, provide relief from unnecessary State requirements in order to expand primary care access and health care integration, and authorize new health care service deliver models. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: General Public Health Work (GPHW) Program Section 1 of the bill would amend Public Health Law (PHL) § 602(1) to encourage local governments to establish appropriate linkages to health insurance coverage for uninsured women receiving prenatal care services reimbursed through the GPHW program. Prenatal care services would continue to be available through the GPHW program until health insurance coverage is established. Improve HIV Testing Section 2 of the bill would amend PHL § 2781 to simplify consent requirements for HIV related testing consistent with Centers for Disease Control (CDC) guidelines. Section 3 of the bill would amend PHL § 2135 to allow for enhanced data sharing among health care providers and health departments to maintain patient linkages and improve continuity and retention in care. Health Research Science Board and Prostate Cancer Research, Detection and Education Fund Section 4 of the bill would amend PHL § 2410 to revise membership on the Health Research Science Board (HRSB) to align with its purpose in approving funding for breast cancer research. The number of voting members remains the same, but the bill would remove rotating regional appointments and the requirement for one voting member to have survived prostate or testicular cancer. Board membership will be aligned as current members attrite. Section 5 of the bill would amend PHL § 2411(1) to change the frequency of HRSB meetings from at least four times per year to "as needed" and would make conforming changes to remove references to prostate or testicular cancer. Section 6 of the bill would amend PHL § 2409-a to rename the "breast, cervical and ovarian cancer detection and education program advisory council" to the "cancer detection and education program advisory council". In addition, it would expand oversight and representation on the council to now include advice on prostate and testicular cancer. Section 7 of the bill would amend SFL § 95-e to amend requirements for the Prostate Cancer Research Detection and Education Fund to remove a reference to the New York State Coalition to Cure Prostate Cancer as the sole entity who may be supported from the Fund. This entity was never legally constituted as an active corporation, thus preventing the use of resources from the Fund. Capital Access Section 8 of the bill would add a new PHL § 2823 to establish a new $1.2 billion Capital Restructuring Financing Program to support bond financing of capital projects designed, over the next seven years, to strengthen the health care infrastructure, improve primary care access, and transform the financial stability and efficacy of the State's health care delivery system. Section 9 is intentionally omitted. Section 10-11 of the bill would amend PHL § 2815 to expand the availability of Health Facility Restructuring Program loans to assist health care entities in restructuring operations and finances to include not-for-profit nursing homes and not-for profit diagnostic and treatment centers. The program is currently limited to providing loans to general hospitals. Sections 12-14 of the bill would add a new PHL § 2801-a(17) and amend Public Authorities Law §§ 1676 and 1680 to authorize up to five business corporations to participate in a private equity demonstration program to encourage the investment of private capital in transformative health care projects. All participants would be subject to Public Health and Health Planning Council (PPHPC) approval. Publicly traded entities would not be permitted to participate. Certificate of Need (CON) Redesign Sections 15-16 of the bill would amend PHL § 2802 and § 2807-z to streamline the CON process for hospitals and diagnostic and treatment clinics providing primary care or undertaking limited construction projects without regard to public need in certain circumstances. Section 17 of the bill would amend PHL § 2801-a to allow PHHPC to approve the establishment of diagnostic and treatment centers and issue operating certificates for the purpose of providing primary care without requiring a full public needs assessment. Section 18 of the bill would amend PHL § 2801-a(3) to reduce the look-back period required for PHHPC approval from 10 to 7 years for character and competence reviews for existing entities. Sections 19-20 of the bill would amend PHL §§ 2801-a(4) and 3611-a to merge the two different standards of review of transfers of less than ten percent of voting rights or ownership interest in operator entities established under Articles 28 or 36, and ensure that PHHPC reviews and consents to all transfers that result in a previously unapproved transferee gaining an interest of ten percent or more. Authorize Limited Services Clinics Section 21 of the bill would add a new PHL § 2801-a(17) to authorize the establishment of limited services clinics within retail operations for the purposes of providing certain health care services. Currently, retail clinics cannot employ health care practitioners and instead operate as private physician offices which are not regulated by the Department of Health (DOH). Licensing retail clinics as limited services clinics will allow DOH to define the scope of services that must be provided and those that are prohibited. Standardize Urgent Care Centers Section 22 of the bill would add a new PHL § 230-e to limit the use of the term "urgent care" solely to Article 28 certified entities and fully accredited health care providers that meet specified criteria including minimum scope of services requirements. Enhance Oversight of Office-Based Surgery (OBS) Sections 23-24 of the bill would amend PHL §§ 230-d and 2998-e(1) to standardize and limit procedures permitted in an OBS setting, broaden the definition of adverse events in an OBS setting, broaden the definition of reportable adverse events and extend reporting timeframes, require the submission of data to DOH, and establish registration and accreditation requirements. Upgraded Diagnostic and Treatment Centers Sections 25-26 would repeal PHL §§ 2951(4) and 2956 which provided for upgraded diagnostic and treatment centers for members of a rural health network to provide limited emergency services. Given new models of care including urgent care centers and freestanding emergency departments, there is no further need for this model of care. Organ Donation Registry Section 27 of the bill would amend PHL § 4310 to allow DOH to contract out the operation and marketing of the NYS Donate Life Registry (Organ and Tissue Donor Registry) to a not-for-profit organization to more effectively promote organ and tissue donation and register potential donors. A new appropriation is also included, funded through revenues received through the Department of Motor Vehicles, to provide partial funds for this contract. Section 28 of the bill would amend section 6 of Chapter 465 of the Laws of 2012 ("Lauren's Law") to make permanent certain provisions of the current organ donation statute which is set to expire in October 2016. Lauren's Law was enacted in 2012 and requires anyone over the age of 18 obtaining a new driver's license to check off a box declaring whether or not they would be an organ donor. Section 29 of the bill would amend State Finance Law § 95-d(3) to authorize DOH to utilize the funds deposited into the "Life Pass It On" fund collected by the Department of Motor Vehicles (DMV). These funds would support DOH to contract out the operation of the NYS Donate Life Registry as set forth in Section 27. Streamline Application Process for Adult Care Facilities & Assisted Living Residences Section 30 of the bill would add new parts to the Social Service Law §§ 461-b(9) and 461-b(10) to allow for an expedited approval process for transfers of ownership of less than ten percent and for conversions of business organizations and operators of facilities licensed as residential care programs under Article 7 of the Social Services Law. Currently, such transfers of ownership interest or business conversions require operators to submit a full application for establishment. Section 31 of the bill would amend Social Services Law § 461-k to increase the maximum respite stays for temporary residential care to non-residents within Adult Care Facilities (ACF) from six weeks to 120 days. Section 32 of the bill would amend Social Services Law § 461-b(3) to reduce the look-back period for character and competence review from 10 to 7 years for Adult Care Facilities and Assisted Living Residences. Section 33 of the bill would amend PHL § 4656 to create an expedited review process for the approval for up to nine additional beds, increased from the current limit of five beds, in existing enhanced assisted living residences (EALR) and special needs assisted living residences (SNALR). Long Term Home Health Care Program Sections 34-35 of the bill would amend PHL § 3610 to eliminate language pertaining to the Commissioner of Health's authority to increase, decrease or stipulate the number of individuals served by approved long term home health care programs (LTHHCP). Services for Medicaid recipients with long term care needs will be transitioned to managed care organizations and/or Managed Long Term Care Plans (MLTCPs). Resident Working Audits Section 36 of the bill would repeal PHL § 2803(9) related to DOH's requirement to audit the number of working hours for hospital residents. This function is currently supported with a State surveillance contract and duplicative of the Federal process used by the Accreditation Council for Graduate Medical Education (ACGME). Expiring Laws Section 37 of the bill would amend section 32 of Part A of Chapter 58 of the laws of 2008 to provide for a three year extension of penalties for violations of PHL by particular provider pharmacies. Budget Implications: Enactment of this bill is necessary to implement the 2014-15 Executive Budget to achieve total savings of $3.1 million in Fiscal Year (FY) 2015 and $5.4 million in FY 2016, as detailed below. * $2.0 million savings in FY 2015 ($4.3 million in FY 2016) reforming the GPHW program; * $1.1 million savings FY 2015 ($1.1 million in FY 2016) from eliminating certain hospital audits. Effective Date: This bill takes effect immediately; provided, however, that: * Section One of this act would take effect July 1, 2014; * Section Twenty-two would take effect July 1, 2014; provided however that subdivisions two and three shall take effect on January 1, 2016; and * Sections Twenty-three and Twenty-four would take effect one year after the bill becomes a law. Part B - This bill would reauthorize provisions of the Health Care Reform Act (HCRA) for three years Purpose: This bill would extend the provisions of the Health Care Reform Act (HCRA), which plays a significant role in governing the financing of health care services, through March 31, 2017. HCRA is currently scheduled to sunset on March 31, 2014. Summary of Provisions, Existing Law, Prior Legislative History, and Statement in Support: In 1996, New York enacted the Health Care Reform Act (HCRA), which replaced the hospital reimbursement system in existence since 1983 with a deregulated system. HCRA was designed to improve the fiscal health of hospitals and support critical public health programs. It was subsequently extended and modified several times, most recently by Chapter 59 of the Laws of 2011, which reauthorized HCRA through March 31, 2014. This bill would extend HCRA through March 31, 2017 and would amend certain of its provisions to maximize the use of available revenue sources, modify certain programs and secure the fiscal viability of HCRA through its proposed extension period. Specifically: Sections one and two would extend several effective dates through December 31, 2017. These provisions would include the continuation of the Medicaid inpatient hospital reimbursement methodology and the collection of HCRA surcharges and assessments. Sections three and four would amend section 2807-s of the Public Health Law to extend authorization for the collection of the Covered Lives Assessment through December 31, 2017. Section five would amend section 2807-j of the Public Health Law to extend the authorization to allocate surcharge funds between various financing pools for hospital indigent care and other HCRA programs. Section six would extend funding for various administrative costs of the Department of Health to assist in the implementation of HCRA programs. Sections seven and eight would amend sections 2807-I and 2807-v of the Public Health Law to extend the Health Care Initiatives and Tobacco Control and Insurance Initiatives Pools and subject certain allocations to appropriation. Section nine would amend section 2807-m of the Public Health Law to extend the authorization for Area Health Education Centers (AHEC), the Empire Clinical Research Investigator Program (ECRIP) and the Doctors Across New York program, which includes the Physician Loan Repayment and Practice Support Programs. Sections ten through twelve would extend the authorization for hospital billing requirements and payment methodologies, the Ambulatory Care Pilot Program, and the Council on Health Care Financing, all of which are provisions historically extended with HCRA. Section thirteen is intentionally omitted. Section fourteen would extend authorization for the Upstate Personal Care Workforce Recruitment and Retention Program through March 31, 2017. Section fifteen would amend section 2807-t of the Public Health Law to modify the reconciliation of collections for the Covered Lives Assessment in excess of one billion forty-five million dollars through December 31, 2017 for the purpose of Continuing operational support for the Statewide Health Information Network of New York (SHINNY) and the All Payor Claims Database (APCD). Section sixteen would amend section 2807-p of the Public Health Law to extend authorization for clinic bad debt and charity care payments through March 31, 2017. Sections seventeen and seventeen-a would remove the requirement that hospitals receiving pool funds must comply with bad debt and charity care reporting requirements, as the need for such reporting was superseded by FY 2014's Indigent Care Reforms. Sections eighteen through twenty-two would extend the Physician's Excess Medical Malpractice Program through June 30, 2015. Section twenty-three would extend for one year the methodology for enrolling in the Physician's Excess Medical Malpractice Program pool, continue to limit enrollment to physicians covered in the prior year and subject openings due to attrition to a hospital-based formula. Sections twenty-four through twenty-seven would allow for waiver authority, severability and effective dates. Budget Implications: Enactment of this bill is necessary to implement the FY 2015 Executive Budget and the State's multi-year Financial Plan, which reflects the continuation of HCRA funding for a number of important health programs and revenue sources. Effective Date: This bill takes effect April 1, 2014. Part C - Make statutory changes necessary to continue implementing Medicaid Redesign Team recommendations Purpose: This bill would make statutory changes necessary to continue implementing Medicaid Redesign Team (MRT) recommendations, authorizing the transfer of Children's Health Insurance Program (CHP) rate setting methodology from the Department of Financial Services (DFS) to the Department of Health (DOH), and extending certain laws necessary to ensure high quality care for all New Yorkers. In Support, Summary of Provisions, Existing Law, and Prior Legislative History: Sections 1, 2 and 3 of the bill would amend Social Services Law (SSL) § 364-j and Public Health Law (PHL) § 273 to eliminate "prescriber prevails" provisions in Medicaid fee-for-service and managed care programs for drugs that have Federal Drug Administration (FDA)-A rated generic equivalents. Section 4 of the bill would amend PHL § 274 to add a new subdivision 15 to authorize the Commissioner of Health (Commissioner) to require prior authorization for fee-for-service drugs meeting the Clinical Drug Review Program (CDRP) criteria until such time as the Drug Utilization Review (DUR) Board can make a recommendation to the Commissioner. Section 5 of the bill would amend SSL § 365-a to limit early fill availability by necessitating prior authorization for the refill of a prescription drug when the patient has more than a six day supply of the previously dispensed medication remaining, based on prescribed dosing. Section 6 of the bill would amend PHL § 367-a to eliminate State incentive payments to eligible providers for e-prescribing. These payments are no longer necessary due to federal incentives and the State mandate for electronic prescriptions. Section 7 of the bill would amend PHL § 272 to authorize the Commissioner to require manufacturers of brand name drugs utilized in the Medicaid fee-for-service pharmacy program that are eligible for reimbursement to provide a minimum level supplemental rebate to the State. The manufacturer's drugs may be subject to prior authorization if a minimum supplemental rebate is not provided. Section 8 of the bill would amend SSL § 365-a to require verification of FDA and/or Compendia supported uses in order for reimbursement for certain drugs where there is evidence of significant prescribing for a non-medically indicated, or "off-label", use. Section 9 of the bill would amend SSL § 367-a to ensure that the co-payment charged to managed care plan enrollees for preferred brand name drugs on their Medicaid managed care plan's formulary is limited to $1.00 without regard to whether the same preferred brand drug is listed on the preferred fee-for-service Medicaid pharmacy formulary. Sections 10 of the bill would add Unconsolidated Law to authorize reinvestment of savings already generated by the closure of inpatient psychiatric services or other reductions in bed capacity to fund commensurate investments in community based programs. Section 11 of the bill would amend SSL by adding a new § 365-m to authorize reinvestment of savings that will be generated by the transition of behavioral health populations and benefits to managed care. Section 12 of the bill would add Unconsolidated Law to authorize resources to support evidence-based, collaborative clinical delivery models to provide integrated mental health, substance abuse, and physical health services in a primary care setting. Section 12-a of the bill would amend SSL § 365-a to add emergency regulatory authority for the Commissioners of DOH, Office of Alcoholism and Substance Abuse Service, the Office of People With Developmental Disabilities and the Office of Mental Health to implement integrated mental health, substance abuse, and physical health services in a single location. Sections 13-16 of the bill would modify Part A of Chapter 56 of the Laws of 2013, § 48-a, § 84 and § 49 as well as Part H of Chapter 111 of the Laws of 2010, § 1 to broaden existing authority that allows the Commissioners of OMH and Office of Alcohol and Substance Abuse Services (OASAS) to transfer funds to DOH for the purposes of increasing managed care organization fees paid to ambulatory behavioral health providers. The increased fees under these provisions would apply to adult patients in New York City through 2016 and for all other Medicaid recipients through 2017, but would not prohibit managed care plans and providers from negotiating new rates or methods of payment during these periods, subject to DOH. Section 17 of the bill would authorize the Commissioner, notwithstanding sections 112 and 163 of the State Finance Law, to distribute resources within amounts appropriated to health homes as necessary to prepare voluntary behavioral health providers serving adults and children for the transition to Medicaid managed care plans. Section 18 of the bill would amend SSL § 366 to require spousal support for the costs of community-based long-term care. Sections 19 and 20 of the bill would amend SSL § 2 and § 363-e, respectively, to expand the definition of "participating provider" to include certified home health agencies, long term home health agencies, or personal care providers that are reimbursed through the managed care program, and would authorize the Office of Medicaid Inspector General and DOH to jointly develop pre-claim review requirements for certain home health care participating providers. Sections 21 and 22 of the bill would amend SSL § 20-c and § 22, respectively; to allow the Commissioner of the Office of Temporary Disability Assistance (OTDA) to allow contracted staff, as well as State staff, to conduct fair hearing proceedings. Section 23 of the bill would add PHL § 2808 to require that the nursing home fee-for-service rate shall be the guaranteed rate of payment in the absence of a negotiated rate of payment between a residential health care facility and a managed care plan. Such default rates would not apply to rehabilitation services. Section 24 of the bill would amend PHL § 2808 to limit residential health care providers' case mix increases to a maximum of two percent biannually until such time as the Commissioner may determine. Section 25 of the bill would amend PHL § 3605 to extend temporary periodic lump-sum Medicaid payments under the Vital Access Provider (VAP) program to Licensed Home Care Services Agencies (LHCSA) providing home health services to Medicaid patients. Section 26 of the bill would add new PHL § 3614 (14) to require the Commissioner to adjust rates of payment for Certified Home Health Agencies (CHHA) and Long Term Home Health Care Program (LTHHCP) providers to address cost increases under existing home care worker wage parity laws. Sections 26-a would amend PHL to add new § 4406-c (9) to require managed care contracts with nursing homes to support standard rates of compensation to their employees. Section 27 of the bill would repeal PHL §§ 3614 (9) and (10) to remove the Recruitment Training and Retention rate increases and associated attestation requirements for various home health and community based service providers. The existing funding levels would be maintained, but shifted to the providers' base rates. Section 28 of the bill would amend PHL § 2807-c to authorize adjustments to Medicaid rates of payment for general hospital services to achieve no net aggregate growth in expenditures related to the CMS-mandated implementation of the International Classification of Diseases Version 10 (ICD-10) coding system by October 1, 2014. Section 29 of the bill would amend PHL § 2807-c to allow for periodic updating of the base year for inpatient psychiatric facilities. Section 30 of the bill would amend PHL § 2807-c to allow for periodic updating of the base year for specialty inpatient facilities. Section 31 of the bill would amend PHL § 2807-c to allow for periodic updating of the base year for inpatient detoxification facilities. Section 32 of the bill would amend PHL § 2807-c to delay the effective date of the base year updates for hospital inpatient facilities from January 1, 2014 to a period subsequent to April 1, 2014 (but no later than July 1, 2014). Section 33 of the bill would amend Part H of Chapter 59 of the Laws of 2011, § 92, to extend the Medicaid State funds spending cap for one year through March 31, 2016. Section 34 of the bill would add a new Unconsolidated Law to establish a methodology for distributing available savings under the Medicaid State funds cap to certain eligible Medicaid providers. Such savings would be distributed proportionately among providers and health care plans subject to minimum thresholds established by the Commissioner, wherein up to fifty percent of such distributions may be made available to financially distressed providers. Section 35 of the bill would amend SSL § 365-I to allow DOH to amend certain contracts to expeditiously implement certain MRT initiatives without the competitive bid or request for proposal process. Sections 36 and 37 of the bill would amend SSL § 364-j and PHL 4403-f, respectively, to authorize DOH to require counties that have implemented mandatory managed care programs to utilize the State's contracted enrollment broker for such services. Section 38 of the bill would amend Part H of Chapter 59 of the Laws of 2011, § 90 to restore the two percent Medicaid provider payment reduction and allow for the extension of existing 'alternative method' agreements. Section 39 of the bill would amend SSL § 364-jj to expand the existing Medicaid Managed Care Advisory Review Panel from 12 to 16 members by adding consumer representatives for individuals with behavioral health needs and consumer representatives for dually eligible individuals, as well as representatives of providers that serve both populations. Sections 40 and 41 of the bill would amend SSL § § 368-d and 368-e, respectively, to incentivize public school districts to claim for eligible Federal medical assistance for the School and Pre-School Supportive Health Services Programs. Federal dollars realized through Certified Public Expenditure reimbursement would be shared from the first dollar of incremental revenue realized for service delivery and administrative claiming on a percentage basis whereby Counties or school districts would share 13.05%, commencing in FY 2016. Section 42 of the bill would amend SSL § 365-I to authorize distribution of health home infrastructure grants to establish better linkages between health homes and the criminal justice system. Section 43 of the bill would add new subdivision 2-c to SSL § 365-I to authorize DOH to distribute funds to applicants for the purpose of further developing health home infrastructure, including workforce training and implementation of health information technology systems. Section 44 of the bill would amend SSL § 398-b to facilitate the transition of children in foster care to Medicaid managed care programs, and to authorize a pilot program initiative with the Office of Children and Family Services and DOH to develop rates for Managed Care, Health Homes, and Foster Care per diems for this population. Section 45 of the bill would amend SSL § 365-n (3) to expand eligibility for the voluntary transfer to Medicaid administration positions within DOH to appointees meeting competitive qualifications to perform these functions. Section 46 of the bill would amend SSL § 365-n to authorize the Commissioner to take actions necessary to review the initial and ongoing eligibility of Medicaid recipients as these functions transition from counties to the State. The Commissioner would be authorized to contract with one or more entities without competitive bid or request for proposal processes. Section 47 of the bill would add new PHL § 206 which would give the Commissioners of DOH, OMH, OASAS, and Office for People with Developmental Disabilities authority to waive regulatory requirements to avoid duplicative requirements under Delivery System Reform Incentive Payments (DSRIP) program projects that involve joint-provider relationships. Section 48 of the bill would add a new Unconsolidated Law that, notwithstanding State Finance Law, would allow DOH to authorize the negotiation of a contract extension for actuarial services with Mercer Health and Benefit, LLC through December 31, 2016. Section 49 of the bill would add new SSL § 364-j (29) that, notwithstanding State Finance Law, would allow DOH as necessary to enter into contracts essential to implement Medicaid 1115 Waiver or Partnership Plan initiatives without competitive bid or request for proposal processes. Sections 50-52 of the bill would add new SSL § 366 and § 369-gg as well as amend SSL § 367-a to authorize the Commissioner to establish a Basic Health Program as authorized under the Affordable Care Act (ACA) if it is determined to be in the financial interests of the State. Guidelines for eligibility, enrollment, and cost sharing would be set forth along with specific rules for certain immigrants currently receiving benefits under Medicaid. Section 53 of this bill would add new State Finance Law § 97-0000 to authorize the creation of Basic Health Program Trust fund. Section 54 of the bill would amend SSL § 367-a to correct a statutory cross-reference under ACA-related to income standards for Medicaid. Section 55 of the bill would amend SSL § 364-i to permit hospitals to presumptively enroll all modified adjusted gross income (MAGI) populations to conform to ACA requirements. Section 56 of the bill would amend SSL § 366 (1) to allow the DOH to utilize a MAGI income standard in determining certain spend-down requirements under Medicaid long term care, consistent with ACA requirements. Section 56-a of the bill would add a new SSL § 364-j (30) which, contingent upon prior approval and federal financial participation, and notwithstanding State Finance Law, would allow DOH as necessary to amend, or enter into new contracts for the purpose of integrating eligibility and financial management systems serving New York State health and human service systems. Sections 57 and 58 of the bill would amend PHL § 2511 to transition the Child Health Plus (CHP) program rate setting methodology from the Division of Financial Services to DOH. This would align the CHP rate methodology from the current prior approval method to a risk-adjusted rate that is consistent with Medicaid and Family Health Plus. Sections 59 and 60 of the bill would amend PHL § 2511 to eliminate the existing CHP waiting period consistent with ACA requirements. Section 61 of the bill would permanently extend the authorization for certain CHP income and benefit expansions enacted in 1998. Section 62 of the bill would extend for three years, through March 31, 2017, authorization for the Adirondack Medical Home Multi-Payor Demonstration Program. Section 63 of the bill would extend for three years, through March 31, 2017, authorization for non-resident services within adult homes, residences for adults, and enriched housing programs. Section 64 of the bill would extend for three years, through March 31, 2017, authorization for the Commissioner to establish utilization thresholds for Medicaid services. Section 65 of the bill would extend for three years, through March 31, 2017, authorization for certain pharmacy dispensing fee rates. Section 66 of this bill would extend for three years, through March 31, 2017, authorization for certain nursing home upper payment limits (UPLs) and intergovernmental transfers (IGTs). Section 67 of this bill would extend for two years, through 2016, the planning period under which the Commissioner would be authorized to phase in 6,000 Assisted Living Program beds. Sections 68-71 would set forth time frames of notice, address severability concerns, and provide effective dates. Budget Implications: Enactment of this bill is necessary to implement the 2014-15 Executive Budget and the State's multi-year Financial Plan. It would keep overall Medicaid spending in DOH within capped levels, which are indexed to the ten-year rolling average of the medical component of the Consumer Price Index (CPI) as proscribed in current statute. Effective Date: This bill would take effect April 1, 2014 except that: Sections 1-5, 59, and 60 would take effect July 1, 2014; Section 9 would take effect May 1, 2014; Section 26 would be deemed in full force and effect on March 1, 2014; Sections 50-53 would take effect April 1, 2015; and Section 55 would take effect January 1, 2015. Part D - Expand existing exemption in the Nurse Practice Act to direct care staff in non-certified settings funded, authorized or approved by OPWDD Purpose: This bill would expand an exemption in the Nurse Practice Act for direct care staff in certified settings to those who are working in non-certified settings funded, authorized or approved by the Office for People with Developmental Disabilities (OPWDD). Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: As OPWDD continues to assist individuals with developmental disabilities in moving from larger, institutional facilities to smaller, homelike settings that are integrated in the community, greater flexibility is needed in the performance of health-related tasks. Expanding the current Nurse Practice Act exemption to non-certified settings (where OPWDD already has been training staff) will assist OPWDD in serving individuals in the most integrated setting, consistent with Olmstead requirements and OPWDD's transformation plan. Budget Implications: Enactment of this bill is necessary to implement the 2014-15 Executive Budget because it provides flexibility to OPWDD to transition individuals with developmental disabilities from institutional settings to more integrated, community-based settings, thereby reducing State costs by $3.5M in FY 2015 and beyond. Effective Date: This bill takes effect immediately. Part E - Extend for three years the clarification that Office of Mental Health and the Office for People with Developmental Disabilities facility directors who act as representative payees may use a person's funds for their care and treatment consistent with federal law and regulations Purpose: This bill would extend for three years the clarification that Office of Mental Health (OMH) and Office for People with Developmental Disabilities (OPWDD) facility directors acting as representative payees may use a person's funds for the cost of their care and treatment. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill would continue current law to provide that the application of funds for a person's care and treatment by a facility director, acting as a representative payee for such person, does not violate the director's fiduciary obligation under Mental Hygiene Law § 33.07(e). Facility directors who act as representative payees must still comply with applicable federal laws and regulations. Under § 43.03 of the Mental Hygiene Law, patients are legally liable for their care in OMH and OPWDD facilities and are assessed charges for care and treatment based upon all income sources including Social Security benefits. This bill would allow OMH and OPWDD to continue existing practice and avoid potential costs, related to the loss of collecting authority, estimated at $30 million annually for OMH and $60 million annually for OPWDD. The amendments enacted under Chapter 111 of the Laws of 2010, and continued here, provide enhanced transparency and maintain additional parameters for the use of funds. Budget Implications: Enactment of this bill is necessary to implement the 2014-15 Executive Budget and will avoid a potential loss of $30 million in OMH revenue and $60 million in OPWDD revenue on an annual basis. Effective Date: This bill takes effect immediately. Part F - Authorize the Office of Mental Health to continue to recover Medicaid exempt income from providers of community residences Purpose: This bill would authorize the Office of Mental Health (OMH) to continue to recover Medicaid exempt income from providers consistent with legislation enacted in prior years. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill would expressly authorize the Commissioner of OMH to recoup Medicaid exempt income from providers of community residences licensed by OMH (Medicaid money received in excess of that money to which the provider would otherwise be entitled) in an amount equal to fifty percent of the Medicaid revenue received by providers. Half of the money so recovered would return to the federal government and the other half would reimburse the State for money it has extended to the provider. This authority is consistent with existing contractual agreements between OMH and residential providers. This bill is necessary to continue existing practice and avoid a loss of $3 million in annual exempt income recoveries. Budget Implications: Enactment of this bill is necessary to implement the 2014-15 Executive Budget and will avoid a potential loss of $3 million in recoveries on an annual basis. Effective Date: This bill takes effect immediately. Part G - One-year deferral of the human services "Cost-of-Living Adjustment" Purpose: This bill would defer the human services Cost-of-Living Adjustment (COLA) for SFY 2015 and extend the COLA for an additional year, through March 31, 2018. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill would defer the FY 2015 COLA for designated human services programs under the auspices of several State agencies, including the Office for People with Developmental Disabilities, Office of Mental Health, Office of Alcoholism and Substance Abuse Services, Department of Health, Office for the Aging, and Office of Children and Family Services. Additionally, this bill reflects renewed support for a three-year COLA by continuing the adjustment for one additional year, through FY 2018. Budget Implications: Deferring the formula for the FY 2015 Human Services COLA will result in State savings of $64.0 million in FY 2015. Effective Date: This bill takes effect on April 1, 2014. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
2013-S6358 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6358 A. 8558 S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the public health law, in relation to state aid to coun- ties and New York City for provision of prenatal health care services to uninsured women; to amend the public health law, in relation to simplifying consent for HIV testing; to amend the public health law, in relation to authorization for data sharing with providers for purposes of patient linkage and retention in care; to amend the public health law, in relation to the board member composition for the health research science board; to amend the public health law, in relation to the health research science board meeting requirements; to amend the state finance law, in relation to the New York state prostate cancer research, detection and education fund; to amend the public health law and the public authorities law, in relation to a capital restructuring finance program; to amend the public health law, in relation to the health care restructuring loan pool; to amend the public health law and the public authorities law, in relation to establishing a private equity pilot program; to amend the public health law, in relation to streamlining the certificate of need process for hospitals and diag- nostic and treatment clinics providing primary care; to amend the public health law, in relation to the establishment and operation of limited services clinics; to amend the public health law, in relation to standardizing urgent care centers; to amend the public health law, in relation to enhanced oversight of office-based surgery; to amend the public health law, in relation to the statutory authority of updated diagnostic and treatment centers; to amend the public health law and the state finance law, in relation to the operation of the New York State donate life registry; to amend chapter 465 of the laws of 2012 amending the public health law and the vehicle and traffic law relating to establishing Lauren's law, in relation to the effective- ness thereof; to amend the social services law and the public health law, in relation to streamlining the application process for adult EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12671-01-4 S. 6358 2 A. 8558 care facilities and assisted living residences; to amend the public health law, in relation to the long term home health care program; to amend the public health law, in relation to resident working audits; to amend chapter 58 of the laws of 2008 amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, in relation to the effectiveness ther- eof; to repeal certain provisions of the public health law relating thereto; and to repeal subdivision 9 of section 2803 of the public health law, relating to reports to the commissioner by general hospi- tals regarding working conditions and limits on working hours for certain members of the hospital's staff (Part A); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; to amend the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; to amend the public health law, in relation to the distrib- ution of pool allocations and graduate medical education; to amend chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to imple- ment the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; to amend the public health law, in relation to health care initiative pool distributions; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, in relation to the effectiveness of such chapter; to amend chapter 520 of the laws of 1978 relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, in relation to extending the effectiveness of portions thereof; to amend the public health law, in relation to extending access to community health care services in rural areas; to amend the public health law, in relation to rates of payment for personal care service providers; to amend the public health law, in relation to the assessment on covered lives; to amend the public health law, in relation to the comprehensive diagnostic and treatment centers indigent care program; to amend the public health law, in relation to general hospital indigent pool and general hospital inpa- tient reimbursement rates; to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending the applicability of certain provisions thereof; and to amend chapter 63 of the laws of 2001 amending chapter 20 of the laws of 2001 amend- ing the military law and other laws relating to making appropriations for the support of government, in relation to extending the applica- bility of certain provisions thereof (Part B); to amend the social services law, in relation to eliminating prescriber prevails for brand name drugs with generic equivalents; to amend the public health law, in relation to minimum supplemental rebates for pharmaceutical manufacturers; to amend the social services law, in relation to early refill of prescriptions; to amend the public health law, in relation to eliminating the financial incentive for e-prescribing; to amend the public health law, in relation to expanding prior authorization under the clinic drug review program; to amend the public health law, in relation to the expansion of prior authorization under the clinical drug review program; to amend the social services law, in relation to requiring prior authorization for non-medically acceptable indicators S. 6358 3 A. 8558 for prescription drugs; to amend the social services law, in relation to the integration of behavioral and physical health clinic services; to amend part A of chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to establishing rate protections for behavioral health essential providers and the effectiveness thereof; to amend section 1 of part H of chapter 111 of the laws of 2010, relating to increasing Medicaid payments to provid- ers through managed care organizations and providing equivalent fees through an ambulatory patient group methodology, in relation to trans- fer of funds and the effectiveness thereof; to amend the social services law, in relation to spousal support for the costs of communi- ty-based long term care; to amend the social services law, in relation to fair hearings within the Fully Integrated Duals Advantage program; to amend the public health law, in relation to the establishment of a default rate for nursing homes under managed care; to amend the public health law, in relation to rates of payment for certified home health agencies and long term home health care programs; to amend the public health law, in relation to rate setting methodologies for the ICD-10; to amend the public health law, in relation to inpatient psych base years; to amend the public health law, in relation to specialty inpa- tient base years; to amend the public health law, in relation to inpa- tient psych base years; to amend the public health law, in relation to hospital inpatient base years; to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to the determination of rates of payments by certain state governmental agencies; to amend the social services law and the public health law, in relation to requiring the use of an enrollment broker for counties that are mandated Medicaid managed care and managed long term care; to amend the public health law, in relation to establishing vital access pools for licensed home care service agencies; to amend the social services law, in relation to the expansion of the Medicaid managed care advisory review panel; to amend part H of chapter 59 of the laws of 2011 amending the public health law relating to general hospital inpatient reimbursement for annual rates, in relation to the across the board reduction of 2011; to amend the social services law, in relation to establishing a health homes criminal justice initiative; to amend the social services law, in relation to the transition of children in foster care to managed care; to amend the social services law and the state finance law, in relation to the establishment of a basic health plan; to amend the social services law, in relation to hospital presumptive eligibility under the affordable care act; to amend the social services law, in relation to spending down procedures under the MAGI system of eligi- bility determination; to amend the public health law, in relation to moving rate setting for child health plus to the department of health; to amend the public health law, in relation to eliminating the exist- ing child health plus waiting period; to amend chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, in relation to allowing for the permanent expansion of child health plus income and benefit provisions; to amend part C of chapter 58 of the laws of 2009, amend- ing the public health law relating to the ADIRONDACK MEDICAL HOME MULTIPAYOR DEMONSTRATION PROGRAM, in relation to extending the adiron- S. 6358 4 A. 8558 dack medical home demo through the year 2017; to amend chapter 779 of the laws of 1986, amending the social services law relating to author- izing services for non-residents in adult homes, residences for adults and enriched housing programs, in relation to extending the authori- zation of non-resident services within adult homes; to amend part C of chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to extending the utilization threshold exemption; to amend chapter 19 of the laws of 1998, amending the social services law relating to limit- ing the method of payment for prescription drugs under the medical assistance program, in relation to extending provisions related to dispensing fees; to amend the public health law, in relation to rates of payment to residential health care facilities; providing for the repeal of certain provisions relating to the availability of funds upon expiration thereof; and to repeal certain provisions of the social services law and the public health law relating thereto (Part C); to amend the education law, in relation to the exemption of the nurse practice act for direct care staff in non-certified settings funded, authorized or approved by the office for people with develop- mental disabilities (Part D); to amend part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part E); to amend the mental hygiene law, in relation to the recovery of exempt income by the office of mental health for community residential programs (Part F); and to amend chapter 57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to foregoing such adjustment during the 2014-2015 state fiscal year (Part G) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph (a) of subdivision 1 of section 602 of the public health law, as added by section 16 of part E of chapter 56 of the laws of 2013, is amended to read as follows: (a) Family health, which shall include activities designed to reduce perinatal, infant and maternal mortality and morbidity and to promote the health of infants, children, adolescents, and people of childbearing age. Such activities shall include family centered perinatal services S. 6358 5 A. 8558 and other services appropriate to promote the birth of a healthy baby to a healthy mother, and services to assure that infants, young children, and school age children are enrolled in appropriate health insurance programs and other health benefit programs for which they are eligible, and that the parents or guardians of such children are provided with information concerning health care providers in their area that are willing and able to provide health services to such children. Provision of primary and preventive clinical health care services shall be eligi- ble for state aid for uninsured persons under the age of twenty-one, provided that the municipality makes good faith efforts to assist such persons with insurance enrollment and only until such time as enrollment becomes effective. PROVISION OF PRENATAL CLINICAL HEALTH CARE SERVICES SHALL BE ELIGIBLE FOR STATE AID FOR UNINSURED WOMEN OF ANY AGE, PROVIDED THAT THE MUNICIPALITY MAKES GOOD FAITH EFFORTS TO ASSIST SUCH WOMEN WITH INSURANCE ENROLLMENT AND ONLY UNTIL SUCH TIME AS ENROLLMENT BECOMES EFFECTIVE. S 2. Subdivisions 1, 2, 2-a, 2-b, 2-c, 3 and 4 of section 2781 of the public health law, subdivisions 1, 2, 3 and 4 as amended and subdivi- sions 2-a, 2-b and 2-c as added by chapter 308 of the laws of 2010, are amended to read as follows: 1. Except as provided in section three thousand one hundred twenty-one of the civil practice law and rules, or unless otherwise specifically authorized or required by a state or federal law, no person shall order the performance of an HIV related test without first having received [the written or, where authorized by this subdivision, oral,] informed consent of the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, of a person authorized pursuant to law to consent to health care for such individual. [When the test being ordered is a rapid HIV test, such informed consent may be obtained orally and shall be documented in the subject of the test's medical record by the person ordering the performance of the test.] IN ORDER FOR THERE TO BE INFORMED CONSENT, THE PERSON ORDERING THE TEST SHALL AT A MINIMUM ADVISE THE PROTECTED INDIVIDUAL THAT AN HIV-RELATED TEST IS BEING PERFORMED. 2. [Except where subdivision one of this section permits informed consent to be obtained orally, informed consent to HIV related testing shall consist of a statement consenting to HIV related testing signed by the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, by a person authorized pursuant to law to consent to health care for the subject after the subject or such other person has received the information described in subdivision three of this section. 2-a. Where a written consent to HIV related testing is included in a signed general consent to medical care for the subject of the test or in a signed consent to any health care service for the subject of the test, the consent form shall have a clearly marked place adjacent to the signature where the subject of the test, or, when the subject lacks capacity to consent, a person authorized pursuant to law to consent to health care for such individual, shall be given an opportunity to specifically decline in writing HIV related testing on such general consent. 2-b. A written or oral informed] INFORMED consent for HIV related testing pursuant to this section shall be valid for such testing until such consent is revoked [or expires by its terms]. Each time that an HIV related test is ordered pursuant to informed consent in accordance with this section, the physician or other person authorized pursuant to law S. 6358 6 A. 8558 to order the performance of the HIV related test, or such person's representative, shall orally notify the subject of the test or, when the subject lacks capacity to consent, a person authorized pursuant to law to consent to health care for such individual, that an HIV related test will be conducted at such time, and shall note the notification in the patient's record. [2-c.] 2-A. The provisions of this section regarding [oral] informed consent [for a rapid HIV test] shall not apply to tests performed in a facility operated under the correction law. FOR TESTS CONDUCTED IN A FACILITY UNDER THE CORRECTION LAW, INDIVIDUAL CONSENT FOR HIV RELATED TESTING MUST BE IN WRITING. 3. [Prior to the execution of written, or obtaining and documenting oral, informed consent, a] A person ordering the performance of an HIV related test shall provide either directly or through a representative to the subject of an HIV related test or, if the subject lacks capacity to consent, to a person authorized pursuant to law to consent to health care for the subject, an explanation that: (a) HIV causes AIDS and can be transmitted through sexual activities and needle-sharing, by pregnant women to their fetuses, and through breastfeeding infants; (b) there is treatment for HIV that can help an individual stay heal- thy; (c) individuals with HIV or AIDS can adopt safe practices to protect uninfected and infected people in their lives from becoming infected or multiply infected with HIV; (d) testing is voluntary and can be done anonymously at a public test- ing center; (e) the law protects the confidentiality of HIV related test results; (f) the law prohibits discrimination based on an individual's HIV status and services are available to help with such consequences; and (g) the law allows an individual's informed consent for HIV related testing to be valid for such testing until such consent is revoked by the subject of the HIV RELATED test [or expires by its terms]. Protocols shall be in place to ensure compliance with this section. 4. A person authorized pursuant to law to order the performance of an HIV related test shall provide directly or through a representative to the person seeking such test, an opportunity to remain anonymous [and to provide written, informed consent or authorize documentation of oral informed consent,] through use of a coded system with no linking of individual identity to the test request or results. A health care provider who is not authorized by the commissioner to provide HIV related tests on an anonymous basis shall refer a person who requests an anonymous test to a test site which does provide anonymous testing. The provisions of this subdivision shall not apply to a health care provider ordering the performance of an HIV related test on an individual proposed for insurance coverage. S 3. Section 2135 of the public health law, as amended by chapter 308 of the laws of 2010, is amended to read as follows: S 2135. Confidentiality. All reports or information secured by the department, municipal health commissioner or district health officer under the provisions of this title shall be confidential except: (a) in so far as is necessary to carry out the provisions of this title; (b) when used in the aggregate, without patient specific identifying infor- mation, in programs approved by the commissioner for the improvement of the quality of medical care provided to persons with HIV/AIDS; [or] (c) when used within the state or local health department by public health S. 6358 7 A. 8558 disease programs to assess co-morbidity or completeness of reporting and to direct program needs, in which case patient specific identifying information shall not be disclosed outside the state or local health department; OR (D) WHEN USED FOR PURPOSES OF PATIENT LINKAGE AND RETENTION IN CARE, PATIENT SPECIFIC IDENTIFIED INFORMATION MAY BE SHARED BETWEEN LOCAL AND STATE HEALTH DEPARTMENTS AND HEALTH CARE PROVIDERS AS APPROVED BY THE COMMISSIONER. S 4. Section 2410 of the public health law, as added by chapter 279 of the laws of 1996, subdivisions 1 and 2 as amended by chapter 32 of the laws of 2008, and subdivision 7 as added by chapter 621 of the laws of 2007, is amended to read as follows: S 2410. Health research science board. 1. There is hereby established in the department the health research science board. The board shall be comprised of [seventeen] SIXTEEN voting members[, three non-voting regional members] and three non-voting ex-officio members as follows: (a) twelve voting members shall be scientists each of whom shall have either an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields: biochemistry, biology, biostatistics, chemistry, epidemiology, genetics, immunology, medicine, microbiology, molecular biology, nutrition, oncol- ogy, reproductive endocrinology, or toxicology and must currently be engaged in treating patients or conducting health research. Such members shall be appointed in the following manner: two shall be appointed by the temporary president of the senate and one by the minor- ity leader of the senate; two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; six shall be appointed by the governor; (b) the governor shall appoint [six regional] FOUR ADDITIONAL members, [three] EACH of whom shall serve as full voting members [and three of whom shall serve as alternative members without voting rights]. Such [regional] members shall be persons who have or have had breast cancer, [and] OR shall be actively involved with a community-based, grass-roots breast cancer organization. [Two] ONE of such appointments shall be made upon the recommendation of the temporary president of the senate and [two] ONE shall be made upon the recommendation of the speaker of the assembly [. One regional member shall be appointed from each of the following geographic areas of the state: Long Island, New York City, the Hudson Valley, Northern New York, Central New York and Western New York. The order of appointments and recommendations for appointments and voting rights shall rotate as follows: (i) The governor shall appoint regional members for three year terms in the following order: (A) Long Island, which member shall have voting rights, (B) Central New York, which member shall not have voting rights, (C) Hudson Valley, which member shall have voting rights, (D) Northern New York, which member shall not have voting rights, (E) Western New York, which member shall have voting rights, and (F) New York City, which member shall not have voting rights; (ii) The governor, upon the recommendation of the temporary president of the senate, shall appoint regional members for three year terms in the following order: (A) Hudson Valley, which member shall not have voting rights, (B) Northern New York, which member shall have voting rights, (C) Western New York, which member shall not have voting rights, (D) New York City, which member shall have voting rights, (E) Long Island, which member shall have voting rights, and (F) Central New York, which member shall not have voting rights; and S. 6358 8 A. 8558 (iii) The governor, upon the recommendation of the speaker of the assembly, shall appoint regional members for three year terms in the following order: (A) Western New York, which member shall have voting rights, (B) New York City, which member shall not have voting rights, (C) Long Island, which member shall not have voting rights, (D) Central New York, which member shall have voting rights, (E) Hudson Valley, which member shall not have voting rights, and (F) Northern New York, which member shall have voting rights]; (c) the governor shall appoint three non-voting ex officio members to the board, one of whom shall be the commissioner, or his or her desig- nee, one of whom shall be the commissioner of environmental conserva- tion, or his or her designee, and one of whom shall be the director of the Cornell University Institute for Comparative and Environmental Toxi- cology, or his or her designee[; and (d) the governor shall appoint one voting member who shall be a person who has or has survived breast cancer and one voting member who shall be a person who has or has survived prostate or testicular cancer]. The governor shall designate the chair of the board. The governor, temporary president of the senate, minority leader of the senate, speak- er of the assembly, and minority leader of the assembly may solicit recommendations from the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, and the National Academy of Sciences for appointments or recommendations for appointments to the board. 2. All members shall serve for terms of three years and may be reap- pointed, such terms to commence July first and expire June thirtieth; provided, however, that of the scientific members first appointed, three such members, one appointed by the governor, one appointed by the tempo- rary president of the senate and one appointed by the speaker of the assembly, shall be appointed for terms of one year, and three such members, one appointed by the governor, one appointed by the temporary president of the senate, and one appointed by the speaker of the assem- bly shall be appointed for a term of two years. The board shall convene on or before September first, nineteen hundred ninety-seven. 3. Any member, after notice and an opportunity to be heard, may be removed by the governor for neglect of duty or malfeasance in office. Any member who fails to attend three consecutive meetings of the board, unless excused by formal vote of the board, shall be deemed to have vacated his or her position. 4. Any vacancy in the board shall be filled for the unexpired term in the same manner as the original appointment. 5. A majority of the voting members of the board shall constitute a quorum for the transaction of any business or the exercise of any power or function of the board. 6. Members of the board shall not receive compensation for their services as members, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. [7. For the purposes of this section the following counties shall constitute the following geographic areas: (a) Long Island: the counties of Nassau and Suffolk. (b) New York City: the counties of Kings, Queens, Richmond, New York and Bronx. (c) Hudson Valley: the counties of Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, Greene, Columbia, Sullivan and Delaware. S. 6358 9 A. 8558 (d) Northern New York: the counties of Albany, Clinton, Essex, Frank- lin, Fulton, Herkimer, Hamilton, Montgomery, Otsego, Rensselaer, Sarato- ga, Schenectady, Schoharie, Warren and Washington. (e) Central New York: the counties of Broome, Cayuga, Chemung, Chenan- go, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Sene- ca, Schuyler, St. Lawrence, Tioga, Tompkins and Wayne. (f) Western New York: the counties of Allegany, Cattaraugus, Chautau- qua, Erie, Genesee, Niagara, Orleans, Wyoming, Livingston, Monroe, Ontario, Steuben and Yates.] S 5. Subdivision 1 of section 2411 of the public health law, as amended by chapter 219 of the laws of 1997, paragraph (e) as amended by chapter 106 of the laws of 2013, and paragraph (h) as amended by chapter 638 of the laws of 2008, is amended to read as follows: 1. The board shall: (a) Survey state agencies, boards, programs and other state govern- mental entities to assess what, if any, relevant data has been or is being collected which may be of use to researchers engaged in breast[, prostate or testicular] cancer research; (b) Consistent with the survey conducted pursuant to paragraph (a) of this subdivision, compile a list of data collected by state agencies which may be of assistance to researchers engaged in breast[, prostate or testicular] cancer research as established in section twenty-four hundred twelve of this title; (c) Consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences and other organizations or entities which may be involved in cancer research to solicit both information regarding breast[, prostate and testicular] cancer research projects that are currently being conducted and recommendations for future research projects; (d) Review requests made to the commissioner for access to information pursuant to paragraph b of subdivision one of section 33-1203 and para- graph c of subdivision two of section 33-1205 of the environmental conservation law for use in human health related research projects. Such data shall only be provided to researchers engaged in human health related research. The request made by such researchers shall include a copy of the research proposal or the research protocol approved by their institution and copies of their institution's Institutional Review Board (IRB) or equivalent review board approval of such proposal or protocol. In the case of research conducted outside the auspices of an institution by a researcher previously published in a peer-reviewed scientific jour- nal, the board shall request copies of the research proposal and shall deny access to the site-specific and nine-digit zip code pesticide data if the board determines that such proposal does not follow accepted scientific practice for the design of a research project. The board shall establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator; (e) Solicit, receive, and review applications from public and private agencies and organizations and qualified research institutions for grants from the breast cancer research and education fund, created pursuant to section ninety-seven-yy of the state finance law, to conduct research or educational programs which focus on the causes, prevention, screening, treatment and cure of breast cancer and may include, but are not limited to mapping of breast cancer, and basic, behavioral, clin- S. 6358 10 A. 8558 ical, demographic, environmental, epidemiologic and psychosocial research. The board shall make recommendations to the commissioner, and the commissioner shall, in his or her discretion, grant approval of applications for grants from those applications recommended by the board. The board shall consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences, breast cancer advocacy groups, and other organizations or entities which may be involved in breast cancer research to solicit both information regarding breast cancer research projects that are currently being conducted and recommendations for future research projects. As used in this section, "qualified research institution" may include academic medical institutions, state or local government agencies, public or private organizations within this state, and any other institution approved by the department, which is conducting a breast cancer research project or educational program. If a board member submits an application for a grant from the breast cancer research and education fund, he or she shall be prohibited from reviewing and making a recommendation on the application; (f) Consider, based on evolving scientific evidence, whether a corre- lation exists between pesticide use and pesticide exposure. As part of such consideration the board shall make recommendations as to methodol- ogies which may be utilized to establish such correlation; (g) After two years of implementation of pesticide reporting pursuant to section 33-1205 of the environmental conservation law, the board shall compare the percentage of agricultural crop production general use pesticides being reported to the total amount of such pesticides being used in this state as estimated by Cornell University, Cornell Cooper- ative Extension, the department of environmental conservation, and the Environmental Protection Agency; (h) Meet at least six times in the first year, at the request of the chair and at any other time as the chair deems necessary. The board shall meet [at least four times a year] AS NEEDED thereafter. Provided, however, that at least one such meeting a year shall be a public hear- ing, at which the general public may question and present information and comments to the board with respect to the operation of the health research science board, the breast cancer research and education fund[, the prostate and testicular cancer research and education fund] and pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law. At such hearing, the commissioner of the department of environmental conservation or his or her designee shall make a report to the board with respect to the efficiency and utility of pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law. SHOULD THE EXISTING BYLAWS BE AMENDED BY THE BOARD, ANY SUCH AMENDMENTS SHALL BE CONSISTENT WITH THE REVISIONS OF THIS PARAGRAPH; S 6. Section 2409-a of the public health law, as added by section 73 of part D of chapter 60 of the laws of 2012, is amended to read as follows: S 2409-a. Advisory council. 1. There is hereby established in the department the [breast, cervical and ovarian] cancer detection and education program advisory council, for the purpose of advising the commissioner with regards to providing information to consumers, patients, and health care providers relating, but not limited to, breast, cervical, PROSTATE, TESTICULAR and ovarian cancer, including signs and symptoms, risk factors, the benefits of prevention and early S. 6358 11 A. 8558 detection, guideline concordant cancer screening and disease management, options for diagnostic testing and treatment, new technologies, and survivorship. 2. The advisory council shall make recommendations to the department regarding the promotion and implementation of programs under sections twenty-four hundred six and twenty-four hundred nine of this title. 3. The commissioner shall appoint twenty-one voting members, which shall include representation of health care professionals, consumers, patients, ONE VOTING MEMBER WHO SHALL BE A PERSON WHO HAS OR HAS HAD PROSTATE OR TESTICULAR CANCER and other appropriate interest reflective of the diversity of the state, with expertise in breast, cervical, PROSTATE, TESTICULAR and/or ovarian cancer. The commissioner shall appoint one member as a chairperson. The members of the council shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performance of their duties. 4. A majority of the appointed voting membership of the board shall constitute quorum. 5. The advisory council shall meet at least twice a year, at the request of the department. S 7. Section 95-e of the state finance law, as added by chapter 273 of the laws of 2004, subdivision 2 as amended by section 1 of part A of chapter 58 of the laws of 2004, is amended to read as follows: S 95-e. New York state prostate cancer research, detection and educa- tion fund. 1. There is hereby established in the joint custody of the commissioner of taxation and finance and the comptroller, a special fund to be known as the "New York [state] STATE prostate cancer research, detection and education fund". 2. Such fund shall consist of all revenues received pursuant to the provisions of sections two hundred nine-E and six hundred thirty of the tax law, all revenues received pursuant to appropriations by the legis- lature, and all moneys appropriated, credited, or transferred thereto from any other fund or source pursuant to law. For each state fiscal year, there shall be appropriated to the fund by the state, in addition to all other moneys required to be deposited into such fund, an amount equal to the amounts of monies collected and deposited into the fund pursuant to sections two hundred [nine-e] NINE-E and six hundred thirty of the tax law during the preceding calendar year, as certified by the comptroller. Nothing contained herein shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. Any interest received by the comptroller on moneys on deposit in such fund shall be retained in and become part of such fund. 3. Moneys of the fund [shall be expended only to provide grants to the New York State Coalition to Cure Prostate Cancer, a not-for-profit corporation established in this state which is incorporated], FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF HEALTH TO PROVIDE GRANTS for the purpose of advancing and financing prostate cancer research, detection AND SUPPORT PROGRAMS and education projects. [To the extent practicable, the New York State Coalition to Cure Prostate Cancer shall cooperate and coordinate its efforts with the prostate and testi- cular cancer detection and education advisory council established pursu- ant to section twenty-four hundred sixteen of the public health law] FUNDS MAY BE DISTRIBUTED BY THE COMMISSIONER WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS. S. 6358 12 A. 8558 4. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited by source in the New York [state] STATE prostate cancer research, detection and education fund during the preceding calendar year as the result of revenue derived pursuant to sections two hundred nine-E and six hundred thirty of the tax law and from all other sources. 5. [As a condition of receiving grants from the fund, the New York State Coalition To Cure Prostate Cancer shall agree to issue and shall issue, on or before the first day of February each year, a report including, but not limited to, financial statements, financial reports and reports on the issuance of grants. Such reports shall be delivered to the governor and the chairs of the senate finance committee and the assembly ways and means committee and shall also be made available to the public. Such financial statements and reports shall be audited by a nationally recognized accounting firm. 6.] Moneys shall be payable from the fund [to the New York State Coalition to Cure Prostate Cancer] on the audit and warrant of the comp- troller on vouchers approved by the comptroller. S 8. The public health law is amended by adding a new section 2825 to read as follows: S 2825. CAPITAL RESTRUCTURING FINANCING PROGRAM. 1. A CAPITAL RESTRUC- TURING FINANCING PROGRAM IS HEREBY ESTABLISHED UNDER THE JOINT ADMINIS- TRATION OF THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR THE PURPOSE OF ENHANCING THE QUALITY, FINANCIAL VIABILITY AND EFFICIENCY OF NEW YORK'S HEALTH CARE DELIVERY SYSTEM BY TRANSFORMING THE SYSTEM INTO A MORE RATIONAL PATIENT-CENTERED CARE SYSTEM THAT PROMOTES POPULATION HEALTH AND IMPROVED WELL-BEING FOR ALL NEW YORKERS. 2. FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, FUNDS MADE AVAILABLE FOR EXPENDI- TURE PURSUANT TO THIS SECTION MAY BE DISTRIBUTED BY THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR CAPITAL GRANTS TO GENERAL HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS, AND CLINICS LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW (COLLECTIVELY, "GRANTEES"), FOR CAPITAL WORKS OR PURPOSES THAT SUPPORT THE PURPOSES SET FORTH IN THIS SECTION. SUCH CAPITAL WORKS OR PURPOSES MAY INCLUDE BUT ARE NOT LIMITED TO CLOSURES, MERGERS, RESTRUCTURING, IMPROVEMENTS TO INFRASTRUCTURE, DEVELOPMENT OF PRIMARY CARE SERVICE CAPACITY, AND PROMOTION OF INTEGRATED DELIVERY SYSTEMS THAT STRENGTHEN AND PROTECT CONTINUED ACCESS TO ESSENTIAL HEALTH CARE SERVICES. 3. THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY SHALL ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE DIRECTOR OF THE BUDGET, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND ADMINISTERING THE FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH AGREEMENT SHALL INCLUDE CRITERIA PERTAINING TO THE EVALUATION OF APPLICATIONS AND DETERMINATION OF AWARDS FOR FUNDS MADE AVAILABLE FOR THE PURPOSES OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO: (A) ELIGIBILITY REQUIREMENTS FOR APPLICANTS; (B) STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS; (C) MINIMUM AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE PROGRAM; (D) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND IDENTIFIED COMMUNITY NEED; S. 6358 13 A. 8558 (E) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE FINANCING; AND (F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE PURPOSES SET FORTH IN THIS SECTION. IN EVALUATING SUCH APPLICATIONS AND MAKING AWARD DETERMINATIONS, PREF- ERENCE WILL BE GIVEN TO: (I) THOSE APPLICANTS THAT HAVE BEEN DEEMED ELIGIBLE FOR NEW YORK'S MEDICAID REDESIGN TEAM WAIVER DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PROGRAM (DSRIP), IN WHICH CASE SUCH APPLICATION SHALL BE COORDINATED WITH THE APPLICANT'S DSRIP APPLICATION, AND (II) OTHER TRANSFORMATIONAL PROGRAMS AS DETERMINED BY THE COMMISSIONER. S 9. Intentionally omitted. S 10. Paragraph (c) of subdivision 1 of section 2815 of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: (c) "Participating [general hospital] BORROWER" shall mean a not-for- profit general hospital, A NOT-FOR-PROFIT DIAGNOSTIC CENTER, A NOT-FOR- PROFIT TREATMENT CENTER, A NOT-FOR-PROFIT RESIDENTIAL HEALTH CARE FACIL- ITY OR ANY OTHER NOT-FOR-PROFIT ENTITY IN POSSESSION OF A VALID OPERATING CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE, EACH organized under the laws of this state, which has been approved for participation in this program by the commissioner. S 11. Paragraphs (b), (c), and (d) of subdivision 3 and subdivisions 3-a, 4, 5, and 6 of section 2815 of the public health law, as added by chapter 639 of the laws of 1996, subdivision 3-a as added by chapter 1 of the laws of 1999, are amended to read as follows: (b) for the development and implementation of business plans for participating [general hospitals] BORROWERS, addressing the development of service delivery strategies, including strategies for the formation or strengthening of networks, affiliations or other business combina- tions, designed to provide long-term financial stability within and among participating [general hospitals] BORROWERS; (c) for the expenditure or loan of funds by the authority from the restructuring pool to reimburse the authority or the agency, where appropriate, for the costs of engaging management, legal or accounting consultants to identify, develop and implement improved strategies for one or more participating [general hospitals] BORROWERS for implementing the recommendations of such consultants, where appropriate, and for the payment of debt service on bonds, notes or other obligations issued or incurred by the authority or the agency to fund loans to one or more participating [general hospitals] BORROWERS; (d) for assurances that participating [general hospitals] BORROWERS will address the recommendations of such consultants and furnish the commissioner, the authority, and where applicable, the agency, with such additional financial, management, legal and operational information as each may deem necessary to monitor the performance of a participating [general hospital] BORROWER; and 3-a. Any participating [general hospital] BORROWER may apply for restructuring pool funds to the extent such funds are derived from deposits made pursuant to paragraph (d) of subdivision one of section twenty-eight hundred seven-l of this article, provided, however, that, in reviewing such applications, the commissioner and the authority shall consider the extent to which the applicant hospital has alternative available sources of funds, including, but not limited to, funds avail- able through affiliation agreements with other hospitals OR ENTITIES. 4. To the extent funds are available from a participating [general hospital] BORROWER therefor, expenditures from the restructuring pool S. 6358 14 A. 8558 shall be repaid to the restructuring pool from repayments received by the authority, or the agency where applicable, from a participating [general hospital] BORROWER pursuant to the terms of any financing agreement, mortgage or loan document permitting the recovery from the participating [general hospital] BORROWER of such expenditures. The authority shall record and account for all such payments, which shall be deposited in the restructuring pool. 5. Loans from the restructuring pool shall be made pursuant to an agreement with the participating [general hospital] BORROWER specifying the terms thereof, including repayment terms. The authority shall record and account for all such repayments, which shall be deposited in the restructuring pool. The authority shall notify the chair of the senate finance committee, the director of the division of budget, the chair of the assembly ways and means committee, five days prior to the making of a loan from the restructuring pool. The authority shall also report quarterly to such chairpersons on the transactions in the pool, includ- ing but not limited to deposits to the pool, loans made from the pool, investment income, and the balance on hand as of the end of the month for each such quarter. 6. The commissioner is authorized, with the assistance and cooperation of the authority, to provide a program of technical assistance to participating [general hospitals] BORROWERS. S 12. Section 2801-a of the public health law is amended by adding a new subdivision 17 to read as follows: 17. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A PILOT PROGRAM TO ASSIST IN RESTRUCTURING HEALTH CARE DELIVERY SYSTEMS BY ALLOWING FOR INCREASED CAPITAL INVESTMENT IN HEALTH CARE FACILITIES. PURSUANT TO THE PILOT PROGRAM, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL APPROVE THE ESTABLISHMENT, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI- SION THREE OF THIS SECTION, OF NO MORE THAN FIVE BUSINESS CORPORATIONS FORMED UNDER THE BUSINESS CORPORATION LAW. SUCH BUSINESS CORPORATIONS SHALL AFFILIATE, THE EXTENT OF THE AFFILIATION TO BE DETERMINED BY THE COMMISSIONER, WITH AT LEAST ONE ACADEMIC MEDICAL INSTITUTION OR TEACHING HOSPITAL APPROVED BY THE COMMISSIONER. A BUSINESS CORPORATION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM IF THE NUMBER OF ITS STOCK HOLDERS EXCEEDS THIRTY-FIVE, OR IF ANY OF ITS STOCK, OR THAT OF ANY OF ITS DIRECT OR INDIRECT OWNERS, IS OR WILL BE TRADED ON A PUBLIC STOCK EXCHANGE OR ON AN OVER-THE-COUNTER MARKET. (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BUSINESS CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED ELIGIBLE TO PARTICIPATE IN DEBT FINANCING PROVIDED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, LOCAL DEVELOPMENT CORPORATIONS AND ECONOMIC DEVELOPMENT CORPORATIONS. (C) THE FOLLOWING PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO BUSI- NESS CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION: (I) PARA- GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLD- ERS, OTHER THAN PRINCIPAL STOCKHOLDERS; (II) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; (III) PARAGRAPHS (D) AND (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK; AND (IV) PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION FOUR THOUSAND FOUR OF THIS CHAPTER, RELATING TO THE OWNERSHIP OF STOCK. NOTWITHSTANDING THE FOREGOING, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY REQUIRE THE DISCLOSURE OF THE IDENTITY OF STOCKHOLDERS. (D) THE CORPORATE POWERS AND PURPOSES OF A BUSINESS CORPORATION ESTAB- LISHED AS AN OPERATOR PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO S. 6358 15 A. 8558 THE OWNERSHIP AND OPERATION, OR OPERATION, OF A HOSPITAL OR HOSPITALS SPECIFICALLY NAMED AND THE LOCATION OR LOCATIONS OF WHICH ARE SPECIF- ICALLY DESIGNATED BY STREET ADDRESS, CITY, TOWN, VILLAGE OR LOCALITY AND COUNTY; PROVIDED, HOWEVER, THAT THE CORPORATE POWERS AND PURPOSES MAY ALSO INCLUDE THE OWNERSHIP AND OPERATION, OR OPERATION, OF A CERTIFIED HOME HEALTH AGENCY OR LICENSED HOME CARE SERVICES AGENCY OR AGENCIES AS DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER OR A HOSPICE OR HOSPICES AS DEFINED IN ARTICLE FORTY OF THIS CHAPTER, IF THE CORPORATION HAS RECEIVED ALL APPROVALS REQUIRED UNDER SUCH LAW TO OWN AND OPERATE, OR OPERATE, SUCH HOME CARE SERVICES AGENCY OR AGENCIES OR HOSPICE OR HOSPICES. SUCH CORPORATE POWERS AND PURPOSES SHALL NOT BE MODIFIED, AMENDED OR DELETED WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER. (E) (1) IN DISCHARGING THE DUTIES OF THEIR RESPECTIVE POSITIONS, THE BOARD OF DIRECTORS, COMMITTEES OF THE BOARD AND INDIVIDUAL DIRECTORS AND OFFICERS OF A BUSINESS CORPORATION ESTABLISHED PURSUANT TO THIS SUBDIVI- SION SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON: (A) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE; (B) THE SHAREHOLDERS OF THE BUSINESS CORPORATION; (C) THE EMPLOYEES AND WORKFORCE OF THE BUSINESS; (D) THE INTERESTS OF PATIENTS OF THE HOSPITAL OR HOSPITALS; (E) COMMUNITY AND SOCIETAL CONSIDERATIONS, INCLUDING THOSE OF ANY COMMUNITY IN WHICH FACILITIES OF THE CORPORATION ARE LOCATED; (F) THE LOCAL AND GLOBAL ENVIRONMENT; AND (G) THE SHORT-TERM AND LONG-TERM INTERESTS OF THE CORPORATION, INCLUD- ING BENEFITS THAT MAY ACCRUE TO THE CORPORATION FROM ITS LONG-TERM PLANS. (2) THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED BY PARAGRAPH ONE OF THIS PARAGRAPH: (A) SHALL NOT CONSTITUTE A VIOLATION OF THE PROVISIONS OF SECTION SEVEN HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO- RATION LAW; AND (B) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO CONSIDER INTERESTS AND FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI- NESS CORPORATION LAW. (F) A SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI- TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE CORPORATION SHALL NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE COMMISSIONER. (G) NO LATER THAN TWO YEARS AFTER THE ESTABLISHMENT OF A BUSINESS CORPORATION UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE GOVERNOR, THE MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY WITH A WRITTEN EVALUATION OF THE PILOT PROGRAM. SUCH EVALUATION SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THE PROGRAM IN ALLOWING FOR ACCESS TO CAPITAL INVESTMENT IN HEALTH CARE FACILITIES AND THE IMPACT SUCH ACCESS MAY HAVE ON THE QUALITY OF CARE PROVIDED BY HOSPITALS OPER- ATED BY BUSINESS CORPORATIONS ESTABLISHED UNDER THIS SUBDIVISION. S 13. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A HOSPITAL OR HOSPITALS. S 14. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: S. 6358 16 A. 8558 SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A HOSPITAL OR HOSPITALS. S 15. Subdivisions 1, 2 and 3 of section 2802 of the public health law, subdivisions 1 and 2 as amended by section 58 of part A of chapter 58 of the laws of 2010, subdivision 3 as amended by chapter 609 of the laws of 1982 and paragraph (e) of subdivision 3 as amended by chapter 731 of the laws of 1993, are amended to read as follows: 1. An application for such construction shall be filed with the department, together with such other forms and information as shall be prescribed by, or acceptable to, the department. Thereafter the depart- ment shall forward a copy of the application and accompanying documents to the public health and health planning council, and the health systems agency, if any, having geographical jurisdiction of the area where the hospital is located. 2. The commissioner shall not act upon an application for construction of a hospital until the public health and health planning council and the health systems agency have had a reasonable time to submit their recommendations, and unless (a) the applicant has obtained all approvals and consents required by law for its incorporation or establishment (including the approval of the public health and health planning council pursuant to the provisions of this article) provided, however, that the commissioner may act upon an application for construction by an appli- cant possessing a valid operating certificate when the application qual- ifies for review without the recommendation of the council pursuant to regulations adopted by the council and approved by the commissioner; and (b) the commissioner is satisfied as to the public need for the construction, at the time and place and under the circumstances proposed, provided however that[,] in the case of an application by a hospital established or operated by an organization defined in subdivi- sion one of section four hundred eighty-two-b of the social services law, the needs of the members of the religious denomination concerned, for care or treatment in accordance with their religious or ethical convictions, shall be deemed to be public need[.]; AND FURTHER PROVIDED THAT: (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREAT- MENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY TO PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED WITHOUT REGARD FOR PUBLIC NEED; OR (II) AN APPLICATION BY A GENERAL HOSPITAL OR A DIAGNOSTIC AND TREATMENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO UNDERTAKE CONSTRUCTION THAT DOES NOT INVOLVE A CHANGE IN CAPACITY, THE TYPES OF SERVICES PROVIDED, MAJOR MEDICAL EQUIPMENT, FACILITY REPLACEMENT, OR THE GEOGRAPHIC LOCATION OF SERVICES, MAY BE APPROVED WITHOUT REGARD FOR PUBLIC NEED. 3. Subject to the provisions of paragraph (b) of subdivision two OF THIS SECTION, the commissioner in approving the construction of a hospi- tal shall take into consideration and be empowered to request informa- tion and advice as to (a) the availability of facilities or services such as preadmission, ambulatory or home care services which may serve as alternatives or substitutes for the whole or any part of the proposed hospital construction; (b) the need for special equipment in view of existing utilization of comparable equipment at the time and place and under the circumstances proposed; S. 6358 17 A. 8558 (c) the possible economies and improvements in service to be antic- ipated from the operation of joint central services including, but not limited to laboratory, research, radiology, pharmacy, laundry and purchasing; (d) the adequacy of financial resources and sources of future revenue, PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE ADEQUACY OF FINANCIAL RESOURCES AND SOURCES OF FUTURE REVENUE IN RELATION TO APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION; and (e) whether the facility is currently in substantial compliance with all applicable codes, rules and regulations, provided, however, that the commissioner shall not disapprove an application solely on the basis that the facility is not currently in substantial compliance, if the application is specifically: (i) to correct life safety code or patient care deficiencies; (ii) to correct deficiencies which are necessary to protect the life, health, safety and welfare of facility patients, residents or staff; (iii) for replacement of equipment that no longer meets the generally accepted operational standards existing for such equipment at the time it was acquired; and (iv) for decertification of beds and services. S 16. Subdivisions 1, 2 and 3 of section 2807-z of the public health law, as amended by chapter 400 of the laws of 2012, are amended to read as follows: 1. Notwithstanding any provision of this chapter or regulations or any other state law or regulation, for any eligible capital project as defined in subdivision six of this section, the department shall have thirty days [of] AFTER receipt of the certificate of need OR CONSTRUCTION application, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, for a limited or administrative review to deem such application complete. If the department determines the application is incomplete or that more information is required, the department shall notify the applicant in writing within thirty days of the date of the application's submission, and the applicant shall have twenty business days to provide additional information or otherwise correct the defi- ciency in the application. 2. For an eligible capital project requiring a limited or administra- tive review, within ninety days of the department deeming the applica- tion complete, the department shall make a decision to approve or disap- prove the certificate of need OR CONSTRUCTION application for such project. If the department determines to disapprove the project, the basis for such disapproval shall be provided in writing; however, disap- proval shall not be based on the incompleteness of the application. If the department fails to take action to approve or disapprove the appli- cation within ninety days of the certificate of need application being deemed complete, the application will be deemed approved. 3. For an eligible capital project requiring full review by the coun- cil, the certificate of need OR CONSTRUCTION application shall be placed on the next council agenda following the department deeming the applica- tion complete. S 17. Section 2801-a of the public health law is amended by adding a new subdivision 3-b to read as follows: 3-B. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER TO THE CONTRARY, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE THE ESTABLISHMENT OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED OPERATING CERTIFICATES FOR THE PURPOSE OF PROVIDING PRIMARY CARE, AS DEFINED BY S. 6358 18 A. 8558 THE COMMISSIONER IN REGULATIONS, WITHOUT REGARD TO THE REQUIREMENTS OF PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. S 18. Subdivision 3 of section 2801-a of the public health law, as amended by section 57 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 3. The public health and health planning council shall not approve a certificate of incorporation, articles of organization or application for establishment unless it is satisfied, insofar as applicable, as to (a) the public need for the existence of the institution at the time and place and under the circumstances proposed, provided, however, that in the case of an institution proposed to be established or operated by an organization defined in subdivision one of section one hundred seventy- two-a of the executive law, the needs of the members of the religious denomination concerned, for care or treatment in accordance with their religious or ethical convictions, shall be deemed to be public need; (b) the character, competence, and standing in the community, of the proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS, stockholders, [members] PRINCIPAL STOCKHOLDERS or operators; with respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI- PAL MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator who is already or within the past [ten] SEVEN years has been an incorpora- tor, director, sponsor, member, principal stockholder, principal member, or operator of any hospital, private proprietary home for adults, resi- dence for adults, or non-profit home for the aged or blind which has been issued an operating certificate by the state department of social services, or a halfway house, hostel or other residential facility or institution for the care, custody or treatment of the mentally disabled which is subject to approval by the department of mental hygiene, no approval shall be granted unless the public health and health planning council, having afforded an adequate opportunity to members of health systems agencies, if any, having geographical jurisdiction of the area where the institution is to be located to be heard, shall affirmatively find by substantial evidence as to each such incorporator, director, sponsor, MEMBER, PRINCIPAL MEMBER, principal stockholder or operator that a substantially consistent high level of care is being or was being rendered in each such hospital, home, residence, halfway house, hostel, or other residential facility or institution with which such person is or was affiliated; for the purposes of this paragraph, the public health and health planning council shall adopt rules and regulations, subject to the approval of the commissioner, to establish the criteria to be used to determine whether a substantially consistent high level of care has been rendered, provided, however, that there shall not be a finding that a substantially consistent high level of care has been rendered where there have been violations of the state hospital code, or other applicable rules and regulations, that (i) threatened to directly affect the health, safety or welfare of any patient or resident, and (ii) were recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA- TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO THE ACTION OR INACTION OF SUCH PROPOSED INCORPORATOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERA- TOR DUE TO THE TIMING, EXTENT OR MANNER OF THE AFFILIATION; (c) the financial resources of the proposed institution and its sources of future revenues; and (d) such other matters as it shall deem pertinent. S. 6358 19 A. 8558 S 19. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the public health law, as amended by section 57 of part A of chapter 58 of the laws of 2010, are amended to read as follows: (b) [(i)] Any transfer, assignment or other disposition of ten percent or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part- nership or limited liability company, which is the] AN operator of a hospital to a new STOCKHOLDER, partner or member, OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF A DIRECT OR INDIRECT INTEREST OR VOTING RIGHTS OF SUCH AN OPERATOR WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS OF SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall be approved by the public health and health planning council, in accord- ance with the provisions of subdivisions two and three of this section, except that: (A) any such change shall be subject to the approval by the public health and health planning council in accordance with paragraph (b) of subdivision three of this section only with respect to the new STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners or members who have not been previously approved for that facility in accordance with such paragraph, and (B) such change shall not be subject to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF SUCH APPROVAL, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION. [(ii)] (C) (I) With respect to a transfer, assignment or disposition involving less than ten percent of [an] A DIRECT OR INDIRECT interest or voting rights in [such partnership or limited liability company] AN OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior approval of the public health and health planning council shall be required. However, no such transaction shall be effective unless at least ninety days prior to the intended effective date thereof, the [partnership or limited liability company] OPERATOR fully completes and files with the public health and health planning council notice on a form, to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction for any of the reasons set forth in item (A), (B), (C) or (D) below. Within ninety days from the date of receipt of such notice, the public health and health planning council may bar any transaction under this subparagraph: (A) if the equity position of the [partnership or limited liability company,] OPERATOR, determined in accordance with generally accepted accounting principles, would be reduced as a result of the transfer, assignment or disposition; (B) if the transaction would result in the ownership of a [partnership or membership] DIRECT OR INDIRECT interest OR VOTING RIGHTS by any persons who have been convicted of a felony described in subdivision five of section twenty-eight hundred six of this article; (C) if there are reasonable grounds to believe that the proposed transaction does not satisfy the character and competence criteria set forth in subdivision three of this section; or (D) UPON THE RECOMMENDATION OF THE COMMISSION- ER, if the transaction, together with all transactions under this subparagraph for the [partnership] OPERATOR, or successor, during any five year period would, in the aggregate, involve twenty-five percent or more of the interest in the [partnership] OPERATOR. The public health and health planning council shall state specific reasons for barring any transaction under this subparagraph and shall so notify each party to the proposed transaction. S. 6358 20 A. 8558 [(iii) With respect to a transfer, assignment or disposition of an interest or voting rights in such partnership or limited liability company to any remaining partner or member, which transaction involves the withdrawal of the transferor from the partnership or limited liabil- ity company, no prior approval of the public health and health planning council shall be required. However, no such transaction shall be effec- tive unless at least ninety days prior to the intended effective date thereof, the partnership or limited liability company fully completes and files with the public health and health planning council notice on a form, to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction for the reason set forth below. Within ninety days from the date of receipt of such notice, the public health and health planning council may bar any transaction under this subparagraph if the equity position of the partnership or limited liability company, determined in accordance with generally accepted accounting principles, would be reduced as a result of the transfer, assignment or disposition. The public health and health planning council shall state specific reasons for barring any transaction under this subparagraph and shall so notify each party to the proposed transaction. (c) Any transfer, assignment or other disposition of ten percent or more of the stock or voting rights thereunder of a corporation which is the operator of a hospital or which is a member of a limited liability company which is the operator of a hospital to a new stockholder, or any transfer, assignment or other disposition of the stock or voting rights thereunder of such a corporation which results in the ownership or control of more than ten percent of the stock or voting rights there- under of such corporation by any person not previously approved by the public health and health planning council, or its predecessor, for that corporation shall be subject to approval by the public health and health planning council, in accordance with the provisions of subdivisions two and three of this section and rules and regulations pursuant thereto; except that: any such transaction shall be subject to the approval by the public health and health planning council in accordance with para- graph (b) of subdivision three of this section only with respect to a new stockholder or a new principal stockholder; and shall not be subject to paragraph (a) of subdivision three of this section. In the absence of such approval, the operating certificate of such hospital shall be subject to revocation or suspension.] (II) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or disposition of ten percent or more of [the stock] A DIRECT OR INDIRECT INTEREST or voting rights [thereunder of a corporation which is the] IN AN operator of a hospital [or which is a member of a limited liability company which is the owner of a hospital] to any person previously approved by the public health and health plan- ning council, or its predecessor, for that [corporation] OPERATOR. However, no such transaction shall be effective unless at least ninety days prior to the intended effective date thereof, the [stockholder] OPERATOR FULLY completes and files with the public health and health planning council notice on forms to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction. Such trans- action will be final as of the intended effective date unless, prior thereto, the public health and health planning council shall state S. 6358 21 A. 8558 specific reasons for barring such transactions under this paragraph and shall notify each party to the proposed transaction. Nothing in this paragraph shall be construed as permitting a person not previously approved by the public health and health planning council for that [corporation] OPERATOR to become the owner of ten percent or more of the [stock of a corporation which is] INTEREST OR VOTING RIGHTS, DIRECTLY OR INDIRECTLY, IN the operator of a hospital [or which is a member of a limited liability company which is the owner of a hospital] without first obtaining the approval of the public health and health planning council. S 20. Subdivision 1 of section 3611-a of the public health law, as amended by section 67 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 1. Any change in the person who, or any transfer, assignment, or other disposition of an interest or voting rights of ten percent or more, or any transfer, assignment or other disposition which results in the ownership or control of an interest or voting rights of ten percent or more, in a limited liability company or a partnership which is the oper- ator of a licensed home care services agency or a certified home health agency shall be approved by the public health and health planning coun- cil, in accordance with the provisions of subdivision four of section thirty-six hundred five of this article relative to licensure or subdi- vision two of section thirty-six hundred six of this article relative to certificate of approval, except that: (a) Public health and health planning council approval shall be required only with respect to the person, or the member or partner that is acquiring the interest or voting rights; and (b) With respect to certified home health agencies, such change shall not be subject to the public need assessment described in paragraph (a) of subdivision two of section thirty-six hundred six of this article. (c) IN THE ABSENCE OF SUCH APPROVAL, THE LICENSE OR CERTIFICATE OF APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION. (D) (I) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or disposition of: [(i)] (A) an interest or voting rights to any person previously approved by the public health and health planning council, or its prede- cessor, for that operator; or [(ii)] (B) an interest or voting rights of less than ten percent in the operator. [However, no] (II) NO such transaction UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH shall be effective unless at least ninety days prior to the intended effective date thereof, the [partner or member] OPERATOR completes and files with the public health and health planning council notice on forms to be developed by the public health council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the trans- action. Such transaction will be final as of the intended effective date unless, prior thereto, the public health and health planning council shall state specific reasons for barring such transactions under this paragraph and shall notify each party to the proposed transaction. S 21. Section 2801-a of the public health law is amended by adding a new subdivision 17 to read as follows: 17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE HEALTH CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHARMACY, A STORE OPEN TO THE GENERAL PUBLIC OR A SHOPPING MALL, OR S. 6358 22 A. 8558 WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS OF NEW YORK WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI- CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE IN DELIVERING HIGH QUALITY HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO IN THIS SECTION AS "LIMITED SERVICES CLINICS". FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED SERVICES CLINICS; PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES OR THEIR STOCKHOLDERS OR MEMBERS, AS APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS, PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS; (II) OVERSIGHT OF THE OPERATOR AND ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES CLINICS; AND (III) RELATING TO THE CHARACTER AND COMPETENCE AND QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE OPERATOR AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS. (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT- ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI- SION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND MEMBERS OTHER THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL MEMBERS; (III) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP. (C) A LIMITED SERVICES CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP- TER. A PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW. (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA- TIONAL AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING ACCREDI- TATION; DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED; PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUNGER; THE PROVISION OF SPECIFIC IMMUNIZATIONS TO PATIENTS YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR GUIDE- LINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS. S. 6358 23 A. 8558 S 22. The public health law is amended by adding a new section 230-e to read as follows: S 230-E. URGENT CARE. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "ACCREDITED STATUS" MEANS THE FULL ACCREDITATION BY SUCH NATIONAL- LY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE COMMISSIONER. (B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR LIFE-THREATENING OR POTENTIALLY DISABLING TRAUMA, BURNS, RESPIRATORY, CIRCULATORY OR OBSTETRICAL CONDITIONS. (C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE AUTHOR- IZED UNDER ARTICLES ONE HUNDRED THIRTY-ONE OR ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW. (D) "URGENT CARE" SHALL MEAN THE PROVISION OF TREATMENT ON AN UNSCHED- ULED BASIS TO PATIENTS FOR ACUTE EPISODIC ILLNESS OR MINOR TRAUMAS THAT ARE NOT LIFE-THREATENING OR POTENTIALLY DISABLING OR FOR MONITORING OR TREATMENT OVER PROLONGED PERIODS. (E) "URGENT CARE PROVIDER" SHALL MEAN A LICENSEE PRACTICE THAT ADVER- TISES OR HOLDS ITSELF OUT AS A PROVIDER OF URGENT CARE. 2. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE, ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF URGENT CARE THROUGH THE USE OF THE TERM URGENT CARE, OR THROUGH ANY OTHER TERM OR SYMBOL THAT IMPLIES THAT IT IS A PROVIDER OF URGENT CARE, UNLESS IT OBTAINS AND MAINTAINS FULL ACCREDITED STATUS AND OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS SECTION AND REGULATIONS PROMULGATED HEREUNDER. 3. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE, ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF EMERGENCY MEDICAL CARE THROUGH THE USE OF THE TERM EMERGENCY, OR THROUGH ANY OTHER TERM OR SYMBOL THAT IMPLIES THAT IT IS A PROVIDER OF EMERGENCY MEDICAL CARE, REGARDLESS OF WHETHER IT IS AN URGENT CARE PROVIDER ACCREDITED UNDER THIS SECTION. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A HOSPITAL ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER FROM PROVIDING URGENT CARE OR EMERGENCY MEDICAL CARE OR FROM DISPLAYING SIGNAGE, ADVER- TISING OR HOLDING ITSELF OUT AS A PROVIDER OF URGENT OR EMERGENCY CARE PURSUANT TO REGULATIONS PROMULGATED UNDER THAT ARTICLE. 5. THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, BY A MAJORITY VOTE OF ITS MEMBERS, SHALL ADOPT AND AMEND RULES AND REGULATIONS, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, TO EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO DEFINING THE SCOPE OF SERVICES TO BE PROVIDED BY URGENT CARE PROVIDERS; REQUIRING URGENT CARE PROVIDERS TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES PROVIDED; AND ESTABLISHING STANDARDS FOR APPROPRIATE REFERRAL AND CONTI- NUITY OF CARE, STAFFING, EQUIPMENT, AND MAINTENANCE AND TRANSMISSION OF PATIENT RECORDS. SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED BY URGENT CARE PROVIDERS WITH THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS. THE COMMISSIONER SHALL ENFORCE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM APPROPRIATE, TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 23. Section 230-d of the public health law, as added by chapter 365 of the laws of 2007, paragraph (i) of subdivision 1 as amended by chap- ter 438 of the laws of 2012, and subdivision 4 as amended by chapter 477 of the laws of 2008, is amended to read as follows: S. 6358 24 A. 8558 S 230-d. Office-based surgery AND OFFICE-BASED ANESTHESIA. 1. The following words or phrases, as used in this section shall have the following meanings: (a) "Accredited status" means the full accreditation by nationally-re- cognized accrediting agency(ies) determined by the commissioner. (b) "Adverse event" means (i) patient death within thirty days; (ii) unplanned transfer to a hospital OR EMERGENCY DEPARTMENT VISIT WITHIN SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY; (iii) unscheduled hospital admission OR ASSIGNMENT TO OBSERVATION SERVICES, within seventy-two hours of the office-based surgery, for longer than twenty-four hours; or (iv) any other serious or life-threatening event. (c) "Deep sedation" means a drug-induced depression of consciousness during which (i) the patient cannot be easily aroused but responds purposefully following repeated painful stimulation; (ii) the patient's ability to maintain independent ventilatory function may be impaired; (iii) the patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate; and (iv) the patient's cardiovascular function is usually maintained without assistance. (d) "General anesthesia" means a drug-induced depression of conscious- ness during which (i) the patient is not arousable, even by painful stimulation; (ii) the patient's ability to maintain independent ventila- tory function is often impaired; (iii) the patient, in many cases, often requires assistance in maintaining a patent airway and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function; and (iv) the patient's cardiovascular function may be impaired. (e) "Moderate sedation" means a drug-induced depression of conscious- ness during which (i) the patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation; (ii) no interventions are required to maintain a patent airway; (iii) sponta- neous ventilation is adequate; and (iv) the patient's cardiovascular function is usually maintained without assistance. (f) "Minimal sedation" means a drug-induced state during which (i) patients respond normally to verbal commands; (ii) cognitive function and coordination may be impaired; and (iii) ventilatory and cardiovascu- lar functions are unaffected. (g) "Minor procedures" means (i) procedures that can be performed safely with a minimum of discomfort where the likelihood of compli- cations requiring hospitalization is minimal; (ii) procedures performed with local or topical anesthesia; or (iii) liposuction with removal of less than 500 cc of fat under unsupplemented local anesthesia. (h) "Office-based surgery" means any surgical or other invasive proce- dure, requiring general anesthesia, NEURAXIAL ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, moderate sedation, or deep sedation, and any liposuction procedure, where such surgical or other invasive procedure or liposuction is performed by a licensee in a location other than a hospital, as such term is defined in article twen- ty-eight of this chapter, excluding minor procedures and procedures requiring minimal sedation. (i) "Licensee" shall mean an individual licensed or otherwise author- ized under article one hundred thirty-one, one hundred thirty-one-B[, individuals who have obtained an issuance of a privilege to perform podiatric standard or advanced ankle surgery pursuant to subdivisions one and two of section seven thousand nine] OR ONE HUNDRED FORTY-ONE of the education law. S. 6358 25 A. 8558 (J) "MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS" MEANS TYPES OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED TO A LARGE AREA OF THE EXTREMITY BY ADMINISTRATION OF MEDICATION AROUND THE NERVES SUPPLYING THAT REGION OF THE EXTREMITY. (K) "NEURAXIAL ANESTHESIA" MEANS A FORM OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED BY ADMINISTRATION OF MEDICA- TION INTO THE EPIDURAL SPACE OR SPINAL CANAL. (L) "OFFICE-BASED ANESTHESIA" MEANS GENERAL ANESTHESIA, NEURAXIAL ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, MODER- ATE SEDATION OR DEEP SEDATION WHERE SUCH ANESTHESIA IS ADMINISTERED BY A LICENSEE IN A LOCATION OTHER THAN A HOSPITAL, AS SUCH TERM IS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER. 2. Licensee practices in which office-based surgery OR OFFICE-BASED ANESTHESIA is performed shall obtain and maintain full accredited status AND REGISTER WITH THE DEPARTMENT. 3. A licensee may only perform office-based surgery OR OFFICE-BASED ANESTHESIA in a setting that has obtained and maintains full accredited status AND IS REGISTERED WITH THE DEPARTMENT. 4. Licensees shall report adverse events to the department's patient safety center within [one] THREE business [day] DAYS of the occurrence of such adverse event. Licensees shall also report any suspected health care disease transmission originating in their practices to the patient safety center within [one] THREE business [day] DAYS of becoming aware of such suspected transmission. For purposes of this section, health care disease transmission shall mean the transmission of a reportable communicable disease that is blood borne from a health care professional to a patient or between patients as a result of improper infection control practices by the health care professional. LICENSEES SHALL REPORT TO THE DEPARTMENT DATA AS DEFINED BY THE DEPARTMENT. The reported data shall be subject to all confidentiality provisions provided by section twenty-nine hundred ninety-eight-e of this chapter. 4-A. OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA SHALL BE LIMITED TO OPERATIONS AND PROCEDURES WITH AN EXPECTED DURATION OF NO MORE THAN SIX HOURS AND EXPECTED APPROPRIATE AND SAFE DISCHARGE WITHIN SIX HOURS. 5. The commissioner shall make, adopt, promulgate and enforce such rules and regulations, as he or she may deem appropriate, to effectuate the purposes of this section. Where any rule or regulation under this section would affect the scope of practice of a health care practitioner licensed, registered or certified under title eight of the education law other than those licensed under articles one hundred thirty-one or one hundred thirty-one-B of the education law, the rule or regulation shall be made with the concurrence of the commissioner of education. S 24. Subdivision 1 of section 2998-e of the public health law, as added by chapter 365 of the laws of 2007, is amended to read as follows: 1. The commissioner shall enter into agreements with accrediting agen- cies pursuant to which the accrediting agencies shall UTILIZE AMERICAN BOARD OF MEDICAL SPECIALTIES (ABMS) CERTIFICATION, HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY OF PRACTITIONERS TO PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANESTHESIA, CARRY OUT SURVEYS OR COMPLAINT/INCIDENT INVESTIGATIONS UPON DEPARTMENT REQUEST AND SHALL report, at a minimum, [aggregate data on adverse events] FINDINGS OF SURVEYS AND COMPLAINT/INCIDENT INVESTIGATIONS, AND DATA for all office-based surgical AND OFFICE-BASED ANESTHESIA practices accredited by the accrediting agencies to the department. The department may disclose reports of aggregate data to the public. S. 6358 26 A. 8558 S 25. Subdivision 4 of section 2951 of the public health law is REPEALED. S 26. Section 2956 of the public health law is REPEALED. S 27. Section 4310 of the public health law, as amended by chapter 639 of the laws of 2006, the section heading as separately amended by chap- ter 640 of the laws of 2006, subdivisions 1 and 3 as amended by chapter 158 of the laws of 2012, subdivision 2 as separately amended by chapters 158 and 465 of the laws of 2012, is amended to read as follows: S 4310. New York state donate life registry for organ, EYE and tissue donations. 1. The department shall establish an organ, EYE, and tissue donor registry, which shall be called and be referred to as the "donate life registry", WHICH SHALL PROVIDE A MEANS TO MAKE AND REGISTER A GIFT OF ORGANS, EYES AND TISSUES TO TAKE PLACE AFTER DEATH PURSUANT TO SECTION FORTY-THREE HUNDRED ONE OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF THIS ARTICLE. [Such] THE DONATE LIFE registry shall contain a listing of all donors who have declared their consent to make an anatomical gift. 2. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF SECTIONS ONE HUNDRED TWELVE OR ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, THE COMMIS- SIONER MAY ENTER INTO A CONTRACT FOR THE OPERATION AND PROMOTION OF THE DONATE LIFE REGISTRY SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE CONTAINED WITHIN SUCH CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION THAT HAS EXPERIENCE WORKING WITH ORGAN, EYE AND TISSUE PROCUREMENT ORGANIZA- TIONS, HAS EXPERTISE IN CONDUCTING ORGAN, EYE AND TISSUE DONOR PROMO- TIONAL CAMPAIGNS, AND IS AFFILIATED WITH THE ORGAN, EYE AND TISSUE DONATION COMMUNITY THROUGHOUT THE STATE. THE CONTRACTOR MAY SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT. ALL SUCH SUBCONTRACTORS AND THE TERMS OF SUCH SUBCONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE COMMISSIONER. ANY APPLICABLE STATE AGENCY SHALL COOPER- ATE IN THE COLLECTION AND TRANSFER OF REGISTRANT DATA TO THE DONATE LIFE REGISTRY. 3. THE DUTIES OF THE CONTRACTOR SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE DONATE LIFE REGISTRY THAT INCLUDES ONLINE, MAILED AND OTHER FORMS OF ORGAN, EYE AND TISSUE DONOR REGISTRATION, VERIFICATION, AMENDMENT AND REVOCATION; (B) PREPARATION AND SUBMISSION OF A PLAN TO ENCOURAGE ORGAN DONATION THROUGH EDUCATION AND MARKETING EFFORTS AND OTHER RECOMMENDATIONS THAT WOULD STREAMLINE AND ENHANCE THE COST-EFFECTIVE OPERATION OF THE DONATE LIFE REGISTRY; AND (C) PROVISION OF WRITTEN OR ELECTRONIC NOTIFICATION OF REGISTRATION IN THE DONATE LIFE REGISTRY TO AN INDIVIDUAL ENROLLING IN THE DONATE LIFE REGISTRY; AND (D) PREPARATION AND SUBMISSION OF AN ANNUAL WRITTEN REPORT TO THE DEPARTMENT. SUCH REPORT SHALL INCLUDE: (I) A PERFORMANCE MATRIX INCLUDING THE NUMBER OF REGISTRANTS ON THE DONATE LIFE REGISTRY AND AN ANALYSIS OF THE REGISTRATION RATES, INCLUD- ING BUT NOT LIMITED TO, LOCATION, METHOD OF REGISTRATION, DEMOGRAPHIC, AND STATE COMPARISONS; (II) THE CHARACTERISTICS OF REGISTRANTS AS DETERMINED FROM THE DONATE LIFE REGISTRY INFORMATION; (III) THE ANNUAL DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED BY THE CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE DONATE LIFE REGISTRY AND/OR EDUCATIONAL AND PROMOTIONAL CAMPAIGNS AND INITIATIVES; (IV) A DESCRIPTION OF THE PROMOTIONAL CAMPAIGNS AND INITIATIVES IMPLE- MENTED DURING THE YEAR; AND S. 6358 27 A. 8558 (V) ACCOUNTING STATEMENTS OF EXPENDITURES FOR THE PURPOSES OF MAIN- TAINING THE DONATE LIFE REGISTRY AND PROMOTIONAL CAMPAIGNS AND INITI- ATIVES. 4. PAYMENTS TO THE CONTRACTOR FOR THE OPERATION OF THE DONATE LIFE REGISTRY SHALL BE PAID BY THE DEPARTMENT FROM FUNDS AVAILABLE FOR THESE PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE FUNDS DEPOSITED INTO THE LIFE PASS IT ON TRUST FUND PURSUANT TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE, WHICH ARE DESIGNATED FOR MAINTAINING AND OPERAT- ING THE DONATE LIFE REGISTRY AS DEEMED APPROPRIATE BY THE COMMISSIONER. IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE VOLUNTARY CONTRIBUTIONS. 5. (A) Such ORGAN, EYE AND TISSUE registration [of consent to make an anatomical gift] can be made through [(a)]: (I) indication made on the application or renewal form of a DRIVER'S license, [(b)] (II) indication made on a non-driver identification card application or renewal form, [(c) enrolling in the registry website maintained by the department, which may include using an electronic signature subject to article three of the state technology law, (d)] (III) indication made on a voter registration form pursuant to subdivision five of section 5-210 of the election law, (IV) ENROLLMENT THROUGH THE DONATE LIFE REGISTRY WEBSITE, (V) PAPER ENROLLMENT SUBMITTED TO THE DONATE LIFE REGISTRY, or [(e)] (VI) through any other method identified by the commissioner. Where required by law for consent forms described in [paragraphs (a) and (b)] SUBPARAGRAPHS (I) AND (II) of this [subdivision] PARAGRAPH, the commis- sioner shall ensure that space is provided on any consent form so that the applicant shall register or decline registration in the donate life registry for organ, EYE and tissue donations under this section and that the following is stated on the form in clear and conspicuous type: "You must fill out the following section: Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this ques- tion'." The commissioner shall not maintain records of any person who checks "skip this question". Failure to check a box shall not impair the valid- ity of an application, and failure to check "yes" or checking "skip this question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry. Where an applicant has previously consented to make an anatomical gift or registered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration. ENROLLMENT THROUGH THE DONATE LIFE REGIS- TRY WEBSITE THROUGH ANY OF THE MEANS LISTED ABOVE MAY BE SIGNED BY ELEC- TRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUITABLE MECHANISMS TO PROVIDE CONFIDENCE IN THE IDENTITY OF THE PERSON PROVIDING THE ELECTRON- IC SIGNATURE. The registration shall take effect upon the provision of written or electronic notice of the registration to the [person] INDI- VIDUAL enrolling in the DONATE LIFE registry. [3. (a) Information contained in the registry shall be accessible to (i) federally designated organ procurement organizations, (ii) eye and tissue banks licensed by the department pursuant to article forty-three-B of this chapter, and (iii) any other entity formally approved by the commissioner. (b) The information contained in the registry shall not be released to any person except as expressly authorized by this section solely for the S. 6358 28 A. 8558 purpose of identifying potential organ and tissue donors at or near the time of death. 4. If the department had an established registry prior to the effec- tive date of this section, it shall be deemed to meet the requirements of this section. 5. The registry shall provide persons enrolled the opportunity to specify which organs and tissues they want to donate and if the donation can be used for transplantation, research, or both.] (B) AMENDMENTS OR REVOCATIONS FROM THE DONATE LIFE REGISTRY MAY BE MADE BY THE FOLLOWING, SUBJECT TO THE REQUIREMENTS OF THE COMMISSIONER: (I) REGISTRANTS SUBMITTING A REQUEST IN WRITING TO THE DONATE LIFE REGISTRY; OR (II) REGISTRANTS SUBMITTING A REQUEST ELECTRONICALLY THROUGH THE DONATE LIFE REGISTRY WEBSITE. (C) REMOVAL FROM THE DONATE LIFE REGISTRY SHALL NOT BE DEEMED A REFUSAL OF ANY OTHER OR FUTURE ANATOMICAL GIFT. (D) THE DONATE LIFE REGISTRY SHALL PROVIDE INDIVIDUALS ENROLLED THE OPPORTUNITY TO SPECIFY WHICH ORGANS AND TISSUES THEY WANT TO DONATE AND IF THE DONATION MAY BE USED FOR TRANSPLANTATION, RESEARCH, OR BOTH. 6. [A person] AN INDIVIDUAL registered in the [organ and tissue] DONATE LIFE registry before the effective date of this subdivision shall be deemed to have expressed intent to donate, until and unless he or she files an amendment to his or her registration or a new registration expressing consent to donate. 7. [The commissioner shall contact each person registered before the effective date of this subdivision in the organ and tissue registry in writing to inform him or her that at the time he or she registered, the registry was that of intent and that the registry is now one of consent, to explain in clear and understandable terms the difference between intent and consent, and to provide opportunity for the person to change his or her registration to provide consent by amending his or her current registration or executing a new registration.] (A) THE DONATE LIFE REGISTRY SHALL BE MAINTAINED IN A MANNER THAT ALLOWS IMMEDIATE ACCESS TO ORGAN, EYE AND TISSUE DONATION RECORDS TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK TO THE CONTRACTOR, THE DEPARTMENT, FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATIONS, LICENSED EYE AND TISSUE BANKS, AND SUCH OTHER ENTITIES WHICH MAY BE APPROVED BY THE DEPARTMENT FOR ACCESS. ACCESS SHALL BE AVAILABLE, TO THE EXTENT PRACTICABLE, TO REGISTRANTS TO CONFIRM THE ACCURACY AND VALIDITY OF THEIR REGISTRATION AND TO AMEND OR REVOKE THEIR REGISTRATION, SUBJECT TO REASONABLE PROCE- DURES TO VERIFY IDENTITY. (B) ACCESS TO THE DONATE LIFE REGISTRY SHALL HAVE SECURITY MEASURES SET FORTH IN THE CONTRACT TO PROTECT THE INTEGRITY OF THE IDENTIFIABLE DATA IN THE DONATE LIFE REGISTRY, WHICH MAY ONLY BE ACCESSED BY THE PARTIES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION AND ONLY FOR THE PURPOSES OF DETERMINING DONOR STATUS AT OR NEAR THE TIME OF DEATH OF AN INDIVIDUAL, BY THE DEPARTMENT FOR ANY PURPOSE, BY THE CONTRACTOR ONLY FOR PURPOSES OF QUALITY ASSESSMENT AND IMPROVEMENT, TECHNICAL SUPPORT AND DONOR SERVICES, OR BY INDIVIDUAL REGISTRANTS FOR THE PURPOSES OF CONFIRMING THE ACCURACY AND VALIDITY OF THEIR REGISTRATION OR MAKING, AMENDING OR REVOKING THEIR REGISTRATION. (C) DE-IDENTIFIED INFORMATION MAY BE ACCESSED BY THE ENTITIES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION OR THEIR DESIGNEES FOR PURPOSES OF ANALYSIS, PROMOTION, EDUCATION, QUALITY IMPROVEMENT AND TECHNICAL SUPPORT. S. 6358 29 A. 8558 8. The commissioner is authorized to promulgate rules and regulations necessary to implement the provisions of this section. 9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER, THE DEPARTMENT, AND ITS EMPLOYEES OR AGENTS, OTHER THAN THOSE OF THE CONTRACTOR, SHALL NOT BE SUBJECT TO ANY LIABILITY WHATSOEVER FOR ANY DAMAGES OR OTHER HARM ARISING FROM THE ACTIONS OR INACTION OF THE CONTRACTOR. S 28. Section 6 of chapter 465 of the laws of 2012, amending the public health law and the vehicle and traffic law relating to establish- ing Lauren's law, is amended to read as follows: S 6. This act shall take effect one year after it shall have become a law; provided that the commissioners of health and motor vehicles may implement sections two, four and five of this act within their respec- tive jurisdictions before that date[; and provided, further, that the provisions of this act shall expire and be deemed repealed three years after such effective date]. S 29. Subdivision 3 of section 95-d of the state finance law, as added by chapter 415 of the laws of 2003, is amended to read as follows: 3. Monies of the fund shall be expended [only for organ transplant research and education projects approved by the commissioner of health, or to provide grants to not-for-profit corporations in this state which are incorporated for the purpose of increasing and promoting organ and tissue donation awareness] TO SUPPORT THE MAINTENANCE AND OPERATION OF THE DONATE LIFE REGISTRY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW. S 30. Section 461-b of the social services law is amended by adding two new subdivisions 9 and 10 to read as follows: 9. (A) THE PRIOR WRITTEN APPROVAL OF THE DEPARTMENT IS REQUIRED FOR: (I) ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF TEN PERCENT OR MORE OF AN INTEREST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY WHICH IS THE OPERATOR OF AN ADULT CARE FACILITY TO A NEW PARTNER, SHAREHOLDER OR MEMBER; OR (II) ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF INTEREST OR VOTING RIGHTS IN A PART- NERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY WHICH IS THE OPERATOR OF AN ADULT CARE FACILITY WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS THERE- UNDER BY ANY PERSON WHO HAS NOT BEEN PREVIOUSLY APPROVED BY THE DEPART- MENT FOR THAT OPERATOR. (B) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION INVOLVING LESS THAN TEN PERCENT OF AN INTEREST OR VOTING RIGHTS IN SUCH PARTNER- SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY TO A NEW PART- NER, SHAREHOLDER OR MEMBER, NO PRIOR APPROVAL OF THE DEPARTMENT SHALL BE REQUIRED. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND FILES WITH THE DEPARTMENT NOTICE ON A FORM, TO BE DEVEL- OPED BY THE DEPARTMENT, WHICH SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO DETERMINE WHETHER IT SHOULD PROHIBIT THE TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE, THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION UNDER THIS SUBPARAGRAPH IF IT FINDS: (I) THERE ARE REASONABLE GROUNDS TO BELIEVE THE PROPOSED TRANSACTION DOES NOT SATISFY THE CHARACTER AND COMPETENCE REVIEW, AS MAY BE APPROPRIATE; OR (II) IF THE TRANSACTION, TOGETHER WITH ALL OTHER SUCH TRANSACTIONS DURING ANY FIVE YEAR PERIOD, WOULD IN THE AGGREGATE, INVOLVE TWENTY-FIVE PERCENT OR MORE OF THE INTEREST IN THE ENTITY THAT CONSTITUTES THE OPERATOR. THE DEPARTMENT S. 6358 30 A. 8558 SHALL STATE THE SPECIFIC REASONS FOR PROHIBITING ANY TRANSACTION UNDER THIS SUBPARAGRAPH AND SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANS- ACTION. (C) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION OF AN INTER- EST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY TO ANY EXISTING PARTNER, SHAREHOLDER OR MEMBER, NO PRIOR APPROVAL OF THE DEPARTMENT SHALL BE REQUIRED. HOWEVER, IF THE TRANSACTION INVOLVES THE WITHDRAWAL OF THE TRANSFEROR FROM THE PARTNER- SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY, NO SUCH TRANS- ACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND FILES WITH THE DEPART- MENT NOTICE OF SUCH TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE, THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION UNDER THIS PARAGRAPH IF THE EQUITY POSITION OF THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY, DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, WOULD BE REDUCED AS A RESULT OF THE TRANSFER, ASSIGNMENT OR DISPOSITION. THE DEPARTMENT SHALL STATE THE SPECIFIC REASON FOR PROHIBITING ANY TRANSACTION UNDER THIS PARAGRAPH AND SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANSACTION. 10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART- MENT IS AUTHORIZED TO APPROVE A CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION FOR ESTABLISHMENT OF AN ADULT CARE FACILITY ON AN EXPE- DITED BASIS WHERE: (A) THE CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION REFLECTS SOLELY A CHANGE IN THE FORM OF THE BUSINESS ORGAN- IZATION OF AN EXISTING ENTITY WHICH HAD BEEN APPROVED BY THE DEPARTMENT TO OPERATE AN ADULT CARE FACILITY; (B) EVERY INCORPORATOR, STOCKHOLDER, MEMBER AND DIRECTOR OF THE NEW ENTITY SHALL HAVE BEEN AN OWNER, PARTNER, INCORPORATOR, STOCKHOLDER, MEMBER OR DIRECTOR OF THE EXISTING ENTITY; (C) THE DISTRIBUTION OF OWNERSHIP INTERESTS AND VOTING RIGHTS IN THE NEW ENTITY SHALL BE THE SAME AS IN THE EXISTING ENTITY; AND (D) THERE SHALL BE NO CHANGE IN THE OPERATOR OF THE ADULT CARE FACILITY OTHER THAN THE FORM OF ITS BUSINESS ORGANIZATION, AS A RESULT OF THE APPROVAL OF SUCH CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION. UPON SUBMISSION, IF THE DEPARTMENT DOES NOT OBJECT TO THE PROPOSAL WITHIN NINETY DAYS OF THE RECEIPT OF A COMPLETE APPLICATION, THE PROPOSAL WILL BE DEEMED ACCEPTABLE TO THE DEPARTMENT AND AN AMENDED OPERATING CERTIF- ICATE SHALL BE ISSUED. S 31. Subdivisions 1 and 2 of section 461-k of the social services law, as added by chapter 779 of the laws of 1986, are amended to read as follows: 1. (a) "Services for non-residents in adult homes, residences for adults and enriched housing programs" shall mean an organized program of services which the facility is authorized to provide to residents of such facility but which are provided to non-residents for the purpose of restoring, maintaining or developing the capacity of aged or disabled persons to remain in or return to the community. Such services may include but shall not be limited to day programs and temporary residen- tial care as defined herein. A person participating in a program of services for non-residents in an adult care facility shall be considered a resident of the facility and shall be afforded all the rights and protections afforded residents of the facility under this chapter except that the provisions of sections four hundred sixty-one-g and four hundred sixty-one-h of this title relating to termination of admission agreements shall not apply and that persons receiving services pursuant to this section shall not be considered to be receiving residential care S. 6358 31 A. 8558 as defined in section two hundred nine of this chapter for purposes of determining eligibility for and the amount of supplemental security income benefits and additional state payments. (b) "Day programs" shall mean an organized program for non-residents which shall include personal care, supervision and other adult services which the facility is authorized to provide to residents of such facili- ty which may include but are not limited to, activities, meals, informa- tion and referral, and transportation services, provided in an adult home, residence for adults or enriched housing program. (c) "Temporary residential care" shall mean the provision of temporary residential care of frail or disabled adults on behalf of or in the absence of the caregiver for up to [six weeks] ONE HUNDRED TWENTY DAYS in any twelve month period, provided in an adult home, residence for adults or enriched housing program. 2. A program to provide services for non-residents in an adult care facility may be established and operated in an adult home, residence for adults or enriched housing program provided that such facility has a current operating certificate issued in accordance with section four hundred sixty-one-b of this title. No operator may establish and operate a DAY program to provide services for non-residents, AS DEFINED IN SUBPARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, unless the operator has received the prior written approval of the department. The depart- ment shall grant such approval TO OPERATE A DAY PROGRAM only to those operators that are operating in compliance with applicable law and regu- lations. NO OPERATOR MAY PROVIDE TEMPORARY RESIDENTIAL CARE AS DEFINED IN SUBPARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, UNLESS THE OPER- ATOR HAS NOTIFIED THE DEPARTMENT OF ITS INTENT TO DO SO. S 32. Paragraph (a) of subdivision 3 of section 461-b of the social services law, as amended by chapter 591 of the laws of 1999, is amended to read as follows: (a) The department shall not approve an application for establishment of an adult care facility unless it is satisfied insofar as applicable, as to (i) the character, competence and standing in the community, of the applicant; provided, however, with respect to any such applicant who is already or within the past [ten] SEVEN years has been an incorpora- tor, director, sponsor, stockholder, operator, administrator, member or owner of any adult care facility which has been issued an operating certificate by the board or the department, or of a halfway house, hostel or other residential facility or of a program or facility licensed or operated by a health, mental hygiene, social services or education agency or department of this or any state, or a program serv- ing persons with mental disabilities, or other persons with disabilities as defined in subdivision twenty-one of section two hundred ninety-two of the executive law, the aged, children or other persons receiving health, mental hygiene, residential, social or educational services, no approval of such application shall be granted unless the department shall affirmatively find by substantial evidence as to each such appli- cant that a substantially consistent high level of care is being or was being rendered in each such facility or institution with which such person is or was affiliated; for the purposes of this paragraph, there may be a finding that a substantially consistent high level of care has been rendered where there have been violations of applicable rules and regulations, that (1) did not threaten to directly affect the health, safety or welfare of any patient or resident, and (2) were promptly corrected and not recurrent; (ii) the financial resources of the S. 6358 32 A. 8558 proposed facility and its sources of future revenue; and (iii) such other matters as it shall deem pertinent. S 33. Subdivision 4 of section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows: 4. The department shall develop an expedited review and approval proc- ess FOR APPLICATIONS FOR UP TO NINE ADDITIONAL BEDS TO AN EXISTING ENHANCED OR SPECIAL NEEDS ASSISTED LIVING CERTIFICATE. S 34. Paragraph (b) of subdivision 5 of section 3610 of the public health law is REPEALED. S 35. Subdivision 2 of section 3610 of the public health law, as amended by section 65 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 2. A hospital, residential health care facility, or certified home health agency seeking authorization to provide a long term home health care program shall transmit to the commissioner an application setting forth the scope of the proposed program. Such application shall be in a format and shall be submitted in a quantity determined by the commis- sioner. The commissioner shall transmit the application to the public health and health planning council and to the health systems agency, if any, having geographic jurisdiction of the area where the proposed program is to be located. The application shall include a detailed description of the proposed program including, but not limited to, the following: (a) an outline of the institution's or agency's plans for the program; (b) the need for the proposed program; (c) the number and types of personnel to be employed; (d) the ability of the agency, hospital, or facility to provide the program; (e) the estimated number of visits to be provided; (f) the geographic area in which the proposed programs will be provided; (g) any special or unusual services, programs, or equipment to be provided; (h) a demonstration that the proposed program is feasible and adequate in terms of both short range and long range goals; (i) such other information as the commissioner may require. The health systems agency and the public health and health planning council shall review the application and submit their recommendations to the commissioner. At the time members of the public health and health planning council are notified that an application is scheduled for consideration, the applicant and the health systems agency shall be so notified in writing. The health systems agency or the public health and health planning council shall not recommend approval of the application unless it is satisfied as to: (a) the public need for the program at the time and place and under the circumstances proposed; (b) the financial resources of the provider of the proposed program and its sources of future revenues; (c) the ability of the proposed program to meet those standards estab- lished for participation as a home health agency under title XVIII of the federal Social Security Act; and (d) such other matters as it shall deem pertinent. After receiving and considering the recommendations of the public health and health planning council and the health systems agency, the commissioner shall make his or her determination. The commissioner shall act upon an application after the public health and health planning S. 6358 33 A. 8558 council and the health systems agency have had a reasonable time to submit their recommendations. The commissioner shall not take any action contrary to the advice of either until he or she affords to either an opportunity to request a public hearing and, if so requested, a public hearing shall be held. The commissioner shall not approve the applica- tion unless he or she is satisfied as to the detailed description of the proposed program and (a) the public need for the existence of the program at the time and place and under the circumstances proposed; (b) the financial resources of the provider of the proposed program and its sources of future revenues; (c) the ability of the proposed program to meet those standards estab- lished for participation as a home health agency under title XVIII of the federal Social Security Act; and (d) such other matters as he or she shall deem pertinent. If the application is approved, the applicant shall be so notified in writing. The commissioner's written approval of the application shall constitute authorization to provide a long term home health care program. [In making his or her authorization, the commissioner shall stipulate the maximum number of persons which a provider of a long term home health care program may serve.] If the commissioner proposes to disapprove the application, he or she shall notify the applicant in writing, stating his or her reasons for disapproval, and afford the applicant an opportunity for a public hearing. S 36. Subdivision 9 of section 2803 of the public health law is REPEALED. S 37. Section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, as amended by section 26 of part A of chapter 59 of the laws of 2011, is amended to read as follows: S 32. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided however, that sections one, six-a, nineteen, twenty, twenty-four, and twenty-five of this act shall take effect July 1, 2008; provided however that sections sixteen, seventeen and eighteen of this act shall expire April 1, [2014] 2017; provided, however, that the amendments made by section twenty-eight of this act shall take effect on the same date as section 1 of chapter 281 of the laws of 2007 takes effect; provided further, that sections twenty-nine, thirty, and thirty-one of this act shall take effect October 1, 2008; provided further, that section twen- ty-seven of this act shall take effect January 1, 2009; and provided further, that section twenty-seven of this act shall expire and be deemed repealed March 31, 2014; and provided, further, however, that the amendments to subdivision 1 of section 241 of the education law made by section twenty-nine of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith and provided that the amendments to section 272 of the public health law made by section thirty of this act shall not affect the repeal of such section and shall be deemed repealed therewith. S 38. This act shall take effect immediately; provided, however, that: (a) section one of this act shall take effect July 1, 2014; (b) section twenty-two of this act shall take effect July 1, 2014; provided, however, that subdivisions 2 and 3 of section 230-e of the public health law, as added by section twenty-two of this act, shall take effect January 1, 2016; S. 6358 34 A. 8558 (c) sections twenty-three and twenty-four of this act shall take effect one year after it shall have become a law; provided, however, that if chapter 438 of the laws of 2012 shall not have taken effect on or before such date then the amendments to paragraph (i) of subdivision 1 of section 230-d of the public health law made by section twenty-three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2012 takes effect; and (d) the amendments to subdivisions 1 and 2 of section 461-k of the social services law made by section thirty-one of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART B Section 1. Subdivision 5 of section 168 of chapter 639 of the laws of 1996, constituting the New York Health Care Reform Act of 1996, as amended by section 1 of part C of chapter 59 of the laws of 2011, is amended to read as follows: 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, as amended or as added by this act, shall expire on December 31, [2014] 2017, and shall be thereafter effective only in respect to any act done on or before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public health law related to patient services provided before December 31, [2014] 2017, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S 2. Subdivision 1 of section 138 of chapter 1 of the laws of 1999, constituting the New York Health Care Reform Act of 2000, as amended by section 2 of part C of chapter 59 of the laws of 2011, is amended to read as follows: 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health law, as amended by this act, shall expire on December 31, [2014] 2017, and shall be thereafter effective only in respect to any act done before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public health law, as amended or added by this act, related to patient services provided before December 31, [2014] 2017, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S 3. The opening paragraph, subparagraph (xiv) and (xv) of paragraph (a), subparagraph (v) of paragraph (c) and paragraph (e) of subdivision 6 of section 2807-s of the public health law, the opening paragraph as amended by section 4 of part A3 of chapter 62 of the laws of 2003, subparagraphs (xiv) and (xv) of paragraph (a) as amended by section 5 of part C of chapter 59 of the laws of 2011, subparagraph (v) of paragraph (c) as amended by section 5-a of part C of chapter 59 of the laws of 2011 and paragraph (e) as amended by section 6 of part A3 of chapter 62 of the laws of 2003, subparagraphs (i) and (ii) of paragraph (e) as S. 6358 35 A. 8558 amended by section 5-b of part C of chapter 59 of the laws of 2011, are amended to read as follows: The amount allocated to each region for purposes of calculating the regional allowance percentage pursuant to this section for each year during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and the regional assessments pursuant to section twenty-eight hundred seven-t of this article for each year during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and for each year on and after January first, two thousand, shall be the sum of the factors computed in paragraphs (b), (d) and (f) of this subdivision, IF SUCH FACTORS ARE APPLICABLE TO A GIVEN YEAR, as follows: (xiv) A gross annual statewide amount for the period January first, two thousand nine through December thirty-first, two thousand [thirteen] FOURTEEN, shall be nine hundred forty-four million dollars. (xv) A gross ANNUAL statewide amount for the period January first, two thousand [fourteen] FIFTEEN through [March] DECEMBER thirty-first, two thousand [fourteen] SEVENTEEN, shall be [two hundred thirty-six] ONE BILLION FORTY-FIVE million dollars. (v) A further gross ANNUAL statewide amount for the period January first, two thousand fourteen through [March] DECEMBER thirty-first, two thousand fourteen, shall be [twenty-two] EIGHTY-NINE million [two hundred fifty thousand] dollars. (e) [(i)] A further gross annual statewide amount shall be twelve million dollars for each period prior to January first, two thousand [fourteen] FIFTEEN. [(ii) A further gross statewide amount for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen shall be three million dollars.] S 4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section 2807-s of the public health law, as added by section 30 of part H of chapter 59 of the laws of 2011, is amended to read as follows: (xiii) twenty-three million eight hundred thirty-six thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand [fourteen] SEVENTEEN; S 5. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of section 2807-j of the public health law, as amended by section 3 of part C of chapter 59 of the laws of 2011, are amended to read as follows: (iv) seven hundred sixty-five million dollars annually of the funds accumulated for the periods January first, two thousand through December thirty-first, two thousand [thirteen] SIXTEEN, and (v) one hundred ninety-one million two hundred fifty thousand dollars of the funds accumulated for the period January first, two thousand [fourteen] SEVENTEEN through March thirty-first, two thousand [fourteen] SEVENTEEN. S 6. Section 34 of part A3 of chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, as amended by section 4 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 34. (1) Notwithstanding any inconsistent provision of law, rule or regulation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring S. 6358 36 A. 8558 account, within amounts appropriated each year, those funds collected and accumulated pursuant to section 2807-v of the public health law, including income from invested funds, for the purpose of payment for administrative costs of the department of health related to adminis- tration of statutory duties for the collections and distributions authorized by section 2807-v of the public health law. (2) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated and interest earned through surcharges on payments for health care services pursuant to section 2807-s of the public health law and from assessments pursuant to section 2807-t of the public health law for the purpose of payment for administrative costs of the department of health related to administration of statutory duties for the collections and distributions authorized by sections 2807-s, 2807-t, and 2807-m of the public health law. (3) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (a) of subdivision 1 of section 2807-l of the public health law for the purposes of payment for administrative costs of the depart- ment of health related to the child health insurance plan program authorized pursuant to title 1-A of article 25 of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, child health insurance account, established within the department of health. (4) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (e) of subdivision 1 of section 2807-l of the public health law for the purpose of payment for administrative costs of the depart- ment of health related to the health occupation development and work- place demonstration program established pursuant to section 2807-h and the health workforce retraining program established pursuant to section 2807-g of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health occupation development and workplace demonstration program account, established within the department of health. (5) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds allocated pursuant to paragraph (j) of subdivision 1 of section 2807-v of the public health law for the purpose of payment for adminis- trative costs of the department of health related to administration of the state's tobacco control programs and cancer services provided pursu- ant to sections 2807-r and 1399-ii of the public health law into such accounts established within the department of health for such purposes. S. 6358 37 A. 8558 (6) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, the funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for adminis- trative costs of the department of health related to the programs funded pursuant to section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, pilot health insurance account, established within the department of health. (7) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c of the public health law from monies accumulated and interest earned in the bad debt and charity care and capital statewide pools through an assessment charged to general hospitals pursuant to the provisions of subdivision 18 of section 2807-c of the public health law and those funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, primary care initiatives account, established within the department of health. (8) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health care delivery administration account, established within the department of health. (9) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the public health law and section 367-i of the social services law and for distribution in accordance with the provisions of subdivision 9 of section 2807-j of the public health law for the purpose of payment for administration of statutory duties for the collections and distributions authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a and 3614-b of the public health law and section 367-i of the social services law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, established within the department of health. S 7. Section 2807-l of the public health law, as amended by section 7 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S. 6358 38 A. 8558 S 2807-l. Health care initiatives pool distributions. 1. Funds accumu- lated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this arti- cle, or the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applica- ble, in accordance with the following. (a) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to programs to provide health care coverage for unin- sured or underinsured children pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter from the respective health care initiatives pools established for the following periods in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, up to one hundred twenty million six hundred thousand dollars; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, up to one hundred sixty-four million five hundred thousand dollars; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to one hundred eighty-one million dollars; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand, two hundred seven million dollars; (v) from the pool for the period January first, two thousand one through December thirty-first, two thousand one, two hundred thirty-five million dollars; (vi) from the pool for the period January first, two thousand two through December thirty-first, two thousand two, three hundred twenty- four million dollars; (vii) from the pool for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred fifty million three hundred thousand dollars; (viii) from the pool for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred sixty million nine hundred thousand dollars; (ix) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand five, up to one hundred fifty-three million eight hundred thousand dollars; (x) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to three hundred twenty-five million four hundred thousand dollars; (xi) from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred twenty-eight million fifty-nine thousand dollars; (xii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thirty-first, two thousand ten, up to four hundred fifty-three million six hundred seventy-four thousand dollars annually; S. 6358 39 A. 8558 (xiii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven, through March thirty-first, two thousand eleven, up to one hundred thirteen million four hundred eighteen thousand dollars; (xiv) from the health care reform act (HCRA) resources fund for the period April first, two thousand eleven, through March thirty-first, two thousand twelve, up to three hundred twenty-four million seven hundred forty-four thousand dollars; (xv) from the health care reform act (HCRA) resources fund for the period April first, two thousand twelve, through March thirty-first, two thousand thirteen, up to three hundred forty-six million four hundred forty-four thousand dollars; [and] (xvi) from the health care reform act (HCRA) resources fund for the period April first, two thousand thirteen, through March thirty-first, two thousand fourteen, up to three hundred seventy million six hundred ninety-five thousand dollars[.]; AND (XVII) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions for health insurance programs under the individual subsidy programs established pursuant to the expanded health care cover- age act of nineteen hundred eighty-eight as amended, and for evaluation of such programs from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, established for the following periods in the following amounts: (i) (A) an amount not to exceed six million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine; up to six million dollars for the period January first, two thousand through December thirty-first, two thousand; up to five million dollars for the period January first, two thousand one through December thirty-first, two thousand one; up to four million dollars for the period January first, two thousand two through December thirty-first, two thousand two; up to two million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; up to one million three hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; up to six hundred seventy thousand dollars for the period January first, two thousand five through June thirtieth, two thousand five; up to one million three hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven; and up to one million three hundred thousand dollars annually for the period April first, two thousand seven through March thirty-first, two thousand nine, shall be allocated to individual subsidy programs; and (B) an amount not to exceed seven million dollars on an annualized basis for the periods during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and four million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, and three million dollars for the period January first, two thousand three through December thirty-first, two thousand three, and two million dollars for the period January first, two thousand four through December thirty- first, two thousand four, and two million dollars for the period January S. 6358 40 A. 8558 first, two thousand five through June thirtieth, two thousand five shall be allocated to the catastrophic health care expense program. (ii) Notwithstanding any law to the contrary, the characterizations of the New York state small business health insurance partnership program as in effect prior to June thirtieth, two thousand three, voucher program as in effect prior to December thirty-first, two thousand one, individual subsidy program as in effect prior to June thirtieth, two thousand five, and catastrophic health care expense program, as in effect prior to June thirtieth, two thousand five, may, for the purposes of identifying matching funds for the community health care conversion demonstration project described in a waiver of the provisions of title XIX of the federal social security act granted to the state of New York and dated July fifteenth, nineteen hundred ninety-seven, may continue to be used to characterize the insurance programs in sections four thousand three hundred twenty-one-a, four thousand three hundred twenty-two-a, four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law, which are successor programs to these programs. (c) Up to seventy-eight million dollars shall be reserved and accumu- lated from year to year from the pool for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, for purposes of public health programs, up to seventy-six million dollars shall be reserved and accumulated from year to year from the pools for the periods January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight and January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to eighty-four million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand through December thir- ty-first, two thousand, up to eighty-five million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand one through December thirty-first, two thou- sand one, up to eighty-six million dollars shall be reserved and accumu- lated from year to year from the pools for the period January first, two thousand two through December thirty-first, two thousand two, up to eighty-six million one hundred fifty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand three through December thirty-first, two thousand three, up to fifty-eight million seven hundred eighty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand four through December thirty- first, two thousand four, up to sixty-eight million seven hundred thirty thousand dollars shall be reserved and accumulated from year to year from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand five through December thirty-first, two thousand five, up to ninety-four million three hundred fifty thousand dollars shall be reserved and accu- mulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to seventy million nine hundred thirty-nine thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thir- ty-first, two thousand seven, up to fifty-five million six hundred eighty-nine thousand dollars annually shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund S. 6358 41 A. 8558 for the period January first, two thousand eight through December thir- ty-first, two thousand ten, up to thirteen million nine hundred twenty- two thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, and for periods on and after April first, two thousand eleven [through March thirty-first, two thousand fourteen], up to fund- ing amounts specified below and shall be available, including income from invested funds, for: (i) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, hospital based grants program account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of services and expenses related to general hospital based grant programs, up to twenty-two million dollars annually from the nineteen hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen hundred ninety-nine pool, two thousand pool, two thousand one pool and two thousand two pool, respectively, up to twenty-two million dollars from the two thousand three pool, up to ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to eleven million dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to twenty-two million ninety-seven thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million five hundred twenty-four thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to thirteen million four hundred forty-five thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, and up to thir- teen million three hundred seventy-five thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen; (ii) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the emergency medical services training account established in section ninety-seven-q of the state finance law or the health care reform act (HCRA) resources fund, whichever is appli- cable, up to sixteen million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to twenty million dollars for the period January first, two thousand through December thirty- first, two thousand, up to twenty-one million dollars for the period January first, two thousand one through December thirty-first, two thou- sand one, up to twenty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two, up to twenty-two million five hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to nine million six hundred eighty thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four, up to twelve million one hundred thirty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-four million two hundred fifty thousand dollars for the period January first, two thou- S. 6358 42 A. 8558 sand six through December thirty-first, two thousand six, up to twenty million four hundred ninety-two thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million one hundred twenty-three thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to eighteen million three hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to eighteen million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen, [and] up to nineteen million four hundred nineteen thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN; (iii) priority distributions by the commissioner up to thirty-two million dollars on an annualized basis for the period January first, two thousand through December thirty-first, two thousand four, up to thir- ty-eight million dollars on an annualized basis for the period January first, two thousand five through December thirty-first, two thousand six, up to eighteen million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to three million dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, up to seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, [and] up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN to be allocated (A) for the purposes estab- lished pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen of section twenty-eight hundred seven-c of this article as in effect on December thirty-first, nineteen hundred ninety-six and as may thereafter be amended, up to fifteen million dollars annually for the periods January first, two thousand through December thirty-first, two thousand four, up to twenty-one million dollars annually for the period January first, two thousand five through December thirty-first, two thousand six, and up to seven million five hundred thousand dollars for the period January first, two thousand seven through March thirty-first, two thousand seven; (B) pursuant to a memorandum of understanding entered into by the commissioner, the majority leader of the senate and the speaker of the assembly, for the purposes outlined in such memorandum upon the recom- mendation of the majority leader of the senate, up to eight million five hundred thousand dollars annually for the period January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, and for the purposes outlined in such memorandum upon the recommendation of the speaker of the assembly, up to eight million five hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thou- sand seven through June thirtieth, two thousand seven; and (C) for services and expenses, including grants, related to emergency assistance distributions as designated by the commissioner. Notwith- S. 6358 43 A. 8558 standing section one hundred twelve or one hundred sixty-three of the state finance law or any other contrary provision of law, such distrib- utions shall be limited to providers or programs where, as determined by the commissioner, emergency assistance is vital to protect the life or safety of patients, to ensure the retention of facility caregivers or other staff, or in instances where health facility operations are jeop- ardized, or where the public health is jeopardized or other emergency situations exist, up to three million dollars annually for the period April first, two thousand seven through March thirty-first, two thousand eleven, [and] up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRI- ATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. Upon any distribution of such funds, the commission- er shall immediately notify the chair and ranking minority member of the senate finance committee, the assembly ways and means committee, the senate committee on health, and the assembly committee on health; (iv) distributions by the commissioner related to poison control centers pursuant to subdivision seven of section twenty-five hundred-d of this chapter, up to five million dollars for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, up to three million dollars on an annual- ized basis for the periods during the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety-nine, up to five million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to four million six hundred thousand dollars annually for the periods January first, two thousand three through December thirty-first, two thousand four, up to five million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand six annually, up to five million one hundred thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand nine, up to three million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to seven hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to two million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN; and (v) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, miscellaneous special revenue fund - 339 maternal and child HIV services account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of a special program for HIV services for women and children, including adolescents pursuant to section twenty-five hundred-f-one of [the public health law] THIS CHAPTER, up to five million dollars annually for the periods Janu- ary first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to two million five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to two million five hundred thousand dollars for the period January first, S. 6358 44 A. 8558 two thousand five through December thirty-first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to five million dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to one million two hundred fifty thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, and up to five million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (d) (i) An amount of up to twenty million dollars annually for the period January first, two thousand through December thirty-first, two thousand six, up to ten million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, up to twenty million dollars annually for the period January first, two thou- sand eight through December thirty-first, two thousand ten, up to five million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to nineteen million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, shall be transferred to the health facility restructuring pool established pursuant to section twenty-eight hundred fifteen of this article; (ii) provided, however, amounts transferred pursuant to subparagraph (i) of this paragraph may be reduced in an amount to be approved by the director of the budget to reflect the amount received from the federal government under the state's 1115 waiver which is directed under its terms and conditions to the health facility restructuring program. (e) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to organizations to support the health workforce retraining program established pursuant to section twenty-eight hundred seven-g of this article from the respective health care initiatives pools established for the following periods in the following amounts from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to fifty million dollars on an annualized basis, up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand, up to forty million dollars for the period January first, two thousand one through December thirty- first, two thousand one, up to fifty million dollars for the period January first, two thousand two through December thirty-first, two thou- sand two, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to fifty-eight million three hundred sixty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to fifty-two million three hundred sixty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six, up to thirty-five million four hundred thousand dollars annu- ally for the period January first, two thousand seven through December thirty-first, two thousand ten, up to eight million eight hundred fifty thousand dollars for the period January first, two thousand eleven S. 6358 45 A. 8558 through March thirty-first, two thousand eleven, [and] up to twenty- eight million four hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND UP TO TWENTY-SIX MILLION EIGHT HUNDRED SEVEN- TEEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVEN- TEEN, less the amount of funds available for allocations for rate adjustments for workforce training programs for payments by state governmental agencies for inpatient hospital services. (f) Funds shall be accumulated and transferred from as follows: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, (A) thirty-four million six hundred thousand dollars shall be trans- ferred to funds reserved and accumulated pursuant to paragraph (b) of subdivision nineteen of section twenty-eight hundred seven-c of this article, and (B) eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, eighty-two million dollars shall be transferred and deposited and cred- ited to the credit of the state general fund medical assistance local assistance account; (iv) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand through December thirty-first, two thousand four, eighty-two million dollars annually, and for the period January first, two thousand five through December thirty-first, two thousand five, eighty-two million dollars, and for the period January first, two thousand six through December thirty-first, two thousand six, eighty-two million dollars, and for the period January first, two thousand seven through December thirty-first, two thousand seven, eighty-two million dollars, and for the period January first, two thousand eight through December thirty-first, two thousand eight, ninety million seven hundred thousand dollars shall be deposited by the commissioner, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account; (v) from the health care reform act (HCRA) resources fund for the period January first, two thousand nine through December thirty-first, two thousand nine, one hundred eight million nine hundred seventy-five thousand dollars, and for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-six million one hundred thousand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, twenty million five hundred thousand dollars, and for each state fiscal year for the period April first, two thousand eleven through March thirty- first, two thousand fourteen, one hundred forty-six million four hundred thousand dollars, shall be deposited by the commissioner, and the state comptroller is hereby authorized and directed to receive for deposit, to S. 6358 46 A. 8558 the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account. (g) Funds shall be transferred to primary health care services pools created by the commissioner, and shall be available, including income from invested funds, for distributions in accordance with former section twenty-eight hundred seven-bb of this article from the respective health care initiatives pools for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, fifteen and eighty-seven-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, fifteen and eighty-seven-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, sixteen and thirteen-hundredths percent. (h) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for purposes of primary care education and training pursuant to article nine of this chapter from the respective health care initiatives pools established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with para- graphs (a) through (f) of this subdivision and shall be available for distributions as follows: (i) funds shall be reserved and accumulated: (A) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (B) from the pool for the period January first, nineteen hundred nine- ty-eight through December thirty-first, nineteen hundred ninety-eight, six and thirty-five-hundredths percent; and (C) from the pool for the period January first, nineteen hundred nine- ty-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (ii) funds shall be available for distributions including income from invested funds as follows: (A) for purposes of the primary care physician loan repayment program in accordance with section nine hundred three of this chapter, up to five million dollars on an annualized basis; (B) for purposes of the primary care practitioner scholarship program in accordance with section nine hundred four of this chapter, up to two million dollars on an annualized basis; (C) for purposes of minority participation in medical education grants in accordance with section nine hundred six of this chapter, up to one million dollars on an annualized basis; and (D) provided, however, that the commissioner may reallocate any funds remaining or unallocated for distributions for the primary care practi- tioner scholarship program in accordance with section nine hundred four of this chapter. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for distrib- utions in accordance with section twenty-nine hundred fifty-two and section twenty-nine hundred fifty-eight of this chapter for rural health care delivery development and rural health care access development, S. 6358 47 A. 8558 respectively, from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirteen and forty-nine-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirteen and forty-nine-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirteen and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, seventeen million dollars annu- ally, and for the period January first, two thousand three through December thirty-first, two thousand three, up to fifteen million eight hundred fifty thousand dollars; (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand four through December thirty-first, two thousand four, up to fifteen million eight hundred fifty thousand dollars, [and] for the period January first, two thousand five through December thirty-first, two thousand five, up to nineteen million two hundred thousand dollars, [and] for the period January first, two thousand six through December thirty-first, two thousand six, up to nineteen million two hundred thousand dollars, for the period January first, two thousand seven through December thir- ty-first, two thousand ten, up to eighteen million one hundred fifty thousand dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to four million five hundred thirty-eight thousand dollars, [and] for each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to sixteen million two hundred thousand dollars, AND EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions related to health information and health care quality improvement pursuant to former section twenty-eight hundred seven-n of this article from the respective health care initiatives pools estab- lished for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, six and thirty-five-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent. (k) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for allo- S. 6358 48 A. 8558 cations and distributions in accordance with section twenty-eight hundred seven-p of this article for diagnostic and treatment center uncompensated care from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirty-eight and one-tenth percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirty-eight and one-tenth percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirty-eight and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, forty-eight million dollars annually, and for the period January first, two thousand three through June thirtieth, two thousand three, twenty-four million dollars; (v) (A) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period July first, two thousand three through December thirty-first, two thousand three, up to six million dollars, for the period January first, two thousand four through December thirty-first, two thousand six, up to twelve million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand thirteen, up to forty-eight million dollars annually, [and] for the period January first, two thousand four- teen through March thirty-first, two thousand fourteen, up to twelve million dollars AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, UP TO FORTY-EIGHT MILLION DOLLARS ANNUALLY; (B) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, an additional seven million five hundred thousand dollars, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand thirteen, an additional seven million five hundred thousand dollars annually, [and] for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen, an additional one million eight hundred seventy-five thousand dollars, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, AN ADDITIONAL SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non-profit diagnos- tic and treatment center uncompensated care in accordance with subdivi- sion four-c of section twenty-eight hundred seven-p of this article; and (vi) funds reserved and accumulated pursuant to this paragraph for periods on and after July first, two thousand three, shall be deposited by the commissioner, within amounts appropriated, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made pursuant to section twenty-eight hundred seven-p of this article, provided, however, that in the event federal financial participation is not available for rate adjustments made pursuant to paragraph (b) of subdivision one of section twenty-eight hundred seven-p S. 6358 49 A. 8558 of this article, funds shall be distributed pursuant to paragraph (a) of subdivision one of section twenty-eight hundred seven-p of this article from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable. (l) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for transfer to and allocation for services and expenses for the payment of benefits to recipients of drugs under the AIDS drug assist- ance program (ADAP) - HIV uninsured care program as administered by Health Research Incorporated from the respective health care initi- atives pools or the health care reform act (HCRA) resources fund, which- ever is applicable, established for the following periods in the follow- ing percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, nine and fifty-two-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, nine and fifty-two-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, nine and sixty-eight-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, up to twelve million dollars annually, and for the period January first, two thousand three through December thirty-first, two thousand three, up to forty million dollars; and (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the periods January first, two thousand four through December thirty-first, two thousand four, up to fifty-six million dollars, for the period January first, two thousand five through December thirty-first, two thousand six, up to sixty million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to sixty million dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to fifteen million dollars, [and] each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to forty- two million three hundred thousand dollars AND EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (m) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions pursuant to section twenty-eight hundred seven-r of this article for cancer related services from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: S. 6358 50 A. 8558 (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, seven and ninety-four-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, seven and ninety-four-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand two, up to ten million dollars on an annual basis; (v) from the pool for the period January first, two thousand three through December thirty-first, two thousand four, up to eight million nine hundred fifty thousand dollars on an annual basis; (vi) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand six, up to ten million fifty thousand dollars on an annual basis, for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand ten, up to nineteen million dollars annually, and for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, up to four million seven hundred fifty thousand dollars. (n) Funds shall be accumulated and transferred from the health care reform act (HCRA) resources fund as follows: for the period April first, two thousand seven through March thirty-first, two thousand eight, and on an annual basis for the periods April first, two thousand eight through November thirtieth, two thousand nine, funds within amounts appropriated shall be transferred and deposited and credited to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made to public and voluntary hospitals in accordance with paragraphs (i) and (j) of subdivision one of section twenty-eight hundred seven-c of this article. 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, any funds accumulated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this article, as a result of surcharges, assessments or other obligations during the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety- nine, which are unused or uncommitted for distributions pursuant to this section shall be reserved and accumulated from year to year by the commissioner and, within amounts appropriated, transferred and deposited into the special revenue funds - other, miscellaneous special revenue fund - 339, child health insurance account or any successor fund or account, for purposes of distributions to implement the child health insurance program established pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter for periods on and after January first, two thousand one; provided, however, funds reserved and accumulated for priority distributions pursuant to subparagraph (iii) of paragraph (c) of subdivision one of this section shall not be transferred and deposited into such account pursuant to this subdivi- sion; and provided further, however, that any unused or uncommitted pool funds accumulated and allocated pursuant to paragraph (j) of subdivision one of this section shall be distributed for purposes of the health information and quality improvement act of 2000. S. 6358 51 A. 8558 3. Revenue from distributions pursuant to this section shall not be included in gross revenue received for purposes of the assessments pursuant to subdivision eighteen of section twenty-eight hundred seven-c of this article, subject to the provisions of paragraph (e) of subdivi- sion eighteen of section twenty-eight hundred seven-c of this article, and shall not be included in gross revenue received for purposes of the assessments pursuant to section twenty-eight hundred seven-d of this article, subject to the provisions of subdivision twelve of section twenty-eight hundred seven-d of this article. S 8. Section 2807-v of the public health law, as amended by section 5 of part B of chapter 58 of the laws of 2008, subdivision 1 as amended by section 8 of part C of chapter 59 of the laws of 2011, clause (K) of subparagraph (i) of paragraph (bb) of subdivision 1 as amended by section 35-a, subparagraph (xi) of paragraph (cc) of subdivision 1 as amended by section 35-b and subparagraph (vii) of paragraph (ccc) of subdivision 1 as amended by section 35-c of part D of chapter 56 of the laws of 2012, paragraph (fff) of subdivision 1 as separately amended by section 16 of part A of chapter 59 of the laws of 2011, and paragraph (iii) of subdivision 1 as added by section 52-b of part H of chapter 59 of the laws of 2011, is amended to read as follows: S 2807-v. Tobacco control and insurance initiatives pool distrib- utions. 1. Funds accumulated in the tobacco control and insurance initiatives pool or in the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applicable, in accordance with the following: (a) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of services and expenses related to the toll-free medicaid fraud hotline established pursuant to section one hundred eight of chap- ter one of the laws of nineteen hundred ninety-nine from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: four hundred thousand dollars annually for the periods January first, two thousand through December thirty- first, two thousand two, up to four hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five, up to four hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to four hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to four hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one hundred thousand dollars for the period January first, two thousand eleven through March S. 6358 52 A. 8558 thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand eleven. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of payment of audits or audit contracts necessary to determine payor and provider compliance with requirements set forth in sections twenty-eight hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t of this article from the tobacco control and insurance initi- atives pool established for the following periods in the following amounts: five million six hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to five million dollars for the period January first, two thousand five through December thirty first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to seven million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and up to eight million three hundred twen- ty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to eight million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to fourteen million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (c) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, enhanced community services account, or any successor fund or account, for mental health services programs for case management services for adults and children; supported housing; home and community based waiver services; family based treat- ment; family support services; mobile mental health teams; transitional housing; and community oversight, established pursuant to articles seven and forty-one of the mental hygiene law and subdivision nine of section three hundred sixty-six of the social services law; and for comprehen- sive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the enhanced community services account, or any successor fund or account, and depos- ited into the fund established by section ninety-five-e of the state finance law; from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand, for the S. 6358 53 A. 8558 period January first, two thousand through December thirty-first, two thousand; (ii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand one, for the period January first, two thousand one through December thirty- first, two thousand one; (iii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand two, for the period January first, two thousand two through December thirty- first, two thousand two; (iv) eighty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand three, for the period January first, two thousand three through December thirty-first, two thousand three; (v) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand four, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (vi) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand five, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (vii) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand six, and pursuant to FORMER section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) eighty-six million four hundred thousand dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distrib- ution pursuant to a chapter of the laws of two thousand seven and pursu- ant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand seven; and (ix) twenty-two million nine hundred thirteen thousand dollars, plus one hundred twenty-five thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand eight and pursuant to the former section twenty-seven hundred ninety- nine-l of this chapter, for the period January first, two thousand eight through March thirty-first, two thousand eight. (d) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two, for administration and marketing costs associated with such program established pursuant to clause (A) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social S. 6358 54 A. 8558 services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-seven million dollars for the period January first, two thousand one through December thirty-first, two thousand one; and (iii) fifty-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (e) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two for administration and marketing costs associated with such program established pursuant to clause (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) thirty million five hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; and (iii) sixty-six million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (f) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of payment of administrative expenses of the department related to the family health plus program established pursuant to section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: five hundred thousand dollars on an annual basis for the periods January first, two thousand through Decem- ber thirty-first, two thousand six, five hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand elev- en. (g) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the health maintenance organization direct pay market program established pursuant to sections forty-three hundred twenty-one-a and forty-three hundred twenty-two-a of the insur- S. 6358 55 A. 8558 ance law from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to thirty-five million dollars for the period January first, two thousand through December thirty-first, two thousand of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (ii) up to thirty-six million dollars for the period January first, two thousand one through December thirty-first, two thousand one of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iii) up to thirty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iv) up to forty million dollars for the period January first, two thousand three through December thirty-first, two thousand three of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (v) up to forty million dollars for the period January first, two thousand four through December thirty-first, two thousand four of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vi) up to forty million dollars for the period January first, two thousand five through December thirty-first, two thousand five of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vii) up to forty million dollars for the period January first, two thousand six through December thirty-first, two thousand six of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (viii) up to forty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; and (ix) up to forty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight of which fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law S. 6358 56 A. 8558 and fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law. (h) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York individual program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to six million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (ii) up to twenty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to five million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York group program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (ii) up to seventy-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to ten million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; S. 6358 57 A. 8558 (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this subdivision, the commissioner shall reserve and accumulate up to two million five hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, one million four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, from funds otherwise available for distribution under such paragraphs for the services and expenses related to the pilot program for entertainment industry employees included in subsection (b) of section one thousand one hundred twenty-two of the insurance law, and an additional seven hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, an addi- tional three hundred thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven for services and expenses related to the pilot program for displaced workers included in subsection (c) of section one thousand one hundred twenty-two of the insurance law. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the tobacco use prevention and control program established pursuant to sections thirteen hundred nine- ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to forty million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) up to forty million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to eighty-one million nine hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (viii) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell S. 6358 58 A. 8558 Park Cancer Institute Corporation to support costs associated with cancer research; (ix) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (x) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (xi) up to eighty-seven million seven hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) up to twenty-one million four hundred twelve thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; [and] (xiii) up to fifty-two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; AND (XIV) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (k) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes of services and expenses related to public health programs, including comprehensive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the health care services account, or any successor fund or account, and deposited into the fund established by section ninety-five-e of the state finance law for periods prior to March thirty-first, two thousand eleven, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-one million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty-one million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-one million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) one hundred twenty-two million five hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) one hundred eight million five hundred seventy-five thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand four through December thirty-first, two thousand four; (vi) ninety-one million eight hundred thousand dollars, plus an addi- tional five hundred thousand dollars, for the period January first, two thousand five through December thirty-first, two thousand five; (vii) one hundred fifty-six million six hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) one hundred fifty-one million four hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January S. 6358 59 A. 8558 first, two thousand seven through December thirty-first, two thousand seven; (ix) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (x) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand nine through December thirty-first, two thousand nine; (xi) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand ten through December thirty-first, two thousand ten; (xii) twenty-nine million two hundred thirty-seven thousand two hundred fifty dollars, plus an additional one hundred twenty-five thou- sand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xiii) one hundred twenty million thirty-eight thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; and (xiv) one hundred nineteen million four hundred seven thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen. (l) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the personal care and certified home health agency rate or fee increases established pursuant to subdivision three of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-three million two hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-three million two hundred thousand dollars for the period January first, two thousand one through December thirty-first, two thou- sand one; (iii) twenty-three million two hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to sixty-five million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to sixty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to sixty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; S. 6358 60 A. 8558 (viii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to sixteen million three hundred thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (m) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to home care workers insurance pilot demonstration programs established pursuant to subdivision two of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million eight hundred thousand dollars for the period Janu- ary first, two thousand through December thirty-first, two thousand; (ii) three million eight hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; (iii) three million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to three million eight hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to three million eight hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to three million eight hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to three million eight hundred thousand dollars for the peri- od January first, two thousand six through December thirty-first, two thousand six; (viii) up to three million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to nine hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (n) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the special revenue funds - other, miscellaneous special revenue fund - 339, elderly pharmaceutical insurance coverage program premium account authorized pursuant to the provisions of title three of article two of the elder law, or any successor fund or account, for funding state expenses relating to the program from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one hundred seven million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) one hundred sixty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; S. 6358 61 A. 8558 (iii) three hundred twenty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty- first, two thousand two; (iv) four hundred thirty-three million three hundred thousand dollars for the period January first, two thousand three through December thir- ty-first, two thousand three; (v) five hundred four million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) five hundred sixty-six million eight hundred thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; (vii) six hundred three million one hundred fifty thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (viii) six hundred sixty million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (ix) three hundred sixty-seven million four hundred sixty-three thou- sand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) three hundred thirty-four million eight hundred twenty-five thou- sand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) three hundred forty-four million nine hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (xii) eighty-seven million seven hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; (xiii) one hundred forty-three million one hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (xiv) one hundred twenty million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty- first, two thousand thirteen; [and] (xv) one hundred twenty-eight million eight hundred fifty thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen[.]; AND (XVI) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (o) Funds shall be reserved and accumulated and shall be transferred to the Roswell Park Cancer Institute Corporation, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to ninety million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to sixty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) eighty-five million two hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) seventy-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; S. 6358 62 A. 8558 (vi) seventy-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) ninety-one million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventy-eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) seventy-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) seventy-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) seventy-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) nineteen million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xiii) sixty-nine million eight hundred forty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XIV) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (p) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, indigent care fund - 068, indigent care account, or any successor fund or account, for purposes of providing a medicaid disproportionate share payment from the high need indigent care adjust- ment pool established pursuant to section twenty-eight hundred seven-w of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two; (ii) up to eighty-two million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to eighty-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eighty-two million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eighty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to eighty-two million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to eighty-two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to eighty-two million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to eighty-two million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to twenty million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) up to eighty-two million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (q) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing distributions to eligible school based health centers S. 6358 63 A. 8558 established pursuant to section eighty-eight of chapter one of the laws of nineteen hundred ninety-nine, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million dollars annually for the period January first, two thousand through December thirty-first, two thousand two; (ii) up to seven million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to seven million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to seven million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to seven million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to seven million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to seven million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to seven million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to seven million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to one million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to five million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (r) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions for supplemen- tary medical insurance for Medicare part B premiums, physicians services, outpatient services, medical equipment, supplies and other health services, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-three million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) sixty-one million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (iii) sixty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) sixty-seven million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) sixty-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) sixty-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) sixty-eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six; S. 6358 64 A. 8558 (viii) seventeen million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) sixty-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) sixty-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) sixty-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) seventeen million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xiii) sixty-eight million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (s) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million dollars for the period January first, two thou- sand through December thirty-first, two thousand; (ii) twenty-four million dollars annually for the periods January first, two thousand one through December thirty-first, two thousand two; (iii) up to twenty-four million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to twenty-four million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to twenty-four million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to twenty-four million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (viii) up to twenty-four million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (ix) up to twenty-two million dollars for the period January first, two thousand nine through November thirtieth, two thousand nine. (t) Funds shall be reserved and accumulated from year to year by the commissioner and shall be made available, including income from invested funds: (i) For the purpose of making grants to a state owned and operated medical school which does not have a state owned and operated hospital on site and available for teaching purposes. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law, such grants shall be made in the amount of up to five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) For the purpose of making grants to medical schools pursuant to section eighty-six-a of chapter one of the laws of nineteen hundred ninety-nine in the sum of up to four million dollars for the period S. 6358 65 A. 8558 January first, two thousand through December thirty-first, two thousand; and (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of this paragraph from the tobacco control and insurance initiatives pool are contingent upon meeting all funding amounts established pursuant to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r) and (s) of this subdivision, paragraph (a) of subdivision nine of section twenty-eight hundred seven-j of this article, and paragraphs (a), (i) and (k) of subdivision one of section twenty-eight hundred seven-l of this article. (u) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the nursing home quality improvement demonstration program established pursuant to section twen- ty-eight hundred eight-d of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to twenty-five million dollars for the period beginning April first, two thousand two and ending December thirty-first, two thousand two, and on an annualized basis, for each annual period thereafter beginning January first, two thousand three and ending December thirty- first, two thousand four; (ii) up to eighteen million seven hundred fifty thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; and (iii) up to fifty-six million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six. (v) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the hospital excess liability pool created pursu- ant to section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six, or any successor fund or account, for purposes of expenses related to the purchase of excess medical malprac- tice insurance and the cost of administrating the pool, including costs associated with the risk management program established pursuant to section forty-two of part A of chapter one of the laws of two thousand two required by paragraph (a) of subdivision one of section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six as may be amended from time to time, from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) up to fifty million dollars or so much as is needed for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to seventy-six million seven hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to sixty-five million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to sixty-five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358 66 A. 8558 (v) up to one hundred thirteen million eight hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) up to one hundred thirty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to one hundred thirty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to one hundred thirty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to one hundred thirty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to thirty-two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (w) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the treatment of breast and cervical cancer pursuant to para- graph (v) of subdivision four of section three hundred sixty-six of the social services law, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four hundred fifty thousand dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to two million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to two million one hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to two million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to two million one hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) up to two million one hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to two million one hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million one hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; S. 6358 67 A. 8558 (ix) up to two million one hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; (x) up to five hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xi) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (x) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public general hospital rates increases for recruitment and retention of health care workers from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) twenty-seven million one hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) fifty million eight hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixty-nine million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixty-nine million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) sixty-nine million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) sixty-five million three hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) sixty-one million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) forty-eight million seven hundred twenty-one thousand dollars for the period January first, two thousand nine through November thirti- eth, two thousand nine. (y) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public general hospitals for recruitment and retention of health care workers pursuant to paragraph (b) of subdivision thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; S. 6358 68 A. 8558 (ii) thirty-seven million four hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) fifty-two million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) fifty-two million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) fifty-two million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) forty-nine million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) forty-nine million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) twelve million two hundred fifty thousand dollars for the peri- od January first, two thousand nine through March thirty-first, two thousand nine. Provided, however, amounts pursuant to this paragraph may be reduced in an amount to be approved by the director of the budget to reflect amounts received from the federal government under the state's 1115 waiver which are directed under its terms and conditions to the health workforce recruitment and retention program. (z) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public residential health care facility rate increases for recruitment and retention of health care workers pursuant to para- graph (a) of subdivision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-one million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-three million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) forty-six million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) forty-six million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) forty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) thirty million nine hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) twenty-four million seven hundred thousand dollars for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; S. 6358 69 A. 8558 (viii) twelve million three hundred seventy-five thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (ix) nine million three hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; and (x) two million three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (aa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public residential health care facilities for recruitment and retention of health care workers pursuant to paragraph (b) of subdi- vision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty- first, two thousand two; (ii) eleven million seven hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixteen million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (vi) ten million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) six million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) one million three hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine. (bb)(i) Funds shall be deposited by the commissioner, within amounts appropriated, and subject to the availability of federal financial participation, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which include a city with a population of over one million persons and computed and distributed in accordance with memorandums of understanding to be entered into between the state of New York and such local social service districts for the purpose of support- ing the recruitment and retention of personal care service workers or any worker with direct patient care responsibility, from the tobacco S. 6358 70 A. 8558 control and insurance initiatives pool established for the following periods and the following amounts: (A) forty-four million dollars, on an annualized basis, for the period April first, two thousand two through December thirty-first, two thou- sand two; (B) seventy-four million dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (C) one hundred four million dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (D) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand five through December thir- ty-first, two thousand five; (E) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand six through December thirty- first, two thousand six; (F) one hundred thirty-six million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (G) one hundred thirty-six million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (H) one hundred thirty-six million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (I) one hundred thirty-six million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (J) thirty-four million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (K) up to one hundred thirty-six million dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (L) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN THROUGH APRIL FIRST, TWO THOUSAND SEVENTEEN. (ii) Adjustments to Medicaid rates made pursuant to this paragraph shall not, in aggregate, exceed the following amounts for the following periods: (A) for the period April first, two thousand two through December thirty-first, two thousand two, one hundred ten million dollars; (B) for the period January first, two thousand three through December thirty-first, two thousand three, one hundred eighty-five million dollars; (C) for the period January first, two thousand four through December thirty-first, two thousand four, two hundred sixty million dollars; (D) for the period January first, two thousand five through December thirty-first, two thousand five, three hundred forty million dollars; (E) for the period January first, two thousand six through December thirty-first, two thousand six, three hundred forty million dollars; (F) for the period January first, two thousand seven through December thirty-first, two thousand seven, three hundred forty million dollars; (G) for the period January first, two thousand eight through December thirty-first, two thousand eight, three hundred forty million dollars; (H) for the period January first, two thousand nine through December thirty-first, two thousand nine, three hundred forty million dollars; S. 6358 71 A. 8558 (I) for the period January first, two thousand ten through December thirty-first, two thousand ten, three hundred forty million dollars; (J) for the period January first, two thousand eleven through March thirty-first, two thousand eleven, eighty-five million dollars; [and] (K) for each state fiscal year within the period April first, two thousand eleven through March thirty-first, two thousand fourteen, three hundred forty million dollars[.]; AND (L) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, THREE HUNDRED FORTY MILLION DOLLARS. (iii) Personal care service providers which have their rates adjusted pursuant to this paragraph shall use such funds for the purpose of recruitment and retention of non-supervisory personal care services workers or any worker with direct patient care responsibility only and are prohibited from using such funds for any other purpose. Each such personal care services provider shall submit, at a time and in a manner to be determined by the commissioner, a written certification attesting that such funds will be used solely for the purpose of recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. The commissioner is author- ized to audit each such provider to ensure compliance with the written certification required by this subdivision and shall recoup any funds determined to have been used for purposes other than recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. Such recoupment shall be in addition to any other penalties provided by law. (cc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which shall not include a city with a popu- lation of over one million persons for the purpose of supporting the personal care services worker recruitment and retention program as established pursuant to section three hundred sixty-seven-q of the social services law, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (i) two million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) five million six hundred thousand dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eight million four hundred thousand dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (iv) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand five through December thirty-first, two thousand five; (v) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand six through December thirty-first, two thousand six; S. 6358 72 A. 8558 (vi) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eleven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XII) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN. (dd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for physician services from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to fifty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) eighty-one million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) eighty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) eighty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) eighty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eighty-five million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) eighty-five million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eighty-five million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; S. 6358 73 A. 8558 (x) twenty-one million three hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) eighty-five million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (ee) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the free-standing diagnostic and treatment center rate increases for recruitment and retention of health care workers pursuant to subdivision seventeen of section twenty-eight hundred seven of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million two hundred fifty thousand dollars for the period April first, two thousand two through December thirty-first, two thou- sand two; (ii) three million two hundred fifty thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) three million two hundred fifty thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) three million two hundred fifty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) three million two hundred fifty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) three million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) three million four hundred thirty-eight thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) two million four hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) one million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (x) three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (ff) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for disabled persons as authorized pursuant to FORMER subparagraphs twelve and thirteen of paragraph (a) of subdivision one of section three hundred sixty-six of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: S. 6358 74 A. 8558 (i) one million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) sixteen million four hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighteen million seven hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) thirty million six hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) fifteen million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (viii) fifteen million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (ix) fifteen million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; (x) three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (gg) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (c) of subdivision thirty of section twenty-eight hundred seven-c of this arti- cle from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to one million three hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to three million two hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to five million six hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eight million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight million six hundred thousand dollars on an annualized basis for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to two million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; S. 6358 75 A. 8558 (vii) up to two million six hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million six hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; and (x) up to six hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (hh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue fund - other, HCRA transfer fund, medical assistance account for purposes of providing financial assistance to residential health care facilities pursuant to subdivisions nineteen and twenty-one of section twenty-eight hundred eight of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) for the period April first, two thousand two through December thirty-first, two thousand two, ten million dollars; (ii) for the period January first, two thousand three through December thirty-first, two thousand three, nine million four hundred fifty thou- sand dollars; (iii) for the period January first, two thousand four through December thirty-first, two thousand four, nine million three hundred fifty thou- sand dollars; (iv) up to fifteen million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to fifteen million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to fifteen million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to fifteen million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to fifteen million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to fifteen million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen. (ii) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for disabled persons as authorized by sections 1619 (a) and (b) of the federal social security act pursuant to the tobacco control and insurance initiatives pool established for the following periods in the following amounts: S. 6358 76 A. 8558 (i) six million four hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) eight million five hundred thousand dollars, for the period Janu- ary first, two thousand three through December thirty-first, two thou- sand three; (iii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (iv) eight million five hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) eight million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eight million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eight million five hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (jj) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purposes of a grant program to improve access to infertility services, treatments and procedures, from the tobacco control and insurance initi- atives pool established for the period January first, two thousand two through December thirty-first, two thousand two in the amount of nine million one hundred seventy-five thousand dollars, for the period April first, two thousand six through March thirty-first, two thousand seven in the amount of five million dollars, for the period April first, two thousand seven through March thirty-first, two thousand eight in the amount of five million dollars, for the period April first, two thousand eight through March thirty-first, two thousand nine in the amount of five million dollars, and for the period April first, two thousand nine through March thirty-first, two thousand ten in the amount of five million dollars, for the period April first, two thousand ten through March thirty-first, two thousand eleven in the amount of two million two hundred thousand dollars, and for the period April first, two thousand eleven through March thirty-first, two thousand twelve up to one million one hundred thousand dollars. (kk) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, S. 6358 77 A. 8558 or any successor fund or account, for purposes of funding the state share of Medical Assistance Program expenditures from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) thirty-eight million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to two hundred ninety-five million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to four hundred seventy-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to nine hundred million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight hundred sixty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to six hundred sixteen million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) up to five hundred seventy-eight million nine hundred twenty- five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) within amounts appropriated on and after January first, two thousand nine. (ll) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures related to the city of New York from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) one hundred twenty-four million six hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (iii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four; (iv) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (v) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand eight through December thir- ty-first, two thousand eight; S. 6358 78 A. 8558 (viii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (ix) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (x) thirty-one million one hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; and (xi) one hundred twenty-four million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (mm) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding specified percentages of the state share of services and expenses related to the family health plus program in accordance with the following schedule: (i) (A) for the period January first, two thousand three through December thirty-first, two thousand four, one hundred percent of the state share; (B) for the period January first, two thousand five through December thirty-first, two thousand five, seventy-five percent of the state share; and, (C) for periods beginning on and after January first, two thousand six, fifty percent of the state share. (ii) Funding for the family health plus program will include up to five million dollars annually for the period January first, two thousand three through December thirty-first, two thousand six, up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to seven million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to seven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to seven million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to six million forty-nine thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to six million two hundred eighty-nine thousand dollars for the period April first, two thousand twelve through March thirty-first, two thou- sand thirteen, and up to six million four hundred sixty-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, for administration and marketing costs associated with such program established pursuant to clauses (A) and (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (A) one hundred ninety million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; S. 6358 79 A. 8558 (B) three hundred seventy-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (C) five hundred thirty-eight million four hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (D) three hundred eighteen million seven hundred seventy-five thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (E) four hundred eighty-two million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (F) five hundred seventy million twenty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (G) six hundred ten million seven hundred twenty-five thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (H) six hundred twenty-seven million two hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (I) one hundred fifty-seven million eight hundred seventy-five thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (J) six hundred twenty-eight million four hundred thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (K) six hundred fifty million four hundred thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; [and] (L) six hundred fifty million four hundred thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen[.]; AND (M) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (nn) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes related to adult home initiatives for medicaid eligible residents of residential facilities licensed pursuant to section four hundred sixty-b of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four million dollars for the period January first, two thou- sand three through December thirty-first, two thousand three; (ii) up to six million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; (iii) up to eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; S. 6358 80 A. 8558 (iv) up to eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this paragraph; (v) up to eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (vi) up to two million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (vii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (viii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (ix) up to six hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (oo) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (e) of subdivision twenty-five of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to five million dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; [and] (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vii) up to five million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (viii) up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (pp) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the provision of tax credits for long term care insurance pursuant to subdivision one of section one hundred ninety of the tax law, paragraph (a) of subdivision twenty-five-a of section two S. 6358 81 A. 8558 hundred ten of such law, subsection (aa) of section six hundred six of such law, paragraph one of subsection (k) of section fourteen hundred fifty-six of such law and paragraph one of subdivision (m) of section fifteen hundred eleven of such law, in the following amounts: (i) ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) ten million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) ten million dollars for the period January first, two thousand six through December thirty-first, two thousand six; and (iv) five million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven. (qq) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the long-term care insurance education and outreach program established pursuant to section two hundred seventeen-a of the elder law for the following periods in the following amounts: (i) up to five million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; of S. 6358 82 A. 8558 such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long-term care insurance resource centers with the necessary resources to carry out their operations; (vii) up to four hundred eighty-eight thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten; of such funds four hundred eighty-eight thousand dollars shall be made available to the department for the purpose of developing, imple- menting and administering the long-term care insurance education and outreach program. (rr) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and shall be available, including income from invested funds, for the purpose of supporting expenses related to implementation of the provisions of title III of article twenty-nine-D of this chapter, for the following periods and in the following amounts: (i) up to ten million dollars for the period January first, two thou- sand six through December thirty-first, two thousand six; (ii) up to ten million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; (iii) up to ten million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) up to ten million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (v) up to ten million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; and (vi) up to two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (ss) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and used for a health care stabilization program established by the commissioner for the purposes of stabilizing critical health care providers and health care programs whose ability to continue to provide appropriate services are threatened by financial or other challenges, in the amount of up to twenty-eight million dollars for the period July first, two thousand four through June thirtieth, two S. 6358 83 A. 8558 thousand five. Notwithstanding the provisions of section one hundred twelve of the state finance law or any other inconsistent provision of the state finance law or any other law, funds available for distribution pursuant to this paragraph may be allocated and distributed by the commissioner, or the state comptroller as applicable without a compet- itive bid or request for proposal process. Considerations relied upon by the commissioner in determining the allocation and distribution of these funds shall include, but not be limited to, the following: (i) the importance of the provider or program in meeting critical health care needs in the community in which it operates; (ii) the provider or program provision of care to under-served populations; (iii) the quality of the care or services the provider or program delivers; (iv) the abil- ity of the provider or program to continue to deliver an appropriate level of care or services if additional funding is made available; (v) the ability of the provider or program to access, in a timely manner, alternative sources of funding, including other sources of government funding; (vi) the ability of other providers or programs in the communi- ty to meet the community health care needs; (vii) whether the provider or program has an appropriate plan to improve its financial condition; and (viii) whether additional funding would permit the provider or program to consolidate, relocate, or close programs or services where such actions would result in greater stability and efficiency in the delivery of needed health care services or programs. (tt) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing grants for two long term care demonstration projects designed to test new models for the delivery of long term care services established pursuant to section twenty-eight hundred seven-x of this chapter, for the following periods and in the following amounts: (i) up to five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to one million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; and (v) up to two hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (uu) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting disease management and telemedicine demonstration programs authorized pursuant to section twenty-one hundred eleven of this chapter for the following periods in the following amounts: (i) five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (ii) five million dollars for the period January first, two thousand five through December thirty-first, two thousand five, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; S. 6358 84 A. 8558 (iii) nine million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iv) nine million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and one million dollars shall be available for telemedicine demonstration programs; (v) nine million five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (vi) seven million eight hundred thirty-three thousand three hundred thirty-three dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and three hundred thirty-three thousand three hundred thirty-three dollars shall be available for telemedicine demon- stration programs for the period January first, two thousand nine through March first, two thousand nine; (vii) one million eight hundred seventy-five thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten shall be available for disease management demonstration programs. (ww) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for recruitment and retention of health care workers pursuant to paragraph (e) of subdivi- sion thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) sixty million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; and (ii) sixty million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six. (xx) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for rural hospitals pursu- ant to subdivision thirty-two of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358 85 A. 8558 (ii) three million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (iii) three million five hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (iv) three million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; and (v) three million two hundred eight thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (yy) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated and notwithstanding section one hundred twelve of the state finance law and any other contrary provision of law, for the purpose of supporting grants not to exceed five million dollars to be made by the commissioner without a competitive bid or request for proposal process, in support of the delivery of critically needed health care services, to health care providers located in the counties of Erie and Niagara which executed a memorandum of closing and conducted a merger closing in escrow on Novem- ber twenty-fourth, nineteen hundred ninety-seven and which entered into a settlement dated December thirtieth, two thousand four for a loss on disposal of assets under the provisions of title XVIII of the federal social security act applicable to mergers occurring prior to December first, nineteen hundred ninety-seven. (zz) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated, for the purpose of supporting expenditures authorized pursuant to section twenty-eight hundred eighteen of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) one hundred eight million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iii) one hundred seventy-one million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iv) one hundred seventy-one million five hundred thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (v) one hundred twenty-eight million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vi) one hundred thirty-one million three hundred seventy-five thou- sand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; S. 6358 86 A. 8558 (vii) thirty-four million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (viii) four hundred thirty-three million three hundred sixty-six thou- sand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (ix) one hundred fifty million eight hundred six thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; [and] (x) seventy-eight million seventy-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thou- sand fourteen[.]; AND (XI) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (aaa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for services and expenses related to school based health centers, in an amount up to three million five hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million five hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million five hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million five hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, up to three million five hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven, [and] up to two million eight hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty- first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. The total amount of funds provided herein shall be distributed as grants based on the ratio of each provider's total enrollment for all sites to the total enrollment of all providers. This formula shall be applied to the total amount provided herein. (bbb) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of awarding grants to operators of adult homes, enriched housing programs and residences through the enhancing abilities and life experi- ence (EnAbLe) program to provide for the installation, operation and maintenance of air conditioning in resident rooms, consistent with this paragraph, in an amount up to two million dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million eight hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million eight hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million eight hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, and up to three million eight hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven. Residents shall not be charged utility cost for the use of air conditioners supplied under the EnAbLe program. All such air conditioners must be operated in occupied resident rooms consistent with requirements applicable to common areas. S. 6358 87 A. 8558 (ccc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the rates for certified home health agencies, long term home health care programs, AIDS home care programs, hospice programs and managed long term care plans and approved managed long term care operating demonstrations as defined in section forty-four hundred three-f of this chapter for recruitment and retention of health care workers pursuant to subdivisions nine and ten of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-five million dollars for the period June first, two thou- sand six through December thirty-first, two thousand six; (ii) fifty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (iii) fifty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) fifty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (v) fifty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (vi) twelve million five hundred thousand dollars for the period Janu- ary first, two thousand eleven through March thirty-first, two thousand eleven; and (vii) up to fifty million dollars each state fiscal year for the peri- od April first, two thousand eleven through March thirty-first, two thousand fourteen. (ddd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the medical assistance rates for providers for purposes of enhancing the provision, quality and/or efficiency of home care services pursuant to subdivision eleven of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following period in the amount of eight million dollars for the period April first, two thousand six through December thirty-first, two thousand six. (eee) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, to the Center for Functional Genomics at the State University of New York at Albany, for the purposes of the Adirondack network for cancer education and research in rural communities grant program to improve access to health care and shall be made available from the tobacco control and insurance initiatives pool established for the following period in the amount of up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six. (fff) Funds shall be made available to the empire state stem cell fund established by section ninety-nine-p of the state finance law within amounts appropriated up to fifty million dollars annually and shall not exceed five hundred million dollars in total. S. 6358 88 A. 8558 (ggg) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for hospital translation services as authorized pursuant to paragraph (k) of subdivision one of section twen- ty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) sixteen million dollars for the period July first, two thousand eight through December thirty-first, two thousand eight; and (ii) fourteen million seven hundred thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (hhh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for adjustments to inpatient rates of payment for general hospitals located in the counties of Nassau and Suffolk as authorized pursuant to paragraph (l) of subdivision one of section twenty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period April first, two thousand eight through December thirty-first, two thousand eight; and (ii) two million two hundred ninety-two thousand dollars for the peri- od January first, two thousand nine through November thirtieth, two thousand nine. (iii) Funds shall be reserved and set aside and accumulated from year to year and shall be made available, including income from investment funds, for the purpose of supporting the New York state medical indem- nity fund as authorized pursuant to title four of article twenty-nine-D of this chapter, for the following periods and in the following amounts, provided, however, that the commissioner is authorized to seek waiver authority from the federal centers for medicare and Medicaid for the purpose of securing Medicaid federal financial participation for such program, in which case the funding authorized pursuant to this paragraph shall be utilized as the non-federal share for such payments: Thirty million dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve. 2. (a) For periods prior to January first, two thousand five, the commissioner is authorized to contract with the article forty-three insurance law plans, or such other contractors as the commissioner shall designate, to receive and distribute funds from the tobacco control and insurance initiatives pool established pursuant to this section. In the event contracts with the article forty-three insurance law plans or other commissioner's designees are effectuated, the commissioner shall conduct annual audits of the receipt and distribution of such funds. The reasonable costs and expenses of an administrator as approved by the commissioner, not to exceed for personnel services on an annual basis five hundred thousand dollars, for collection and distribution of funds pursuant to this section shall be paid from such funds. S. 6358 89 A. 8558 (b) Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, at the discretion of the commissioner without a competitive bid or request for proposal process, contracts in effect for administration of pools established pursuant to sections twenty-eight hundred seven-k, twenty-eight hundred seven-l and twenty-eight hundred seven-m of this article for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine may be extended to provide for administration pursuant to this section and may be amended as may be necessary. S 9. Subdivisions 5-a and 7 of section 2807-m of the public health law, as added by section 75-c of part C of chapter 58 of the laws of 2008, the paragraph heading of paragraph (b) and the second undesignated paragraph of paragraph (b) of subdivision 5-a as amended by section 4 of part B of chapter 109 of the laws of 2010, the opening paragraph of paragraph (b), subparagraphs (C), (D) and (G) of paragraph (b), and paragraphs (c), (f) and (g) of subdivision 5-a as amended by section 26 of part C of chapter 59 of the laws of 2011, subparagraph (H) of para- graph (b) of subdivision 5-a as added by section 60 of part D of chapter 56 of the laws of 2012, paragraphs (d) and (e) of subdivision 5-a as amended by section 53 of part D of chapter 56 of the laws of 2012 and paragraph (e-1) of subdivision 5-a as added by section 54 of part D of chapter 56 of the laws of 2012, and subdivision 7 as amended by section 26-a of part C of chapter 59 of the laws of 2011, are amended to read as follows: 5-a. Graduate medical education innovations pool. (a) Supplemental distributions. (i) Thirty-one million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions pursuant to subdivision five of this section and in accordance with section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York as in effect on January first, two thousand eight; provided, however, for purposes of funding the empire clinical research investigation program (ECRIP) in accordance with paragraph eight of subdivision (e) and paragraph two of subdivision (f) of section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York, distributions shall be made using two regions defined as New York city and the rest of the state and the dollar amount set forth in subparagraph (i) of paragraph two of subdivi- sion (f) of section 86-1.89 of title 10 of the codes, rules and regu- lations of the state of New York shall be increased from sixty thousand dollars to seventy-five thousand dollars. (ii) For periods on and after January first, two thousand nine, supplemental distributions pursuant to subdivision five of this section and in accordance with section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York shall no longer be made and the provisions of section 86-1.89 of title 10 of the codes, rules and regu- lations of the state of New York shall be null and void. (b) Empire clinical research investigator program (ECRIP). Nine million one hundred twenty thousand dollars annually for the period January first, two thousand nine through December thirty-first, two thousand ten, and two million two hundred eighty thousand dollars for the period January first, two thousand eleven, [and] THROUGH MARCH THIR- TY-FIRST, TWO THOUSAND ELEVEN, nine million one hundred twenty thousand dollars each state fiscal year for the period April first, two thousand S. 6358 90 A. 8558 eleven through March thirty-first, two thousand fourteen, [through March thirty-first, two thousand eleven,] AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section to be allocated regionally with two-thirds of the available funding going to New York city and one-third of the available funding going to the rest of the state and shall be available for distribution as follows: Distributions shall first be made to consortia and teaching general hospitals for the empire clinical research investigator program (ECRIP) to help secure federal funding for biomedical research, train clinical researchers, recruit national leaders as faculty to act as mentors, and train residents and fellows in biomedical research skills based on hospital-specific data submitted to the commissioner by consortia and teaching general hospitals in accordance with clause (G) of this subpar- agraph. Such distributions shall be made in accordance with the follow- ing methodology: (A) The greatest number of clinical research positions for which a consortium or teaching general hospital may be funded pursuant to this subparagraph shall be one percent of the total number of residents training at the consortium or teaching general hospital on July first, two thousand eight for the period January first, two thousand nine through December thirty-first, two thousand nine rounded up to the near- est one position. (B) Distributions made to a consortium or teaching general hospital shall equal the product of the total number of clinical research posi- tions submitted by a consortium or teaching general hospital and accepted by the commissioner as meeting the criteria set forth in para- graph (b) of subdivision one of this section, subject to the reduction calculation set forth in clause (C) of this subparagraph, times one hundred ten thousand dollars. (C) If the dollar amount for the total number of clinical research positions in the region calculated pursuant to clause (B) of this subparagraph exceeds the total amount appropriated for purposes of this paragraph, including clinical research positions that continue from and were funded in prior distribution periods, the commissioner shall elimi- nate one-half of the clinical research positions submitted by each consortium or teaching general hospital rounded down to the nearest one position. Such reduction shall be repeated until the dollar amount for the total number of clinical research positions in the region does not exceed the total amount appropriated for purposes of this paragraph. If the repeated reduction of the total number of clinical research posi- tions in the region by one-half does not render a total funding amount that is equal to or less than the total amount reserved for that region within the appropriation, the funding for each clinical research posi- tion in that region shall be reduced proportionally in one thousand dollar increments until the total dollar amount for the total number of clinical research positions in that region does not exceed the total amount reserved for that region within the appropriation. Any reduction in funding will be effective for the duration of the award. No clinical research positions that continue from and were funded in prior distrib- ution periods shall be eliminated or reduced by such methodology. (D) Each consortium or teaching general hospital shall receive its annual distribution amount in accordance with the following: S. 6358 91 A. 8558 (I) Each consortium or teaching general hospital with a one-year ECRIP award shall receive its annual distribution amount in full upon completion of the requirements set forth in items (I) and (II) of clause (G) of this subparagraph. The requirements set forth in items (IV) and (V) of clause (G) of this subparagraph must be completed by the consor- tium or teaching general hospital in order for the consortium or teach- ing general hospital to be eligible to apply for ECRIP funding in any subsequent funding cycle. (II) Each consortium or teaching general hospital with a two-year ECRIP award shall receive its first annual distribution amount in full upon completion of the requirements set forth in items (I) and (II) of clause (G) of this subparagraph. Each consortium or teaching general hospital will receive its second annual distribution amount in full upon completion of the requirements set forth in item (III) of clause (G) of this subparagraph. The requirements set forth in items (IV) and (V) of clause (G) of this subparagraph must be completed by the consortium or teaching general hospital in order for the consortium or teaching gener- al hospital to be eligible to apply for ECRIP funding in any subsequent funding cycle. (E) Each consortium or teaching general hospital receiving distrib- utions pursuant to this subparagraph shall reserve seventy-five thousand dollars to primarily fund salary and fringe benefits of the clinical research position with the remainder going to fund the development of faculty who are involved in biomedical research, training and clinical care. (F) Undistributed or returned funds available to fund clinical research positions pursuant to this paragraph for a distribution period shall be available to fund clinical research positions in a subsequent distribution period. (G) In order to be eligible for distributions pursuant to this subpar- agraph, each consortium and teaching general hospital shall provide to the commissioner by July first of each distribution period, the follow- ing data and information on a hospital-specific basis. Such data and information shall be certified as to accuracy and completeness by the chief executive officer, chief financial officer or chair of the consor- tium governing body of each consortium or teaching general hospital and shall be maintained by each consortium and teaching general hospital for five years from the date of submission: (I) For each clinical research position, information on the type, scope, training objectives, institutional support, clinical research experience of the sponsor-mentor, plans for submitting research outcomes to peer reviewed journals and at scientific meetings, including a meet- ing sponsored by the department, the name of a principal contact person responsible for tracking the career development of researchers placed in clinical research positions, as defined in paragraph (c) of subdivision one of this section, and who is authorized to certify to the commission- er that all the requirements of the clinical research training objec- tives set forth in this subparagraph shall be met. Such certification shall be provided by July first of each distribution period; (II) For each clinical research position, information on the name, citizenship status, medical education and training, and medical license number of the researcher, if applicable, shall be provided by December thirty-first of the calendar year following the distribution period; (III) Information on the status of the clinical research plan, accom- plishments, changes in research activities, progress, and performance of S. 6358 92 A. 8558 the researcher shall be provided upon completion of one-half of the award term; (IV) A final report detailing training experiences, accomplishments, activities and performance of the clinical researcher, and data, meth- ods, results and analyses of the clinical research plan shall be provided three months after the clinical research position ends; and (V) Tracking information concerning past researchers, including but not limited to (A) background information, (B) employment history, (C) research status, (D) current research activities, (E) publications and presentations, (F) research support, and (G) any other information necessary to track the researcher; and (VI) Any other data or information required by the commissioner to implement this subparagraph. (H) Notwithstanding any inconsistent provision of this subdivision, for periods on and after April first, two thousand thirteen, ECRIP grant awards shall be made in accordance with rules and regulations promulgat- ed by the commissioner. Such regulations shall, at a minimum: (1) provide that ECRIP grant awards shall be made with the objective of securing federal funding for biomedical research, training clinical researchers, recruiting national leaders as faculty to act as mentors, and training residents and fellows in biomedical research skills; (2) provide that ECRIP grant applicants may include interdisciplinary research teams comprised of teaching general hospitals acting in collab- oration with entities including but not limited to medical centers, hospitals, universities and local health departments; (3) provide that applications for ECRIP grant awards shall be based on such information requested by the commissioner, which shall include but not be limited to hospital-specific data; (4) establish the qualifications for investigators and other staff required for grant projects eligible for ECRIP grant awards; and (5) establish a methodology for the distribution of funds under ECRIP grant awards. (c) Ambulatory care training. Four million nine hundred thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, four million nine hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, four million nine hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, one million two hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] four million three hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY- FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to sponsor- ing institutions to be directed to support clinical training of medical students and residents in free-standing ambulatory care settings, including community health centers and private practices. Such funding shall be allocated regionally with two-thirds of the available funding going to New York city and one-third of the available funding going to the rest of the state and shall be distributed to sponsoring insti- tutions in each region pursuant to a request for application or request for proposal process with preference being given to sponsoring insti- S. 6358 93 A. 8558 tutions which provide training in sites located in underserved rural or inner-city areas and those that include medical students in such train- ing. (d) Physician loan repayment program. One million nine hundred sixty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, one million nine hundred sixty thousand dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine, one million nine hundred sixty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, four hundred ninety thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, [and] one million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdi- vision two of this section and shall be available for purposes of physi- cian loan repayment in accordance with subdivision ten of this section. Notwithstanding any contrary provision of this section, sections one hundred twelve and one hundred sixty-three of the state finance law, or any other contrary provision of law, such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner without a competitive bid or request for proposal process as follows: (i) Funding shall first be awarded to repay loans of up to twenty-five physicians who train in primary care or specialty tracks in teaching general hospitals, and who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to repay loans of physi- cians who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner, including but not limited to physicians working in general hospitals, or other health care facilities. (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed in accordance with subpara- graphs (i) and (ii) of this paragraph to physicians identified by gener- al hospitals. (e) Physician practice support. Four million nine hundred thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, four million nine hundred thousand dollars annually for the period January first, two thousand nine through December thirty-first, two thousand ten, one million two hundred twen- ty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] four million three hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdi- vision two of this section and shall be available for purposes of physi- cian practice support. Notwithstanding any contrary provision of this S. 6358 94 A. 8558 section, sections one hundred twelve and one hundred sixty-three of the state finance law, or any other contrary provision of law, such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner without a competitive bid or request for proposal process as follows: (i) Preference in funding shall first be accorded to teaching general hospitals for up to twenty-five awards, to support costs incurred by physicians trained in primary or specialty tracks who thereafter estab- lish or join practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to physicians to support the cost of establishing or joining practices in underserved communi- ties, as determined by the commissioner, and to hospitals and other health care providers to recruit new physicians to provide services in underserved communities, as determined by the commissioner. (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed to general hospitals in accordance with subparagraphs (i) and (ii) of this paragraph. (e-1) Work group. For funding available pursuant to paragraphs (d) and (e) of this subdivision: (i) The department shall appoint a work group from recommendations made by associations representing physicians, general hospitals and other health care facilities to develop a streamlined application proc- ess by June first, two thousand twelve. (ii) Subject to available funding, applications shall be accepted on a continuous basis. The department shall provide technical assistance to applicants to facilitate their completion of applications. An applicant shall be notified in writing by the department within ten days of receipt of an application as to whether the application is complete and if the application is incomplete, what information is outstanding. The department shall act on an application within thirty days of receipt of a complete application. (f) Study on physician workforce. Five hundred ninety thousand dollars annually for the period January first, two thousand eight through Decem- ber thirty-first, two thousand ten, one hundred forty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] five hundred sixteen thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVEN- TEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available to fund a study of physician workforce needs and solutions including, but not limited to, an analysis of residency programs and projected physician workforce and community needs. The commissioner shall enter into agreements with one or more organizations to conduct such study based on a request for proposal process. (g) Diversity in medicine/post-baccalaureate program. Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, one million nine hundred sixty thousand dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, four S. 6358 95 A. 8558 hundred ninety thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, [and] one million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdi- vision two of this section and shall be available for distributions to the Associated Medical Schools of New York to fund its diversity program including existing and new post-baccalaureate programs for minority and economically disadvantaged students and encourage participation from all medical schools in New York. The associated medical schools of New York shall report to the commissioner on an annual basis regarding the use of funds for such purpose in such form and manner as specified by the commissioner. (h) In the event there are undistributed funds within amounts made available for distributions pursuant to this subdivision, such funds may be reallocated and distributed in current or subsequent distribution periods in a manner determined by the commissioner for any purpose set forth in this subdivision. 7. Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, up to one million dollars for the period January first, two thou- sand through December thirty-first, two thousand, one million six hundred thousand dollars annually for the periods January first, two thousand one through December thirty-first, two thousand eight, one million five hundred thousand dollars annually for the periods January first, two thousand nine through December thirty-first, two thousand ten, three hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] one million three hundred twenty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to the New York state area health educa- tion center program for the purpose of expanding community-based train- ing of medical students. In addition, one million dollars annually for the period January first, two thousand eight through December thirty- first, two thousand ten, two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, and eight hundred eighty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to the New York state area health education center program for the purpose of post-secondary training of health care professionals who will achieve specific program outcomes within the New York state area health education center program. The New York state area health education center program shall report to the commissioner on an annual basis regarding the use of funds for each purpose in such form and manner as specified by the commissioner. S. 6358 96 A. 8558 S 10. Paragraph (a) of subdivision 12 of section 367-b of the social services law, as amended by section 10 of part C of chapter 59 of the laws of 2011, is amended to read as follows: (a) For the purpose of regulating cash flow for general hospitals, the department shall develop and implement a payment methodology to provide for timely payments for inpatient hospital services eligible for case based payments per discharge based on diagnosis-related groups provided during the period January first, nineteen hundred eighty-eight through March thirty-first two thousand [fourteen] SEVENTEEN, by such hospitals which elect to participate in the system. S 11. Section 2 of chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, as amended by section 11 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 2. This act shall take effect immediately, except that this act shall expire and be of no further force and effect on and after April 1, [2014] 2017; provided, however, that the commissioner of health shall submit a report to the governor and the legislature detailing the objec- tive, impact, design and computation of any pilot reimbursement program established pursuant to this act, on or before March 31, 1994 and annu- ally thereafter. Such report shall include an assessment of the finan- cial impact of such payment system on providers, as well as the impact of such system on access to care. S 12. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of the laws of 1978, relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, as amended by section 12 of part C of chapter 59 of the laws of 2011, is amended to read as follows: (i) oversight and evaluation of the inpatient financing system in place for 1988 through March 31, [2014] 2017, and the appropriateness and effectiveness of the bad debt and charity care financing provisions; S 13. Intentionally omitted. S 14. Paragraphs (1) and (m) of subdivision 1 of section 367-q of the social services law, as amended by section 35 of part D of chapter 56 of the laws of 2012, are amended and three new paragraphs (n), (o) and (p) are added to read as follows: (l) for the period April first, two thousand twelve through March thirty-first, two thousand thirteen, up to twenty-eight million five hundred thousand dollars; [and] (m) for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, up to twenty-eight million five hundred thousand dollars[.]; (N) FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; (O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; AND (P) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS. S 15. Subdivision 6 of section 2807-t of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: 6. Prospective adjustments. (A) The commissioner shall annually recon- cile the sum of the actual payments made to the commissioner or the commissioner's designee for each region pursuant to section twenty-eight S. 6358 97 A. 8558 hundred seven-s of this article and pursuant to this section for the prior year with the regional allocation of the gross annual statewide amount specified in subdivision six of section twenty-eight hundred seven-s of this article for such prior year. The difference between the actual amount raised for a region and the regional allocation of the specified gross annual amount for such prior year shall be applied as a prospective adjustment to the regional allocation of the specified gross annual payment amount for such region for the year next following the calculation of the reconciliation. The authorized dollar value of the adjustments shall be the same as if calculated retrospectively. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, FOR COVERED LIVES ASSESSMENT RATE PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION FORTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS, PROSPECTIVE ADJUSTMENTS SHALL BE SUSPENDED IF THE ANNUAL RECONCILIATION CALCULATION FROM THE PRIOR YEAR WOULD OTHERWISE RESULT IN A DECREASE TO THE REGIONAL ALLOCATION OF THE SPECIFIED GROSS ANNUAL PAYMENT AMOUNT FOR THAT REGION, PROVIDED, HOWEVER, THAT SUCH SUSPENSION SHALL BE LIFTED UPON A DETERMI- NATION BY THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, THAT SIXTY-FIVE MILLION DOLLARS IN AGGREGATE COLLECTIONS ON AN ANNUAL BASIS OVER AND ABOVE ONE BILLION FORTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS HAVE BEEN RESERVED AND SET ASIDE FOR DEPOSIT IN THE HCRA RESOURCES FUND FOR THE PURPOSE OF FUNDING THE STATE HEALTH INFORMATION NETWORK OF NEW YORK AND THE ALL PAYER CLAIMS DATABASE. ANY AMOUNTS COLLECTED IN THE AGGREGATE AT OR BELOW ONE BILLION FORTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS, SHALL BE SUBJECT TO REGIONAL ADJUSTMENTS RECONCILING ANY DECREASES OR INCREASES TO THE REGIONAL ALLOCATION IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION. S 16. Subdivision 4-c of section 2807-p of the public health law, as amended by section 27 of part C of chapter 59 of the laws of 2011, is amended to read as follows: 4-c. Notwithstanding any provision of law to the contrary, the commis- sioner shall make additional payments for uncompensated care to volun- tary non-profit diagnostic and treatment centers that are eligible for distributions under subdivision four of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, in the amount of seven million five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven, seven million five hundred thousand dollars, for the period January first, two thou- sand eight through December thirty-first, two thousand eight, seven million five hundred thousand dollars, for the period January first, two thousand nine through December thirty-first, two thousand nine, fifteen million five hundred thousand dollars, for the period January first, two thousand ten through December thirty-first, two thousand ten, seven million five hundred thousand dollars, for the period January first, two thousand eleven though December thirty-first, two thousand eleven, seven million five hundred thousand dollars, for the period January first, two thousand twelve through December thirty-first, two thousand twelve, seven million five hundred thousand dollars, for the period January first, two thousand thirteen through December thirty-first, two thousand thirteen, seven million five hundred thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND FOURTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER S. 6358 98 A. 8558 THIRTY-FIRST, TWO THOUSAND FIFTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST TWO THOUSAND SIXTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the period January first, two thousand [four- teen] SEVENTEEN through March thirty-first, two thousand [fourteen] SEVENTEEN, in the amount of one million [eight hundred seventy-five] SIX HUNDRED thousand dollars, provided, however, that for periods on and after January first, two thousand eight, such additional payments shall be distributed to voluntary, non-profit diagnostic and treatment centers and to public diagnostic and treatment centers in accordance with para- graph (g) of subdivision four of this section. In the event that federal financial participation is available for rate adjustments pursuant to this section, the commissioner shall make such payments as additional adjustments to rates of payment for voluntary non-profit diagnostic and treatment centers that are eligible for distributions under subdivision four-a of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, fifteen million dollars in the aggregate, and for the period January first, two thousand seven through June thirtieth, two thousand seven, seven million five hundred thousand dollars in the aggregate. The amounts allocated pursuant to this paragraph shall be aggregated with and distributed pursuant to the same methodology applicable to the amounts allocated to such diagnostic and treatment centers for such periods pursuant to subdivision four of this section if federal finan- cial participation is not available, or pursuant to subdivision four-a of this section if federal financial participation is available. Notwithstanding section three hundred sixty-eight-a of the social services law, there shall be no local share in a medical assistance payment adjustment under this subdivision. S 17. Subdivision 9 of section 2807-k of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: 9. In order for a general hospital to participate in the distribution of funds from the pool, the general hospital must implement minimum collection policies and procedures approved by the commissioner [and must be in compliance with bad debt and charity care reporting require- ments established pursuant to this article]. S 17-a. Paragraph (d) of subdivision 16 of section 2807-c of the public health law, as amended by chapter 731 of the laws of 1993, is amended to read as follows: (d) In order for a general hospital to participate in the distribution of funds from the pools, the general hospital must implement collection policies and procedures approved by the commissioner [and must be in compliance with bad debt and charity care reporting requirements estab- lished pursuant to this article]. S 18. Paragraph (a) of subdivision 1 of section 18 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by section 15 of part C of chapter 59 of the laws of 2011, is amended to read as follows: (a) The superintendent of insurance and the commissioner of health or their designee shall, from funds available in the hospital excess liability pool created pursuant to subdivision 5 of this section, purchase a policy or policies for excess insurance coverage, as author- ized by paragraph 1 of subsection (e) of section 5502 of the insurance law; or from an insurer, other than an insurer described in section 5502 of the insurance law, duly authorized to write such coverage and actual- S. 6358 99 A. 8558 ly writing medical malpractice insurance in this state; or shall purchase equivalent excess coverage in a form previously approved by the superintendent of insurance for purposes of providing equivalent excess coverage in accordance with section 19 of chapter 294 of the laws of 1985, for medical or dental malpractice occurrences between July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013 [and], between July 1, 2013 and June 30, 2014, AND BETWEEN JULY 1, 2014 AND JUNE 30, 2015 or reimburse the hospital where the hospital purchases equivalent excess coverage as defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this section for medical or dental malpractice occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013 [and], between July 1, 2013 and June 30, 2014, AND BETWEEN JULY 1, 2014 AND JUNE 30, 2015 for physicians or dentists certified as eligi- ble for each such period or periods pursuant to subdivision 2 of this section by a general hospital licensed pursuant to article 28 of the public health law; provided that no single insurer shall write more than fifty percent of the total excess premium for a given policy year; and provided, however, that such eligible physicians or dentists must have in force an individual policy, from an insurer licensed in this state of primary malpractice insurance coverage in amounts of no less than one million three hundred thousand dollars for each claimant and three million nine hundred thousand dollars for all claimants under that poli- cy during the period of such excess coverage for such occurrences or be endorsed as additional insureds under a hospital professional liability policy which is offered through a voluntary attending physician ("chan- neling") program previously permitted by the superintendent of insurance during the period of such excess coverage for such occurrences. During such period, such policy for excess coverage or such equivalent excess S. 6358 100 A. 8558 coverage shall, when combined with the physician's or dentist's primary malpractice insurance coverage or coverage provided through a voluntary attending physician ("channeling") program, total an aggregate level of two million three hundred thousand dollars for each claimant and six million nine hundred thousand dollars for all claimants from all such policies with respect to occurrences in each of such years provided, however, if the cost of primary malpractice insurance coverage in excess of one million dollars, but below the excess medical malpractice insur- ance coverage provided pursuant to this act, exceeds the rate of nine percent per annum, then the required level of primary malpractice insur- ance coverage in excess of one million dollars for each claimant shall be in an amount of not less than the dollar amount of such coverage available at nine percent per annum; the required level of such coverage for all claimants under that policy shall be in an amount not less than three times the dollar amount of coverage for each claimant; and excess coverage, when combined with such primary malpractice insurance cover- age, shall increase the aggregate level for each claimant by one million dollars and three million dollars for all claimants; and provided further, that, with respect to policies of primary medical malpractice coverage that include occurrences between April 1, 2002 and June 30, 2002, such requirement that coverage be in amounts no less than one million three hundred thousand dollars for each claimant and three million nine hundred thousand dollars for all claimants for such occur- rences shall be effective April 1, 2002. S 19. Subdivision 3 of section 18 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by section 16 of part C of chapter 59 of the laws of 2011, is amended to read as follows: (3)(a) The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the cost of excess malpractice insurance for medical or dental malpractice occur- rences between July 1, 1986 and June 30, 1987, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, and between July 1, 2013 and June 30, 2014, AND BETWEEN JULY 1, 2014 AND JUNE 30, 2015 allocable to each general hospital for physicians or dentists certified as eligible for purchase of a policy for excess insurance coverage by such general hospital in accordance with subdivision 2 of this section, and may amend such determination and certification as necessary. (b) The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the cost of excess malpractice insurance or equivalent excess coverage for medical S. 6358 101 A. 8558 or dental malpractice occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, [and] between July 1, 2013 and June 30, 2014, AND BETWEEN JULY 1, 2014 AND JUNE 30, 2015 allocable to each general hospi- tal for physicians or dentists certified as eligible for purchase of a policy for excess insurance coverage or equivalent excess coverage by such general hospital in accordance with subdivision 2 of this section, and may amend such determination and certification as necessary. The superintendent of insurance shall determine and certify to each general hospital and to the commissioner of health the ratable share of such cost allocable to the period July 1, 1987 to December 31, 1987, to the period January 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31, 1988, to the period January 1, 1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to the period July 1, 1990 to December 31, 1990, to the period January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December 31, 1991, to the period January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June 30, 1993, to the period July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December 31, 1994, to the period January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December 31, 1997, to the period January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December 31, 2000, to the period January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30, 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to the period July 1, 2006 and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and June 30, 2013, [and] to the period July 1, 2013 and June 30, 2014, AND TO THE PERIOD JULY 1, 2014 AND JUNE 30, 2015. S 20. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section 18 of chapter 266 of the laws of 1986, amending the civil prac- tice law and rules and other laws relating to malpractice and profes- S. 6358 102 A. 8558 sional medical conduct, as amended by section 17 of part C of chapter 59 of the laws of 2011, are amended to read as follows: (a) To the extent funds available to the hospital excess liability pool pursuant to subdivision 5 of this section as amended, and pursuant to section 6 of part J of chapter 63 of the laws of 2001, as may from time to time be amended, which amended this subdivision, are insuffi- cient to meet the costs of excess insurance coverage or equivalent excess coverage for coverage periods during the period July 1, 1992 to June 30, 1993, during the period July 1, 1993 to June 30, 1994, during the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, during the period July 1, 1997 to June 30, 1998, during the period July 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 2000, during the period July 1, 2000 to June 30, 2001, during the period July 1, 2001 to October 29, 2001, during the period April 1, 2002 to June 30, 2002, during the period July 1, 2002 to June 30, 2003, during the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, during the period July 1, 2006 to June 30, 2007, during the period July 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 2009, during the period July 1, 2009 to June 30, 2010, during the period July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 30, 2012, during the period July 1, 2012 to June 30, 2013, [and] during the period July 1, 2013 to June 30, 2014, AND DURING THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 allocated or reallocated in accordance with para- graph (a) of subdivision 4-a of this section to rates of payment appli- cable to state governmental agencies, each physician or dentist for whom a policy for excess insurance coverage or equivalent excess coverage is purchased for such period shall be responsible for payment to the provider of excess insurance coverage or equivalent excess coverage of an allocable share of such insufficiency, based on the ratio of the total cost of such coverage for such physician to the sum of the total cost of such coverage for all physicians applied to such insufficiency. (b) Each provider of excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the period July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the period July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the peri- od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the peri- od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or covering the peri- od July 1, 2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 shall notify a covered physician or dentist by mail, mailed to the address shown on the last application for excess insurance coverage or equivalent excess coverage, of the amount due to such provider from such physician or dentist for such coverage period deter- S. 6358 103 A. 8558 mined in accordance with paragraph (a) of this subdivision. Such amount shall be due from such physician or dentist to such provider of excess insurance coverage or equivalent excess coverage in a time and manner determined by the superintendent of insurance. (c) If a physician or dentist liable for payment of a portion of the costs of excess insurance coverage or equivalent excess coverage cover- ing the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the peri- od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the peri- od July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or covering the period July 1, 2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 determined in accordance with paragraph (a) of this subdivision fails, refuses or neglects to make payment to the provider of excess insurance coverage or equivalent excess coverage in such time and manner as determined by the superintendent of insurance pursuant to paragraph (b) of this subdivision, excess insurance coverage or equivalent excess coverage purchased for such physician or dentist in accordance with this section for such coverage period shall be cancelled and shall be null and void as of the first day on or after the commencement of a policy period where the liability for payment pursuant to this subdivision has not been met. (d) Each provider of excess insurance coverage or equivalent excess coverage shall notify the superintendent of insurance and the commis- sioner of health or their designee of each physician and dentist eligi- ble for purchase of a policy for excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the peri- od July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the period July 1, 1997 to June 30, 1998, or covering the peri- od July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the period July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or covering the period July 1, 2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1, S. 6358 104 A. 8558 2014 TO JUNE 30, 2015 that has made payment to such provider of excess insurance coverage or equivalent excess coverage in accordance with paragraph (b) of this subdivision and of each physician and dentist who has failed, refused or neglected to make such payment. (e) A provider of excess insurance coverage or equivalent excess coverage shall refund to the hospital excess liability pool any amount allocable to the period July 1, 1992 to June 30, 1993, and to the period July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June 30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000 to June 30, 2001, and to the period July 1, 2001 to October 29, 2001, and to the period April 1, 2002 to June 30, 2002, and to the period July 1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30, 2004, and to the period July 1, 2004 to June 30, 2005, and to the period July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June 30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012 to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, AND TO THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 received from the hospital excess liability pool for purchase of excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, and covering the period July 1, 1993 to June 30, 1994, and cover- ing the period July 1, 1994 to June 30, 1995, and covering the period July 1, 1995 to June 30, 1996, and covering the period July 1, 1996 to June 30, 1997, and covering the period July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to June 30, 1999, and covering the period July 1, 1999 to June 30, 2000, and covering the period July 1, 2000 to June 30, 2001, and covering the period July 1, 2001 to October 29, 2001, and covering the period April 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June 30, 2003, and covering the period July 1, 2003 to June 30, 2004, and covering the period July 1, 2004 to June 30, 2005, and covering the period July 1, 2005 to June 30, 2006, and covering the period July 1, 2006 to June 30, 2007, and cover- ing the period July 1, 2007 to June 30, 2008, and covering the period July 1, 2008 to June 30, 2009, and covering the period July 1, 2009 to June 30, 2010, and covering the period July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to June 30, 2012, and covering the period July 1, 2012 to June 30, 2013, and covering the period July 1, 2013 to June 30, 2014, AND COVERING THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 for a physician or dentist where such excess insurance coverage or equivalent excess coverage is cancelled in accordance with paragraph (c) of this subdivision. S 21. Section 40 of chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, as amended by section 18 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 40. The superintendent of insurance shall establish rates for poli- cies providing coverage for physicians and surgeons medical malpractice for the periods commencing July 1, 1985 and ending June 30, [2014] 2015; provided, however, that notwithstanding any other provision of law, the superintendent shall not establish or approve any increase in rates for the period commencing July 1, 2009 and ending June 30, 2010. The super- S. 6358 105 A. 8558 intendent shall direct insurers to establish segregated accounts for premiums, payments, reserves and investment income attributable to such premium periods and shall require periodic reports by the insurers regarding claims and expenses attributable to such periods to monitor whether such accounts will be sufficient to meet incurred claims and expenses. On or after July 1, 1989, the superintendent shall impose a surcharge on premiums to satisfy a projected deficiency that is attrib- utable to the premium levels established pursuant to this section for such periods; provided, however, that such annual surcharge shall not exceed eight percent of the established rate until July 1, [2014] 2015, at which time and thereafter such surcharge shall not exceed twenty-five percent of the approved adequate rate, and that such annual surcharges shall continue for such period of time as shall be sufficient to satisfy such deficiency. The superintendent shall not impose such surcharge during the period commencing July 1, 2009 and ending June 30, 2010. On and after July 1, 1989, the surcharge prescribed by this section shall be retained by insurers to the extent that they insured physicians and surgeons during the July 1, 1985 through June 30, [2014] 2015 policy periods; in the event and to the extent physicians and surgeons were insured by another insurer during such periods, all or a pro rata share of the surcharge, as the case may be, shall be remitted to such other insurer in accordance with rules and regulations to be promulgated by the superintendent. Surcharges collected from physicians and surgeons who were not insured during such policy periods shall be apportioned among all insurers in proportion to the premium written by each insurer during such policy periods; if a physician or surgeon was insured by an insurer subject to rates established by the superintendent during such policy periods, and at any time thereafter a hospital, health mainte- nance organization, employer or institution is responsible for respond- ing in damages for liability arising out of such physician's or surgeon's practice of medicine, such responsible entity shall also remit to such prior insurer the equivalent amount that would then be collected as a surcharge if the physician or surgeon had continued to remain insured by such prior insurer. In the event any insurer that provided coverage during such policy periods is in liquidation, the property/casualty insurance security fund shall receive the portion of surcharges to which the insurer in liquidation would have been entitled. The surcharges authorized herein shall be deemed to be income earned for the purposes of section 2303 of the insurance law. The superintendent, in establishing adequate rates and in determining any projected defi- ciency pursuant to the requirements of this section and the insurance law, shall give substantial weight, determined in his discretion and judgment, to the prospective anticipated effect of any regulations promulgated and laws enacted and the public benefit of stabilizing malpractice rates and minimizing rate level fluctuation during the peri- od of time necessary for the development of more reliable statistical experience as to the efficacy of such laws and regulations affecting medical, dental or podiatric malpractice enacted or promulgated in 1985, 1986, by this act and at any other time. Notwithstanding any provision of the insurance law, rates already established and to be established by the superintendent pursuant to this section are deemed adequate if such rates would be adequate when taken together with the maximum authorized annual surcharges to be imposed for a reasonable period of time whether or not any such annual surcharge has been actually imposed as of the establishment of such rates. S. 6358 106 A. 8558 S 22. Section 5 and subdivisions (a) and (e) of section 6 of part J of chapter 63 of the laws of 2001, amending chapter 20 of the laws of 2001 amending the military law and other laws relating to making appropri- ations for the support of government, as amended by section 20 of part C of chapter 59 of the laws of 2011, are amended to read as follows: S 5. The superintendent of insurance and the commissioner of health shall determine, no later than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 2013, [and] June 15, 2014, AND JUNE 15, 2015 the amount of funds available in the hospital excess liability pool, created pursuant to section 18 of chapter 266 of the laws of 1986, and whether such funds are sufficient for purposes of purchasing excess insurance coverage for eligible participating physicians and dentists during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 2014, OR JULY 1, 2014 TO JUNE 30, 2015, as applicable. (a) This section shall be effective only upon a determination, pursu- ant to section five of this act, by the superintendent of insurance and the commissioner of health, and a certification of such determination to the state director of the budget, the chair of the senate committee on finance and the chair of the assembly committee on ways and means, that the amount of funds in the hospital excess liability pool, created pursuant to section 18 of chapter 266 of the laws of 1986, is insuffi- cient for purposes of purchasing excess insurance coverage for eligible participating physicians and dentists during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 2014, OR JULY 1, 2014 TO JUNE 30, 2015, as applicable. (e) The commissioner of health shall transfer for deposit to the hospital excess liability pool created pursuant to section 18 of chapter 266 of the laws of 1986 such amounts as directed by the superintendent of insurance for the purchase of excess liability insurance coverage for eligible participating physicians and dentists for the policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, as applicable, and the cost of administering the hospital excess liability pool for such applicable policy year, pursuant to the program established in chapter 266 of the laws of 1986, as amended, no later than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 2013, [and] June 15, 2014, AND JUNE 15, 2015, as applica- ble. S 23. Notwithstanding any law, rule or regulation to the contrary, only physicians or dentists who were eligible, and for whom the super- intendent of financial services and the commissioner of health, or their designee, purchased, with funds available in the hospital excess liabil- S. 6358 107 A. 8558 ity pool, a full or partial policy for excess coverage or equivalent excess coverage for the coverage period ending the thirtieth of June, two thousand fourteen, shall be eligible to apply for such coverage for the coverage period beginning the first of July, two thousand fourteen; provided, however, if the total number of physicians or dentists for whom such excess coverage or equivalent excess coverage was purchased for the policy year ending the thirtieth of June, two thousand fourteen exceeds the total number of physicians or dentists certified as eligible for the coverage period beginning the first of July, two thousand four- teen, then the general hospitals may certify additional eligible physi- cians or dentists in a number equal to such general hospital's propor- tional share of the total number of physicians or dentists for whom excess coverage or equivalent excess coverage was purchased with funds available in the hospital excess liability pool as of the thirtieth of June, two thousand fourteen, as applied to the difference between the number of eligible physicians or dentists for whom a policy for excess coverage or equivalent excess coverage was purchased for the coverage period ending the thirtieth of June, two thousand fourteen and the number of such eligible physicians or dentists who have applied for excess coverage or equivalent excess coverage for the coverage period beginning the first of July, two thousand fourteen. S 24. Notwithstanding any inconsistent provision of law, rule or regu- lation, for purposes of implementing the provisions of the public health law and the social services law, references to titles XIX and XXI of the federal social security act in the public health law and the social services law shall be deemed to include and also to mean any successor titles thereto under the federal social security act. S 25. Notwithstanding any inconsistent provision of law, rule or regu- lation, the effectiveness of the provisions of sections 2807 and 3614 of the public health law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR 505.14(h), as they relate to time frames for notice, approval or certification of rates of payment, are hereby suspended and without force or effect for purposes of implementing the provisions of this act. S 26. 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 judgment 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 27. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014, provided that: (a) any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions necessary for such implementation may be adopted and issued on or after the date this act shall have become a law; (b) this act shall not be construed to alter, change, affect, impair or defeat any right, obligations, duties or interests accrued, incurred or conferred prior to the effective date of this act; (c) the commissioner of health and the superintendent of financial services and any appropriate council may take any steps necessary to implement this act prior to its effective date; S. 6358 108 A. 8558 (d) notwithstanding any inconsistent provision of the state adminis- trative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of financial services and any appropriate council is authorized to adopt or amend or promul- gate on an emergency basis any regulation he or she or such council determines necessary to implement any provision of this act on its effective date; (e) the provisions of this act shall become effective notwithstanding the failure of the commissioner of health or the superintendent of financial services or any council to adopt or amend or promulgate regu- lations implementing this act; (f) the amendments to sections 2807-s and 2807-j of the public health law made by sections three, four and five, respectively, of this act shall not affect the expiration of such sections and shall expire there- with; (g) the amendments to paragraph (i-l) of subdivision 1 of section 2807-v of the public health law made by section eight of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith; and (h) the amendments to subdivision 6 of section 2807-t of the public health law made by section fifteen of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART C Section 1. Subdivision 25 of section 364-j of the social services law, as added by section 55 of part D of chapter 56 of the laws of 2012, is amended to read as follows: 25. Effective January first, two thousand thirteen, notwithstanding any provision of law to the contrary, managed care providers shall cover medically necessary prescription drugs in the atypical antipsychotic therapeutic class, including non-formulary drugs, upon demonstration by the prescriber, after consulting with the managed care provider, that such drugs, in the prescriber's reasonable professional judgment, are medically necessary and warranted, EXCEPT THAT THIS SUBDIVISION SHALL NOT APPLY TO ANY BRAND NAME DRUG FOR WHICH A MULTI-SOURCE THERAPEUTICAL- LY AND GENERICALLY EQUIVALENT DRUG, AS DETERMINED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, IS AVAILABLE. S 2. Subdivision 25-a of section 364-j of the social services law, as added by section 13 of part A of chapter 56 of the laws of 2013, is amended to read as follows: 25-a. Effective July first, two thousand thirteen, notwithstanding any provision of law to the contrary, managed care providers shall cover medically necessary prescription drugs in the anti-depressant, anti-re- troviral, anti-rejection, seizure, epilepsy, endocrine, hematologic and immunologic therapeutic classes, including non-formulary drugs, upon demonstration by the prescriber, after consulting with the managed care provider, that such drugs, in the prescriber's reasonable professional judgment, are medically necessary and warranted, EXCEPT THAT THIS SUBDI- VISION SHALL NOT APPLY TO ANY BRAND NAME DRUG FOR WHICH A MULTI-SOURCE THERAPEUTICALLY AND GENERICALLY EQUIVALENT DRUG, AS DETERMINED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, IS AVAILABLE. S 3. Paragraph (b) of subdivision 3 of section 273 of the public health law, as added by section 10 of part C of chapter 58 of the laws of 2005, is amended to read as follows: S. 6358 109 A. 8558 (b) In the event that the patient does not meet the criteria in para- graph (a) of this subdivision, the prescriber may provide additional information to the program to justify the use of a prescription drug that is not on the preferred drug list. The program shall provide a reasonable opportunity for a prescriber to reasonably present his or her justification of prior authorization. If, after consultation with the program, the prescriber, in his or her reasonable professional judgment, determines that the use of a prescription drug that is not on the preferred drug list is warranted, the prescriber's determination shall be final EXCEPT THAT, WITH RESPECT TO ANY BRAND NAME DRUG FOR WHICH A MULTI-SOURCE THERAPEUTICALLY AND GENERICALLY EQUIVALENT DRUG, AS DETER- MINED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION, IS AVAILABLE, THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION AND THE JUSTIFICATION PRESENTED TO DETERMINE WHETHER THE USE OF SUCH BRAND NAME DRUG THAT IS NOT ON THE PREFERRED DRUG LIST IS WARRANTED. S 4. Section 274 of the public health law is amended by adding a new subdivision 15 to read as follows: 15. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE COMMISSIONER MAY REQUIRE PRIOR AUTHORIZATION FOR ANY DRUG AFTER EVALUAT- ING THE FACTORS SET FORTH IN SUBDIVISION THREE OF THIS SECTION AND PRIOR TO OBTAINING THE BOARD'S EVALUATION AND RECOMMENDATION REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. THE BOARD MAY RECOMMEND TO THE COMMIS- SIONER, PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THAT ANY SUCH PRIOR AUTHORIZATION REQUIREMENT BE MODIFIED, CONTINUED OR REMOVED. S 5. Paragraph (g-1) of subdivision 2 of section 365-a of the social services law, as amended by section 23 of part H of chapter 59 of the laws of 2011, is amended to read as follows: (g-1) drugs provided on an in-patient basis, those drugs contained on the list established by regulation of the commissioner of health pursu- ant to subdivision four of this section, and those drugs which may not be dispensed without a prescription as required by section sixty-eight hundred ten of the education law and which the commissioner of health shall determine to be reimbursable based upon such factors as the avail- ability of such drugs or alternatives at low cost if purchased by a medicaid recipient, or the essential nature of such drugs as described by such commissioner in regulations, provided, however, that such drugs, exclusive of long-term maintenance drugs, shall be dispensed in quanti- ties no greater than a thirty day supply or one hundred doses, whichever is greater; provided further that the commissioner of health is author- ized to require prior authorization for any refill of a prescription when [less than seventy-five percent of the previously dispensed amount per fill should have been used] MORE THAN A SIX DAY SUPPLY OF THE PREVI- OUSLY DISPENSED AMOUNT SHOULD REMAIN were the product used as normally indicated; provided further that the commissioner of health is author- ized to require prior authorization of prescriptions of opioid analges- ics in excess of four prescriptions in a thirty-day period in accordance with section two hundred seventy-three of the public health law; medical assistance shall not include any drug provided on other than an in-pa- tient basis for which a recipient is charged or a claim is made in the case of a prescription drug, in excess of the maximum reimbursable amounts to be established by department regulations in accordance with standards established by the secretary of the United States department of health and human services, or, in the case of a drug not requiring a prescription, in excess of the maximum reimbursable amount established by the commissioner of health pursuant to paragraph (a) of subdivision four of this section; S. 6358 110 A. 8558 S 6. Paragraph (i) of subdivision 9 of section 367-a of the social services law is REPEALED. S 7. Subdivision 11 of section 272 of the public health law is amended by adding a new paragraph (a-1) to read as follows: (A-1) THE COMMISSIONER MAY REQUIRE A PHARMACEUTICAL MANUFACTURER TO PROVIDE A MINIMUM SUPPLEMENTAL REBATE FOR DRUGS THAT ARE ELIGIBLE FOR STATE PUBLIC HEALTH PLAN REIMBURSEMENT, INCLUDING SUCH DRUGS AS SET FORTH IN PARAGRAPH (G-1) OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW. IF SUCH A MINIMUM SUPPLEMENTAL REBATE IS NOT PROVIDED BY THE MANUFACTURER, PRIOR AUTHORIZATION MAY BE REQUIRED BY THE COMMISSIONER. S 8. Subdivision 4 of section 365-a of the social services law is amended by adding a new paragraph (a-3) to read as follows: (A-3) DRUGS THAT MAY NOT BE DISPENSED WITHOUT A PRESCRIPTION THAT ARE PRESCRIBED FOR ANY INDICATION OTHER THAN A MEDICALLY ACCEPTED INDI- CATION, AS DEFINED BY FEDERAL LAW. THE COMMISSIONER OF HEALTH, A MANAGED CARE PROVIDER OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR BOTH, MAY REQUIRE PRIOR AUTHORIZATION FOR ANY COVERED OUTPATIENT DRUG TO DETERMINE WHETHER SUCH DRUG HAS BEEN PRESCRIBED FOR A MEDICALLY ACCEPTED INDICATION AS DEFINED BY FEDERAL LAW, AND MAY DENY PRIOR AUTHORIZATION IF, AFTER GIVING THE PRESCRIBER A REASONABLE OPPOR- TUNITY TO PRESENT A JUSTIFICATION, IT IS DETERMINED THAT THE DRUG HAS BEEN PRESCRIBED FOR OTHER THAN A MEDICALLY ACCEPTED INDICATION, AS DEFINED BY FEDERAL LAW; S 9. Subparagraph (iii) of paragraph (c) of subdivision 6 of section 367-a of the social services law, as amended by section 47 of part C of chapter 58 of the laws of 2009, is amended to read as follows: (iii) Notwithstanding any other provision of this paragraph, co- payments charged for each generic prescription drug dispensed shall be one dollar and for each brand name prescription drug dispensed shall be three dollars; provided, however, that the co-payments charged for each brand name prescription drug on the preferred drug list established pursuant to section two hundred seventy-two of the public health law OR, FOR MANAGED CARE PROVIDERS OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, FOR EACH BRAND NAME PRESCRIPTION DRUG ON A MANAGED CARE PROVIDER'S FORMULARY THAT SUCH PROVIDER HAS DESIGNATED AS A PREFERRED DRUG, and the co-payments charged for each brand name prescription drug reimbursed pursuant to subparagraph (ii) of paragraph (a-1) of subdivision four of section three hundred sixty-five-a of this title shall be one dollar. S 10. Notwithstanding any inconsistent provision of law to the contra- ry, funds shall be made available to the commissioner of the office of mental health or the commissioner of the office of alcoholism and substance abuse services, in consultation with the commissioner of health and approved by the director of the budget, and consistent with appropriations made therefor, to implement allocation plans developed by such commissioners which shall describe mental health or substance use disorder services that are designed to meet service needs resulting from the reduction of inpatient behavioral health services provided under the Medicaid program by programs licensed pursuant to article 31 or 32 of the mental hygiene law. Such programs may include programs that are licensed pursuant to both article 31 of the mental hygiene law and arti- cle 28 of the public health law, or certified under both article 32 of the mental hygiene law and article 28 of the public health law. S 11. Section 365-m of the social services law is amended by adding a new subdivision 5 to read as follows: S. 6358 111 A. 8558 5. THE DEPARTMENT OF HEALTH IS AUTHORIZED TO REINVEST FUNDS ALLOCATED FOR BEHAVIORAL HEALTH SERVICES, WHICH ARE GENERAL FUND SAVINGS DIRECTLY RELATED TO SAVINGS REALIZED THROUGH THE TRANSITION OF POPULATIONS COVERED BY THIS SECTION FROM THE APPLICABLE MEDICAID FEE-FOR-SERVICE SYSTEM TO A MANAGED CARE MODEL, FOR THE PURPOSE OF INCREASING INVESTMENT IN COMMUNITY BASED BEHAVIORAL HEALTH SERVICES, INCLUDING RESIDENTIAL SERVICES CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. SUCH PROGRAM SHALL BE KNOWN AS THE "COMMUNITY BASED BEHAV- IORAL HEALTH SERVICES REINVESTMENT PROGRAM". THE AMOUNT OF COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT FUNDS FOR THE DEPARTMENT SHALL BE SUBJECT TO ANNUAL APPROPRIATION. THE METHODOLOGIES USED TO CALCULATE THE SAVINGS SHALL BE DEVELOPED BY THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. IN NO EVENT SHALL THE FULL ANNUAL VALUE OF THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT PROGRAM SAVINGS ATTRIBUT- ABLE TO THE TRANSITION TO MANAGED CARE EXCEED THE TWELVE MONTH VALUE OF THE DEPARTMENT OF HEALTH GENERAL FUND REDUCTIONS RESULTING FROM SUCH TRANSITION. WITHIN ANY FISCAL YEAR WHERE APPROPRIATION INCREASES ARE RECOMMENDED FOR THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVEST- MENT PROGRAM, INSOFAR AS MANAGED CARE TRANSITION SAVINGS DO NOT OCCUR AS ESTIMATED, AND GENERAL FUND SAVINGS DO NOT RESULT, THEN SPENDING FOR THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT PROGRAM MAY BE REDUCED IN THE NEXT YEAR'S ANNUAL BUDGET ITEMIZATION. THE COMMISSIONER OF HEALTH SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS TO EFFECTUATE THIS SUBDIVISION. S 12. Notwithstanding any law, rule, or regulation to the contrary, the commissioner of the department of health, in consultation with the commissioner of the office of mental health, is authorized to establish an evidenced-based, collaborative care clinical delivery model in clin- ics licensed under article 28 of the public health law, for the purpose of improving the detection of depression and other diagnosed mental or substance use disorders and the treatment of individuals with such conditions in an integrated manner. Such commissioners shall be author- ized to develop criteria for the designation of clinics to be providers of collaborative care services. At a minimum, such designated clinics shall provide screening for depression, medical diagnosis of patients who screen positive, evidence-based depression care, ongoing tracking of patient progress, care management, and a designated psychiatric practi- tioner who consults with the care manager and primary care physician. The rates of payment and billing rules for this service will be devel- oped by the commissioner of the department of health, in consultation with the commissioner of the office of mental health, and with the approval of the director of the budget. Such commissioners are author- ized to waive any regulatory requirements as may be necessary to allow this service to function in a rational, effective and efficient manner. S 12-a. Paragraph (c) of subdivision 2 of section 365-a of the social services law, as amended by section 24 of Part A of chapter 56 of the laws of 2013, is amended to read as follows: (c) out-patient hospital or clinic services in facilities operated in compliance with applicable provisions of this chapter, the public health law, the mental hygiene law and other laws, including any provisions thereof requiring an operating certificate or license, including facili- ties authorized by the appropriate licensing authority to provide inte- grated mental health services, and/or alcoholism and substance abuse services, and/or physical health services, and/or services to persons S. 6358 112 A. 8558 with developmental disabilities, when such services are provided at a single location or service site, or where such facilities are not conveniently accessible, in any hospital located without the state and care and services in a day treatment program operated by the department of mental hygiene or by a voluntary agency under an agreement with such department in that part of a public institution operated and approved pursuant to law as an intermediate care facility for persons with devel- opmental disabilities; AND PROVIDED, THAT THE COMMISSIONERS OF HEALTH, MENTAL HEALTH, ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL HAVE THE AUTHORITY TO ISSUE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS OF THIS PARAGRAPH; S 13. Section 48-a of part A of chapter 56 of the laws of 2013 amend- ing chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, is amended to read as follows: S 48-a. Notwithstanding any contrary provision of law, the [commis- sioner] COMMISSIONERS OF THE OFFICE of alcoholism and substance abuse services [is] AND OFFICE OF MENTAL HEALTH ARE authorized, subject to the approval of the director of the budget, to transfer to the commissioner of health state funds to be utilized as the state share for the purpose of increasing payments under the medicaid program to managed care organ- izations licensed under article 44 of the public health law or under article 43 of the insurance law. Such managed care organizations shall utilize such funds for the purpose of reimbursing [hospital-based and free-standing chemical dependence outpatient and opioid treatment clin- ics] PROVIDERS licensed pursuant to article 28 of the public health law or article 31 OR 32 of the mental hygiene law for [chemical dependency] AMBULATORY BEHAVIORAL HEALTH services, as determined by the commissioner of health, in consultation with the commissioner of alcoholism and substance abuse services AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, provided to medicaid eligible outpatients. Such reimbursement shall be in the form of fees for such services which are equivalent to the payments established for such services under the ambulatory patient group (APG) rate-setting methodology as utilized by the department of health [or by], the office of alcoholism and substance abuse services, OR THE OFFICE OF MENTAL HEALTH for rate-setting purposes; provided, however, that the increase to such fees that shall result from the provisions of this section shall not, in the aggregate and as determined by the commissioner of health, in consultation with the commissioner of alcoholism and substance abuse services AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, be greater than the increased funds made avail- able pursuant to this section. THE INCREASE OF SUCH AMBULATORY BEHAV- IORAL HEALTH FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THE AMENDMENTS MADE TO THIS SECTION BY THIS CHAPTER OF THE LAWS OF 2014 THROUGH DECEMBER 31, 2016 FOR PATIENTS IN THE CITY OF NEW YORK, FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THE AMENDMENTS MADE TO THIS SECTION BY THIS CHAPTER OF THE LAWS OF 2014 THROUGH JUNE 30, 2017 FOR PATIENTS OUTSIDE THE CITY OF NEW YORK, AND FOR ALL RATE PERIODS ON AND AFTER THE EFFEC- TIVE DATE OF THE AMENDMENTS MADE TO THIS SECTION BY THIS CHAPTER OF THE LAWS OF 2014 THROUGH DECEMBER 31, 2017 FOR ALL SERVICES PROVIDED TO PERSONS UNDER THE AGE OF TWENTY-ONE; PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES AND METH- ODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE, SUBJECT TO THE S. 6358 113 A. 8558 APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH ALTERNATIVE RATES SHALL BE APPROVED. The commissioner of health may, in consultation with the commissioner of alcoholism and substance abuse services AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, promulgate regulations, including emergency regulations, as are necessary to implement the provisions of this section. S 14. Subdivision 8 of section 84 of part A of chapter 56 of the laws of 2013, amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, is amended to read as follows: 8. section forty-eight-a of this act shall expire and be deemed repealed [March 31, 2016] JANUARY 1, 2018; S 15. Section 1 of part H of chapter 111 of the laws of 2010 relating to increasing Medicaid payments to providers through managed care organ- izations and providing equivalent fees through an ambulatory patient group methodology, is amended to read as follows: Section 1. Notwithstanding any contrary provision of law, the [commissioner] COMMISSIONERS of mental health [is] AND ALCOHOLISM AND SUBSTANCE ABUSE SERVICES ARE authorized, subject to the approval of the director of the budget, to transfer to the commissioner of health state funds to be utilized as the state share for the purpose of increasing payments under the medicaid program to managed care organizations licensed under article 44 of the public health law or under article 43 of the insurance law. Such managed care organizations shall utilize such funds for the purpose of reimbursing [hospital-based and free-standing clinics] PROVIDERS licensed pursuant to article 28 of the public health law, OR pursuant to article 31 OR ARTICLE 32 of the mental hygiene law [or pursuant to both such provisions of law for outpatient mental health services] FOR AMBULATORY BEHAVIORAL HEALTH SERVICES, as determined by the commissioner of health in consultation with the commissioner of mental health AND COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, provided to medicaid eligible outpatients. Such reimbursement shall be in the form of fees for such services which are equivalent to the payments established for such services under the ambulatory patient group (APG) rate-setting methodology as utilized by the department of health or by the office of mental health OR OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES for rate-setting purposes; provided, however, that the increase to such fees that shall result from the provisions of this section shall not, in the aggregate and as determined by the commissioner of health in consultation with the [commissioner] COMMIS- SIONERS of mental health AND ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, be greater than the increased funds made available pursuant to this section. THE INCREASE OF SUCH BEHAVIORAL HEALTH FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN FOR PATIENTS IN THE CITY OF NEW YORK, FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION THROUGH JUNE THIRTIETH, TWO THOUSAND SEVENTEEN FOR PATIENTS OUTSIDE THE CITY OF NEW YORK, AND FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR ALL SERVICES PROVIDED TO PERSONS UNDER THE AGE OF TWENTY-ONE; PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED, S. 6358 114 A. 8558 SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH ALTERNATIVE RATES SHALL BE APPROVED. The commissioner of health may, in consultation with the [commissioner] COMMISSIONERS of mental health AND ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, promulgate regulations, includ- ing emergency regulations, as are necessary to implement the provisions of this section. S 16. Section 2 of part H of chapter 111 of the laws of 2010, relating to increasing Medicaid payments to providers through managed care organ- izations and providing equivalent fees through an ambulatory patient group methodology, as amended by section 49 of part A of chapter 56 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2010, and shall expire on [March 31, 2016] JANUARY 1, 2018. S 17. Notwithstanding sections 112 and 163 of the state finance law and any other inconsistent provision of law and subject to the avail- ability of federal financial participation, the commissioner of health is authorized, within amounts appropriated, to distribute funds to local governmental units, as defined in section 41.03 of the mental hygiene law, to Medicaid managed care plans certified by the department of health, health homes designated by such department, and individual behavioral health providers and consortiums of such providers licensed or certified by the office of mental health or the office of alcoholism and substance abuse services to prepare for the transition of adult and children's behavioral health providers and services into managed care. The use of such funds may include, but not be limited to, infrastructure and organizational modifications and investments in health information technology and training and technical assistance. Such funds shall be distributed pursuant to a plan to be developed by the commissioner of health, in consultation with the commissioners of the office of mental health and the office of alcoholism and substance abuse services. In developing such plan, such commissioners may take into account the size and scope of a grantee's operations as a factor relevant to eligibility for, and the amount of, such funds. The commissioner of health is authorized to audit recipients of funds under this section to ensure compliance and to recoup any funds determined to have been used for purposes other than as described herein or otherwise approved by such commissioners. S 18. Paragraph (a) of subdivision 3 of section 366 of the social services law is REPEALED and a new paragraph (a) is added to read as follows: (A) MEDICAL ASSISTANCE SHALL BE FURNISHED WITHOUT CONSIDERATION OF THE INCOME AND RESOURCES OF AN APPLICANT'S LEGALLY RESPONSIBLE RELATIVE IF THE APPLICANT'S ELIGIBILITY WOULD NORMALLY BE DETERMINED BY COMPARING THE AMOUNT OF AVAILABLE INCOME AND/OR RESOURCES OF THE APPLICANT, INCLUDING AMOUNTS DEEMED AVAILABLE TO THE APPLICANT FROM LEGALLY RESPON- SIBLE RELATIVES, TO AN APPLICABLE ELIGIBILITY STANDARD, AND: (1) (I) THE LEGALLY RESPONSIBLE RELATIVE IS A COMMUNITY SPOUSE, AS DEFINED IN SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE; (II) SUCH RELATIVE IS REFUSING TO MAKE HIS OR HER INCOME AND/OR RESOURCES AVAILABLE TO MEET THE COST OF NECESSARY MEDICAL CARE, SERVICES, AND SUPPLIES; AND (III) THE APPLICANT EXECUTES AN ASSIGNMENT OF SUPPORT FROM THE COMMU- NITY SPOUSE IN FAVOR OF THE SOCIAL SERVICES DISTRICT AND THE DEPARTMENT, S. 6358 115 A. 8558 UNLESS THE APPLICANT IS UNABLE TO EXECUTE SUCH ASSIGNMENT DUE TO PHYS- ICAL OR MENTAL IMPAIRMENT OR TO DENY ASSISTANCE WOULD CREATE AN UNDUE HARDSHIP, AS DEFINED BY THE COMMISSIONER; OR (2) THE LEGALLY RESPONSIBLE RELATIVE IS ABSENT FROM THE APPLICANT'S HOUSEHOLD, AND FAILS OR REFUSES TO MAKE HIS OR HER INCOME AND/OR RESOURCES AVAILABLE TO MEET THE COST OF NECESSARY MEDICAL CARE, SERVICES, AND SUPPLIES. IN SUCH CASES, HOWEVER, THE FURNISHING OF SUCH ASSISTANCE SHALL CREATE AN IMPLIED CONTRACT WITH SUCH RELATIVE, AND THE COST THEREOF MAY BE RECOVERED FROM SUCH RELATIVE IN ACCORDANCE WITH TITLE SIX OF ARTICLE THREE OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF LAW. S 19. Paragraph (i) of subdivision 38 of section 2 of the social services law, as added by section 63 of part H of chapter 59 of the laws of 2011, is amended to read as follows: (i) "Participating provider" means a certified home health agency, long term home health agency or personal care provider with total medi- caid reimbursements, INCLUDING REIMBURSEMENTS THROUGH THE MANAGED CARE PROGRAM ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS CHAPTER, exceeding fifteen million dollars per calendar year. S 20. The opening paragraph of section 363-e of the social services law, as added by section 64 of part H of chapter 59 of the laws of 2011, is amended to read as follows: THE DEPARTMENT OF HEALTH AND THE OFFICE OF THE MEDICAID INSPECTOR GENERAL SHALL JOINTLY DEVELOP REQUIREMENTS FOR PRECLAIM REVIEW. Every service or item within a claim OR ENCOUNTER submitted by a participating provider shall be reviewed and verified by a verification organization prior to submission of a claim OR ENCOUNTER to the department of health OR TO A MANAGED CARE PROVIDER AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE. The verifica- tion organization shall declare each service or item to be verified or unverified. Each participating provider shall receive and maintain reports from the verification organization which shall contain data on: S 21. The opening paragraph of subdivision 1 of section 20-c of the social services law, as added by section 151 of part B of chapter 436 of the laws of 1997, is amended to read as follows: (A) Except as otherwise specified in the appropriation for system support and information services program in the office of temporary disability assistance within the department of family assistance, OR AS AUTHORIZED BY SUBDIVISION TWO OF SECTION TWENTY-TWO OF THIS ARTICLE, the department shall not enter into any contract with a private entity under which that entity would perform any of the public assistance and care eligibility determination functions, duties or obligations of the department as set forth in this chapter. S 22. Subdivision 2 of section 22 of the social services law, as added by chapter 473 of the laws of 1978, is amended to read as follows: 2. In connection with any appeal pursuant to this section, with or without a fair hearing, the commissioner may designate and authorize one or more appropriate members of his OR HER staff to consider and decide such appeals. Any staff member so designated and authorized shall have authority to decide such appeals on behalf of the commissioner with the same force and effect as if the commissioner had made the decisions. Fair hearings held in connection with such appeals shall be held on behalf of the commissioner by [members of his staff] INDIVIDUALS who are employed OR CONTRACTED for such purposes or who have been designated and authorized by him OR HER therefor. The provisions of this subdivision shall apply to fair hearings conducted pursuant to subdivision eight of S. 6358 116 A. 8558 section four hundred twenty-two of this chapter, and to any hearing required pursuant to this chapter concerning the denial, suspension or revocation of any permit, certificate or license, and to any hearing held pursuant to section four hundred fifty-five of this chapter. S 23. Subdivision 2-c of section 2808 of the public health law is amended by adding a new paragraph (e) to read as follows: (E) WITH THE EXCEPTION OF THOSE ENROLLEES COVERED UNDER A PAYMENT RATE METHODOLOGY AGREEMENT NEGOTIATED WITH A RESIDENTIAL HEALTH CARE FACILI- TY, PAYMENTS FOR INPATIENT RESIDENTIAL HEALTH CARE FACILITY SERVICES PROVIDED TO PATIENTS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW MADE BY ORGANIZATIONS OPERATING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY-FOUR OF THIS CHAPTER OR BY HEALTH MAINTENANCE ORGANIZATIONS ORGANIZED AND OPER- ATING IN ACCORDANCE WITH ARTICLE FORTY-THREE OF THE INSURANCE LAW, SHALL BE THE RATES OF PAYMENT THAT WOULD BE PAID FOR SUCH PATIENTS UNDER THE MEDICAL ASSISTANCE PROGRAM AS DETERMINED PURSUANT TO THIS SUBDIVISION AND AS IN EFFECT AT THE TIME SUCH SERVICES WERE PROVIDED. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PAYMENTS FOR PATIENTS WHOSE PLACE- MENT IN A RESIDENTIAL HEALTH CARE FACILITY IS FOR THE PURPOSE OF RECEIV- ING TIME-LIMITED REHABILITATION SERVICES, TO BE FOLLOWED BY DISCHARGE FROM THE FACILITY. S 24. Subdivision 2-c of section 2808 of the public health law is amended by adding a new paragraph (f) to read as follows: (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, ADJUSTMENTS TO MEDICAID RATES OF PAYMENT BASED ON CHANGES TO A FACILITY'S CASE MIX INDEX SHALL NOT REFLECT ANY CHANGE IN SUCH CASE MIX INDEX IN EXCESS OF TWO PERCENT FOR ANY SIX MONTH PERIOD PRIOR TO PERIODS BEGINNING JANUARY FIRST, TWO THOU- SAND SIXTEEN, OR SUCH EARLIER DATE AS THE COMMISSIONER MAY DETERMINE. S 25. Section 3605 of the public health law is amended by adding a new subdivision 14 to read as follows: 14. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER IS AUTHORIZED TO MAKE TEMPORARY PERIODIC LUMP-SUM MEDICAID PAYMENTS TO LICENSED HOME CARE SERVICE AGENCIES ("LHCSA") PRINCIPALLY ENGAGED IN PROVIDING HOME HEALTH SERVICES TO MEDICAID PATIENTS, IN ACCORDANCE WITH THE FOLLOWING: (A) ELIGIBLE LHCSA PROVIDERS SHALL INCLUDE: (I) PROVIDERS UNDERGOING CLOSURE; (II) PROVIDERS IMPACTED BY THE CLOSURE OF OTHER HEALTH CARE PROVIDERS; (III) PROVIDERS SUBJECT TO MERGERS, ACQUISITIONS, CONSOLIDATIONS OR RESTRUCTURING; (IV) PROVIDERS IMPACTED BY THE MERGER, ACQUISITION, CONSOLIDATION OR RESTRUCTURING OF OTHER HEALTH CARE PROVIDERS; OR (V) PROVIDERS SEEKING TO ENSURE THAT ACCESS TO CARE IS MAINTAINED. (B) PROVIDERS SEEKING MEDICAID PAYMENTS UNDER THIS SUBDIVISION SHALL DEMONSTRATE THROUGH SUBMISSION OF A WRITTEN PROPOSAL TO THE COMMISSIONER THAT THE ADDITIONAL RESOURCES PROVIDED BY SUCH MEDICAID PAYMENTS WILL ACHIEVE ONE OR MORE OF THE FOLLOWING: (I) PROTECT OR ENHANCE ACCESS TO CARE; (II) PROTECT OR ENHANCE QUALITY OF CARE; (III) IMPROVE THE COST EFFECTIVENESS OF THE DELIVERY OF HEALTH CARE SERVICES; OR (IV) OTHERWISE PROTECT OR ENHANCE THE HEALTH CARE DELIVERY SYSTEM, AS DETERMINED BY THE COMMISSIONER. S. 6358 117 A. 8558 (C) (I) SUCH WRITTEN PROPOSAL SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST SIXTY DAYS PRIOR TO THE REQUESTED COMMENCEMENT OF SUCH MEDICAID PAYMENTS AND SHALL INCLUDE A PROPOSED BUDGET TO ACHIEVE THE GOALS OF THE PROPOSAL. ANY MEDICAID PAYMENTS ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE MADE OVER A SPECIFIED PERIOD OF TIME, AS DETERMINED BY THE COMMISSIONER, OF UP TO THREE YEARS. AT THE END OF THE SPECIFIED TIME- FRAME SUCH PAYMENTS SHALL CEASE. THE COMMISSIONER MAY ESTABLISH, AS A CONDITION OF RECEIVING SUCH MEDICAID PAYMENTS, BENCHMARKS AND GOALS TO BE ACHIEVED IN CONFORMITY WITH THE PROVIDER'S WRITTEN PROPOSAL AS APPROVED BY THE COMMISSIONER AND MAY ALSO REQUIRE THAT THE PROVIDER SUBMIT SUCH PERIODIC REPORTS CONCERNING THE ACHIEVEMENT OF SUCH BENCH- MARKS AND GOALS AS THE COMMISSIONER DEEMS NECESSARY. FAILURE TO ACHIEVE SATISFACTORY PROGRESS, AS DETERMINED BY THE COMMISSIONER, IN ACCOMPLISH- ING SUCH BENCHMARKS AND GOALS SHALL BE A BASIS FOR ENDING THE PROVIDER'S MEDICAID PAYMENTS PRIOR TO THE END OF THE SPECIFIED TIMEFRAME. (II) THE COMMISSIONER MAY REQUIRE THAT APPLICATIONS SUBMITTED PURSUANT TO THIS SUBDIVISION BE SUBMITTED IN RESPONSE TO AND IN ACCORDANCE WITH A REQUEST FOR APPLICATIONS OR A REQUEST FOR PROPOSALS ISSUED BY THE COMMISSIONER. S 26. Section 3614 of the public health law is amended by adding a new subdivision 14 to read as follows: 14. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND AFTER MARCH FIRST, TWO THOUSAND FOURTEEN THE COMMISSIONER SHALL ADJUST MEDICAID RATES OF PAYMENT FOR SERVICES PROVIDED BY CERTIFIED HOME HEALTH AGENCIES TO ADDRESS COST INCREASES STEMMING FROM THE WAGE INCREASES REQUIRED BY IMPLEMENTATION OF THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE. SUCH RATE ADJUSTMENTS SHALL BE BASED ON A COMPARISON, AS DETERMINED BY THE COMMISSIONER, OF THE HOURLY COMPENSATION LEVELS FOR HOME HEALTH AIDES AND PERSONAL CARE AIDES AS REFLECTED IN THE EXISTING MEDICAID RATES FOR CERTIFIED HOME HEALTH AGEN- CIES TO THE HOURLY COMPENSATION LEVELS INCURRED AS A RESULT OF COMPLYING WITH THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE. (B) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND AFTER MARCH FIRST, TWO THOUSAND FOURTEEN THE COMMISSIONER SHALL ADJUST MEDICAID RATES OF PAYMENT FOR SERVICES PROVIDED BY LONG TERM HOME HEALTH CARE PROGRAMS TO ADDRESS COST INCREASES STEMMING FROM THE WAGE INCREASES REQUIRED BY IMPLEMENTATION OF THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE. SUCH RATE ADJUSTMENTS SHALL BE BASED ON A COMPARISON, AS DETERMINED BY THE COMMISSIONER, OF THE HOURLY COMPENSATION LEVELS FOR HOME HEALTH AIDES AND PERSONAL CARE AIDES AS REFLECTED IN THE EXISTING MEDICAID RATES FOR LONG TERM HOME HEALTH CARE PROGRAMS TO THE HOURLY COMPENSATION LEVELS INCURRED AS A RESULT OF COMPLYING WITH THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS ARTICLE. S 26-a. Section 4406-c of the public health law is amended by adding a new subdivision 9 to read as follows: 9. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, CONTRACTS WITH NURSING HOMES SHALL REQUIRE THAT STANDARD RATES OF COMPENSATION BE PAID TO EMPLOYEES WHO PROVIDE INPATIENT NURSING HOME SERVICES, INCLUDING NURSES, NURSING AIDES, ORDERLIES, ATTENDANTS, THERAPISTS AND, IN ADDI- TION, TO ANY OTHER OCCUPATIONS DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF LABOR, TO PROVIDE INPATIENT NURS- ING HOME SERVICES. S. 6358 118 A. 8558 (B) SUCH STANDARD RATES OF COMPENSATION SHALL INCLUDE A BASIC HOURLY CASH RATE OF PAY AND A SUPPLEMENTAL BENEFIT RATE, WHICH MAY BE PAID OR PROVIDED; SUCH RATES SHALL BE ANNUALLY DETERMINED BY THE COMMISSIONER OF LABOR, IN CONSULTATION WITH THE COMMISSIONER, UTILIZING WAGE AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING BUT NOT LIMITED TO DATA AND DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES. (C) THE COMMISSIONER SHALL DISTRIBUTE NOTICE OF SUCH RATES TO ALL SUCH NURSING HOMES, WHICH SHALL BE DEEMED TO BE A TERM OF, AND INCLUDED AS PART OF, ALL CONTRACTS SUBJECT TO THIS SECTION. (D) A FAILURE TO COMPLY WITH THESE PROVISIONS OF THIS SUBDIVISION OR WITH REGULATIONS PROMULGATED THEREUNDER SHALL SUBJECT NON-COMPLIANT EMPLOYERS TO THE SANCTIONS AND ENFORCEMENT PROCESSES SET FORTH IN THE LABOR LAW AND REGULATIONS FOR A FAILURE TO PAY WAGES OR TO PAY OR PROVIDE SUPPLEMENTS, IN ADDITION TO ANY PENALTIES AVAILABLE UNDER THIS TITLE. (E) IN THE EVENT THE COMMISSIONER DETERMINES, IN CONSULTATION WITH THE COMMISSIONER OF LABOR, THAT A NURSING HOME IS MATERIALLY OUT OF COMPLI- ANCE WITH THE PROVISIONS OF THIS SUBDIVISION THE COMMISSIONER SHALL REQUIRE THAT SUCH NURSING HOME NOT ACCEPT NEW ADMISSIONS PENDING REMEDI- ATION OF SUCH NON-COMPLIANCE, PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY WAIVE SUCH ACTION IF THE COMMISSIONER DETERMINES THAT CONTINUED ADMISSIONS TO SUCH NURSING HOME IS REQUIRED TO MAINTAIN SUFFICIENT ACCESS TO NURSING HOMES SERVICES IN THE RELEVANT GEOGRAPHIC AREA. (F) THIS SUBDIVISION SHALL APPLY TO CONTRACTS WITH NURSING HOMES THAT ARE SUBJECT TO REVIEW BY THE DEPARTMENT UNDER THIS ARTICLE THAT ARE ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED ON OR AFTER OCTOBER FIRST, TWO THOUSAND FOURTEEN. (G) THE COMMISSIONER AND THE COMMISSIONER OF LABOR MAY EACH PROMULGATE REGULATIONS, IN CONSULTATION WITH EACH OTHER, TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVISION. S 27. Subdivisions 9 and 10 of section 3614 of the public health law are REPEALED and subdivisions 11, 12 and 13 are renumbered subdivisions 9, 10 and 11. S 28. Subdivision 35 of section 2807-c of the public health law is amended by adding a new paragraph (j) to read as follows: (J) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, WITH REGARD TO INPATIENT AND OUTPATIENT MEDICAID RATES OF PAYMENT FOR GENERAL HOSPITAL SERVICES, THE COMMISSIONER MAY MAKE SUCH ADJUSTMENTS TO SUCH RATES AND TO THE METHODOLOGY FOR COMPUTING SUCH RATES AS IS NECESSARY TO ACHIEVE NO AGGREGATE, NET GROWTH IN OVERALL MEDICAID EXPENDITURES RELATED TO THE IMPLEMENTATION OF THE INTERNATIONAL CLASSIFICATION OF DISEASES VERSION 10 (ICD-10) CODING SYSTEM ON OR ABOUT OCTOBER FIRST, TWO THOUSAND FOUR- TEEN, AS COMPARED TO SUCH AGGREGATE EXPENDITURES FROM THE PERIOD IMME- DIATELY PRIOR TO SUCH IMPLEMENTATION. S 29. Subparagraph (i) of paragraph (e-1) of subdivision 4 of section 2807-c of the public health law, as amended by section 41 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (i) For rate periods on and after April first, two thousand ten, the commissioner, in consultation with the commissioner of the office of mental health, shall promulgate regulations, and may promulgate emergen- cy regulations, establishing methodologies for determining the operating cost components of rates of payments for services described in this paragraph. Such regulations shall utilize two thousand five operating costs as submitted to the department prior to July first, two thousand nine and shall provide for methodologies establishing per diem inpatient rates that utilize case mix adjustment mechanisms. Such regulations S. 6358 119 A. 8558 shall contain criteria for adjustments based on length of stay AND MAY ALSO PROVIDE FOR PERIODIC BASE YEAR UPDATES, PROVIDED, HOWEVER, THAT THE FIRST SUCH BASE YEAR UPDATE SHALL TAKE EFFECT NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, AND PROVIDED FURTHER, HOWEVER, THAT THE COMMISSIONER MAY MAKE SUCH ADJUSTMENTS TO SUCH UTILIZATION AND TO THE METHODOLOGY FOR COMPUTING SUCH RATES AS IS NECESSARY TO ACHIEVE NO AGGREGATE, NET GROWTH IN OVERALL MEDICAID EXPENDITURES RELATED TO SUCH RATES, AS COMPARED TO SUCH AGGREGATE EXPENDITURES FROM THE PRIOR YEAR. IN DETERMINING THE UPDATED BASE YEARS TO BE UTILIZED PURSUANT TO THIS SUBPARAGRAPH, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE BASE YEARS DETERMINED IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION THIRTY-FIVE OF THIS SECTION. S 30. Subparagraph (vii) of paragraph (e-2) of subdivision 4 of section 2807-c of the public health law, as added by section 13 of part C of chapter 58 of the laws of 2009, is amended to read as follows: (vii) The commissioner may promulgate regulations, including emergency regulations, implementing the provisions of this paragraph, AND, FURTHER, SUCH REGULATIONS MAY PROVIDE FOR THE PERIODIC UPDATING OF THE BASE YEAR COSTS AND STATISTICS USED TO COMPUTE SUCH RATES, PROVIDED, HOWEVER, THAT THE FIRST SUCH BASE YEAR UPDATE SHALL TAKE EFFECT NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, AND PROVIDED FURTHER, HOWEVER, THAT THE COMMISSIONER MAY MAKE SUCH ADJUSTMENTS TO SUCH UTILIZATION AND TO THE METHODOLOGY FOR COMPUTING SUCH RATES AS IS NECESSARY TO ACHIEVE NO AGGREGATE, NET GROWTH IN OVERALL MEDICAID EXPENDITURES RELATED TO SUCH RATES, AS COMPARED TO SUCH AGGREGATE EXPENDITURES FROM THE PRIOR YEAR. IN DETERMINING THE UPDATED BASE YEARS TO BE UTILIZED PURSUANT TO THIS SUBPARAGRAPH, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE BASE YEARS DETERMINED IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION THIR- TY-FIVE OF THIS SECTION. S 31. Paragraph (l) of subdivision 4 of section 2807-c of the public health law is amended by adding a new subparagraph (v) to read as follows: (V) THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, PROVIDING FOR THE PERIODIC UPDATING OF THE BASE YEAR COSTS AND STATISTICS USED TO COMPUTE RATES OF PAYMENT PURSUANT TO THIS PARA- GRAPH, PROVIDED, HOWEVER, THAT THE FIRST SUCH BASE YEAR UPDATE SHALL TAKE EFFECT NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN, AND PROVIDED FURTHER, HOWEVER, THAT THE COMMISSIONER MAY MAKE SUCH ADJUST- MENTS TO SUCH UTILIZATION AND TO THE METHODOLOGY FOR COMPUTING SUCH RATES AS IS NECESSARY TO ACHIEVE NO AGGREGATE, NET GROWTH IN OVERALL MEDICAID EXPENDITURES RELATED TO SUCH RATES, AS COMPARED TO SUCH AGGRE- GATE EXPENDITURES FROM THE PRIOR YEAR. IN DETERMINING THE UPDATED BASE YEARS TO BE UTILIZED PURSUANT TO THIS SUBPARAGRAPH, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE BASE YEARS DETERMINED IN ACCORDANCE WITH PARAGRAPH (C) OF SUBDIVISION THIRTY-FIVE OF THIS SECTION. S 32. Paragraph (c) of subdivision 35 of section 2807-c of the public health law, as amended by section 26 of part A of chapter 56 of the laws of 2013, is amended to read as follows: (c) The base period reported costs and statistics used for rate-set- ting for operating cost components, including the weights assigned to diagnostic related groups, shall be updated no less frequently than every four years and the new base period shall be no more than four years prior to the first applicable rate period that utilizes such new base period provided, however, that the first updated base period shall begin on [January] OR AFTER APRIL first, two thousand fourteen, BUT NO LATER THAN JULY FIRST, TWO THOUSAND FOURTEEN. S. 6358 120 A. 8558 S 33. Subdivision 1 of section 92 of part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, as amended by section 3 of part A of chapter 56 of the laws of 2013, is amended to read as follows: 1. For state fiscal years 2011-12 through [2014-15] 2015-16, the director of the budget, in consultation with the commissioner of health referenced as "commissioner" for purposes of this section, shall assess on a monthly basis, as reflected in monthly reports pursuant to subdivi- sion five of this section known and projected department of health state funds medicaid expenditures by category of service and by geographic regions, as defined by the commissioner, and if the director of the budget determines that such expenditures are expected to cause medicaid disbursements for such period to exceed the projected department of health medicaid state funds disbursements in the enacted budget finan- cial plan pursuant to subdivision 3 of section 23 of the state finance law, the commissioner of health, in consultation with the director of the budget, shall develop a medicaid savings allocation plan to limit such spending to the aggregate limit level specified in the enacted budget financial plan, provided, however, such projections may be adjusted by the director of the budget to account for any changes in the New York state federal medical assistance percentage amount established pursuant to the federal social security act, changes in provider reven- ues, reductions to local social services district medical assistance administration, and beginning April 1, 2012 the operational costs of the New York state medical indemnity fund. Such projections may be adjusted by the director of the budget to account for increased or expedited department of health state funds medicaid expenditures as a result of a natural or other type of disaster, including a governmental declaration of emergency. S 34. Notwithstanding any contrary provision of law and subject to the availability of federal financial participation, for state fiscal years beginning on and after April 1, 2014, the commissioner of health, in consultation with the director of the budget, shall, prior to January first of each year, determine the extent of savings that have been achieved as a result of the application of the provisions of sections 91 and 92 of part H of chapter 59 of the laws of 2011, as amended, and shall further determine the availability of such savings for distrib- ution during the last quarter of such state fiscal year. In determining such savings the commissioner of health, in consultation with the direc- tor of the budget, may exempt the medical assistance administration program from distributions under this section. The commissioner of health, in consultation with the director of the budget, may distribute funds up to an amount equal to such available savings in accordance with an allocation plan that utilizes a methodology that distributes such funds proportionately among providers and plans in New York's Medicaid program. Such allocation plan shall utilize three years of the most recently available system-wide expenditure data reflecting both MMIS and managed care encounters. Distributions to managed care plans shall be based on the administrative outlays stemming from participation in the Medicaid program. The commissioner of health may impose minimum thresh- old amounts in determining provider eligibility for distributions pursu- ant to this section. No less than fifty percent of the amount available for distribution shall be made available for the purpose of assisting eligible providers utilizing the methodology outlined above. No greater than fifty percent of the distributions pursuant to this section shall S. 6358 121 A. 8558 be made available for the purposes of ensuring a minimum level of assistance to financially distressed and critically needed providers as identified by the commissioner. The commissioner of health is authorized to seek such federal approvals as may be required to effectuate the provisions of this section, including, but not limited to, to permit payment of such distributions as lump sums and to secure waivers from otherwise applicable federal upper payment limit restrictions on such payments. S 35. Subdivision 9 of section 365-l of the social services law, as added by section 6 of part A of chapter 56 of the laws of 2013, is amended to read as follows: 9. Any contract or contracts entered into by the commissioner of health prior to January first, two thousand thirteen pursuant to subdi- vision eight of this section may be amended or modified without the need for a competitive bid or request for proposal process, and without regard to the provisions of sections one hundred twelve and one hundred sixty-three of the state finance law, section one hundred forty-two of the economic development law, or any other provision of law, to allow the purchase of additional personnel and services, subject to available funding, for the limited purpose of assisting the department of health with implementing the Balancing Incentive Program, the Fully Integrated Duals Advantage Program, the Vital Access Provider Program, the Medicaid waiver amendment associated with the public hospital transformation, the addition of behavioral health services as a managed care plan benefit, THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PLAN, MEDICAID REDESIGN TEAM SUPPORTIVE HOUSING INITIATIVES, ACTIVITIES TO FACILITATE THE TRAN- SITION OF VULNERABLE POPULATIONS TO MANAGED CARE, AND OVERSIGHT, RATES- ETTING AND OTHER PROGRAM OPERATIONS ACTIVITIES RELATED TO MANAGED CARE PLANS, and/or any workgroups required to be established by the chapter of the laws of two thousand thirteen that added this subdivision. S 36. Subparagraph (ii) of paragraph (e) of subdivision 4 of section 364-j of the social services law, as amended by section 39 of part A of chapter 56 of the laws of 2013, is amended to read as follows: (ii) In any social services district which has implemented a mandatory managed care program pursuant to this section, the requirements of this subparagraph shall apply to the extent consistent with federal law and regulations. The department of health[,] may contract with one or more independent organizations to provide enrollment counseling and enroll- ment services, for participants required to enroll in managed care programs, for each social services district [requesting the services of an enrollment broker] WHICH HAS IMPLEMENTED A MANDATORY MANAGED CARE PROGRAM. To select such organizations, the department of health shall issue a request for proposals (RFP), shall evaluate proposals submitted in response to such RFP and, pursuant to such RFP, shall award a contract to one or more qualified and responsive organizations. Such organizations shall not be owned, operated, or controlled by any govern- mental agency, managed care provider, or medical services provider. S 37. Subparagraph (vii) of paragraph (b) of subdivision 7 of section 4403-f of the public health law, as amended by section 40-a of part D of chapter 56 of the laws of 2012, is amended to read as follows: (vii) Managed long term care provided and plans certified or other care coordination model established pursuant to this paragraph shall comply with the provisions of paragraphs (d), (i), (t), and (u) and subparagraph (iii) of paragraph (a) and [subparagraph] SUBPARAGRAPHS (II) AND (iv) of paragraph (e) of subdivision four of section three hundred sixty-four-j of the social services law. S. 6358 122 A. 8558 S 38. Subdivision (a) of section 90 of part H of chapter 59 of the laws of 2011, amending the public health law and other laws, relating to general hospital inpatient reimbursement for annual rates, as amended by section 1 of part A of chapter 56 of the laws of 2013, is amended to read as follows: (a) (1) Notwithstanding any other provision of law to the contrary, for the state fiscal years beginning April 1, 2011 and ending on March 31, [2015] 2014, all Medicaid payments made for services provided on and after April 1, 2011, shall, except as hereinafter provided, be subject to a uniform two percent reduction and such reduction shall be applied, to the extent practicable, in equal amounts during the fiscal year, provided, however, that an alternative method may be considered at the discretion of the commissioner of health and the director of the budget based upon consultation with the health care industry including but not limited to, a uniform reduction in Medicaid rates of payments or other reductions provided that any method selected achieves up to $345,000,000 in Medicaid state share savings in state fiscal year 2011-12 and up to $357,000,000 annually in state fiscal years 2012-13[,] AND 2013-14 [and 2014-15] except as hereinafter provided, for services provided on and after April 1, 2011 through March 31, [2015] 2014. Any alternative meth- ods to achieve the reduction must be provided in writing and shall be filed with the senate finance committee and the assembly ways and means committee not less than thirty days before the date on which implementa- tion is expected to begin. Nothing in this section shall be deemed to prevent all or part of such alternative reduction plan from taking effect retroactively, to the extent permitted by the federal centers for medicare and medicaid services. (2) ALTERNATIVE METHODS OF COST CONTAINMENT AS AUTHORIZED AND IMPLE- MENTED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION SHALL CONTINUE TO BE APPLIED AND MAINTAINED FOR PERIODS ON AND AFTER APRIL 1, 2014, PROVIDED, HOWEVER, THAT THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, IS AUTHORIZED TO TERMINATE SUCH ALTERNATIVE METHODS UPON A FINDING THAT THEY ARE NO LONGER NECESSARY TO MAINTAIN ESSENTIAL COST SAVINGS. S 39. Subdivision (a) of section 364-jj of the social services law, as amended by section 80-a of part A of chapter 56 of the laws of 2013, is amended to read as follows: (a) There is hereby established a special advisory review panel on Medicaid managed care. The panel shall consist of [twelve] SIXTEEN members who shall be appointed as follows: [four] SIX by the governor, one of which shall serve as the chair; [three] FOUR each by the tempo- rary president of the senate and the speaker of the assembly; and one each by the minority leader of the senate and the minority leader of the assembly. At least three members of such panel shall be members of the joint advisory panel established under section 13.40 of the mental hygiene law. THE PANEL SHALL INCLUDE A CONSUMER REPRESENTATIVE FOR INDI- VIDUALS WITH BEHAVIORAL HEALTH NEEDS, A CONSUMER REPRESENTATIVE FOR INDIVIDUALS WHO ARE DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID, A REPRE- SENTATIVE OF ENTITIES THAT PROVIDE OR ARRANGE FOR THE PROVISION OF SERVICES TO INDIVIDUALS WITH BEHAVIORAL HEALTH NEEDS, AND A REPRESEN- TATIVE OF ENTITIES THAT PROVIDE OR ARRANGE FOR THE PROVISION OF SERVICES TO INDIVIDUALS WHO ARE DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID. Members shall serve without compensation but shall be reimbursed for appropriate expenses. The department shall provide technical assistance and access to data as is required for the panel to effectuate the mission and purposes established herein. S. 6358 123 A. 8558 S 40. Subdivision 6 of section 368-d of the social services law, as amended by section 37 of part D of chapter 56 of the laws of 2012, is amended to read as follows: 6. The commissioner shall evaluate the results of the study conducted pursuant to subdivision four of this section to determine, after iden- tification of actual direct and indirect costs incurred by public school districts [and state operated and state supported schools for blind and deaf students], whether it is advisable to claim federal reimbursement for expenditures under this section as certified public expenditures. In the event such claims are submitted, if federal reimbursement received for certified public expenditures on behalf of medical assistance recip- ients whose assistance and care are the responsibility of a social services district results in a decrease in the state share of annual expenditures pursuant to this section for such recipients, then to the extent that the amount of any such decrease when combined with any decrease in the state share of annual expenditures described in subdivi- sion five of section three hundred sixty-eight-e of this title exceeds one hundred fifty million dollars for the period April 1, 2011 through March 31, 2013, or exceeds one hundred million dollars in state fiscal [year 2012-13 or any fiscal year thereafter] YEARS 2013-14 AND 2014-15, the excess amount shall be transferred to such public school districts [and state operated and state supported schools for blind and deaf students] in amounts proportional to their percentage contribution to the statewide savings; AN AMOUNT EQUAL TO THIRTEEN AND FIVE HUNDREDTHS PERCENT OF ANY DECREASE IN THE STATE SHARE OF ANNUAL EXPENDITURES PURSU- ANT TO THIS SECTION FOR SUCH RECIPIENTS IN STATE FISCAL YEAR 2015-16 AND ANY FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED TO SUCH PUBLIC SCHOOL DISTRICTS IN AMOUNTS PROPORTIONAL TO THEIR PERCENTAGE CONTRIBUTION TO THE STATEWIDE SAVINGS. Any [such excess] amount transferred PURSUANT TO THIS SECTION shall not be considered a revenue received by such social services district in determining the district's actual medical assist- ance expenditures for purposes of paragraph (b) of section one of part C of chapter fifty-eight of the laws of two thousand five. S 41. Subdivision 5 of section 368-e of the social services law, as amended by section 38 of part D of chapter 56 of the laws of 2012, is amended to read as follows: 5. The commissioner shall evaluate the results of the study conducted pursuant to subdivision three of this section to determine, after iden- tification of actual direct and indirect costs incurred by counties for medical care, services, and supplies furnished to pre-school children with handicapping conditions, whether it is advisable to claim federal reimbursement for expenditures under this section as certified public expenditures. In the event such claims are submitted, if federal reimbursement received for certified public expenditures on behalf of medical assistance recipients whose assistance and care are the respon- sibility of a social services district, results in a decrease in the state share of annual expenditures pursuant to this section for such recipients, then to the extent that the amount of any such decrease when combined with any decrease in the state share of annual expenditures described in subdivision six of section three hundred sixty-eight-d of this title exceeds one hundred fifty million dollars for the period April 1, 2011 through March 31, 2013, or exceeds one hundred million dollars in state fiscal [year 2012-13 or any fiscal year thereafter] YEARS 2013-14 AND 2014-15, the excess amount shall be transferred to such counties in amounts proportional to their percentage contribution to the statewide savings; AN AMOUNT EQUAL TO THIRTEEN AND FIVE S. 6358 124 A. 8558 HUNDREDTHS PERCENT OF ANY DECREASE IN THE STATE SHARE OF ANNUAL EXPENDI- TURES PURSUANT TO THIS SECTION FOR SUCH RECIPIENTS IN STATE FISCAL YEAR 2015-16 AND ANY FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED TO SUCH COUNTIES IN AMOUNTS PROPORTIONAL TO THEIR PERCENTAGE CONTRIBUTION TO THE STATEWIDE SAVINGS. Any [such excess] amount transferred PURSUANT TO THIS SECTION shall not be considered a revenue received by such social services district in determining the district's actual medical assist- ance expenditures for purposes of paragraph (b) of section one of part C of chapter fifty-eight of the laws of two thousand five. S 42. Section 365-l of the social services law is amended by adding a new subdivision 2-b to read as follows: 2-B. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR ANY INCONSISTENT PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER OF HEALTH IS AUTHORIZED TO DISTRIBUTE FUNDS FROM A GROSS AMOUNT OF FIVE MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN HEALTH HOMES AND THE CRIMINAL JUSTICE SYSTEM. SUCH FUNDS MAY BE USED FOR THE INTEGRATION OF INFORMATION OF HEALTH HOMES WITH STATE AND LOCAL CORRECTIONAL FACILITIES, TO THE EXTENT PERMITTED BY LAW; INCLUDING, BUT NOT LIMITED TO, THE DEVELOPMENT OF A LIAISON SERVICE BETWEEN SUCH HOMES AND FACILITIES AND THE ESTABLISHMENT OF A CRIMINAL JUSTICE AND HEALTH HOME LEARNING COLLABORATIVE TO PROVIDE TRAINING AND FACILITATE BEST PRACTICES. HEALTH HOMES RECEIVING SUCH FUNDS SHALL BE REQUIRED TO DOCU- MENT AND DEMONSTRATE THE EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN. S 43. Section 365-l of the social services law is amended by adding a new subdivision 2-c to read as follows: 2-C. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, AND SUBJECT TO FEDERAL FINANCIAL PARTICIPATION, AND SUBJECT TO AMOUNTS APPROPRIATED FOR PURPOSES HEREIN, THE DEPARTMENT OF HEALTH MAY DISTRIBUTE FUNDS TO PROVIDERS UNDER THIS SECTION FOR MEMBER ENGAGEMENT, STAFF TRAINING AND RETRAINING, HEALTH INFORMATION TECHNOLOGY IMPLEMENTATION, JOINT GOVERNANCE TECHNICAL ASSISTANCE, AND OTHER SUCH PURPOSES AS THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, DETERMINES. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, SHALL APPROVE APPLICATIONS FOR SUCH FUNDS PURSUANT TO CRITERIA DEVELOPED BY THE DEPARTMENT OF HEALTH. APPLICATIONS WHICH ADDRESS IMPLE- MENTATION CHALLENGES, LEVERAGE REGIONAL PARTNERSHIPS, LINK CARE COORDI- NATION NETWORKS AND DO NOT OTHERWISE DUPLICATE FUNDS AVAILABLE THROUGH OTHER PROGRAMS MAY BE PRIORITIZED. THE COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION. S 44. The social services law is amended by adding a new section 398-b to read as follows: S 398-B. TRANSITION TO MANAGED CARE. 1. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND ANY OTHER INCONSISTENT PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER OF HEALTH IS AUTHORIZED TO DISTRIBUTE FUNDS FROM A GROSS AMOUNT OF FIVE MILLION DOLLARS TO FACILITATE THE TRANSITION OF FOSTER CARE CHILDREN PLACED WITH VOLUNTARY FOSTER CARE AGENCIES TO MANAGED CARE. THE USE OF SUCH FUNDS MAY INCLUDE PROVIDING TRAINING AND CONSULTING SERVICES TO VOLUNTARY AGENCIES TO ASSESS READINESS AND MAKE NECESSARY INFRASTRUCTURE AND ORGANIZATIONAL MODIFICATIONS, COLLECTING SERVICE UTILIZATION AND OTHER S. 6358 125 A. 8558 DATA FROM VOLUNTARY AGENCIES AND OTHER ENTITIES, AND MAKING INVESTMENTS IN HEALTH INFORMATION TECHNOLOGY, INCLUDING THE INFRASTRUCTURE NECESSARY TO ESTABLISH AND MAINTAIN ELECTRONIC HEALTH RECORDS. SUCH FUNDS SHALL BE DISTRIBUTED PURSUANT TO A FORMULA TO BE DEVELOPED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. IN DEVELOPING SUCH FORMULA THE COMMISSIONERS MAY TAKE INTO ACCOUNT SIZE AND SCOPE OF PROVIDER OPERATIONS AS A FACTOR RELEVANT TO ELIGIBILITY FOR SUCH FUNDS. EACH RECIPIENT OF SUCH FUNDS SHALL BE REQUIRED TO DOCUMENT AND DEMONSTRATE THE EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN. 2. DATA PROVIDED BY VOLUNTARY FOSTER CARE AGENCIES SHALL BE COMPLIANT WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, AND SHALL BE TRANSMITTED SECURELY USING EMEDS OR OTHER MECHANISMS TO BE DETERMINED BY THE DEPARTMENT OF HEALTH. SUCH DATA MAY BE USED BY THE DEPARTMENT OF HEALTH TO ESTABLISH RATES OF PAYMENT FOR MANAGED CARE ORGANIZATIONS FOR SERVICES PROVIDED TO CHILDREN IN FOSTER CARE. S 45. Subdivision 3 of section 365-n of the social services law, as added by section 6 of part F of chapter 56 of the Laws of 2012, is amended to read as follows: 3. Notwithstanding sections sixty-one, sixty-three, seventy, seventy- eight, seventy-nine, eighty-one and [eight-one-a] EIGHTY-ONE-A of the civil service law or any provisions to the contrary contained in any general, special, or local laws, all lawful appointees of a county performing the functions established in subdivision two of this section as of the effective date of this section OR ANY SUCH APPOINTEES WHO MEET THE OPEN COMPETITIVE QUALIFICATIONS FOR POSITIONS ESTABLISHED TO PERFORM THESE FUNCTIONS will be eligible for voluntary transfer to appropriate positions, in the department, that are classified to perform such func- tions without further examination, qualification, or probationary peri- od; and, upon such transfer, will have all the rights and privileges of the jurisdictional classification to which such positions are allocated in the classified service of the state. S 46. Section 365-n of the social services law is amended by adding a new subdivision 5-a to read as follows: 5-A. (A) THE COMMISSIONER MAY TAKE NECESSARY ACTION TO REVIEW THE ACCURACY OF DETERMINATIONS OF INITIAL AND ONGOING ELIGIBILITY UNDER THE MEDICAL ASSISTANCE PROGRAM, AND TO IDENTIFY AND ELIMINATE INAPPROPRIATE INSTANCES OF CONCURRENT OR DUPLICATE BENEFITS AND AUTHORIZATIONS. THE COMMISSIONER IS AUTHORIZED TO CONTRACT WITH ONE OR MORE ENTITIES TO ASSIST THE STATE IN IMPLEMENTING THE PROVISIONS OF THIS SUBDIVISION. (B) NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTION ONE HUNDRED FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW, OR ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A CONTRACT OR CONTRACTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, PROVIDED, HOWEVER, THAT: (I) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD OF NO LESS THAN THIRTY DAYS: (1) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO THE CONTRACT OR CONTRACTS; (2) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS; (3) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH INFORMA- TION IS FIRST POSTED ON THE WEBSITE; AND (4) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS; S. 6358 126 A. 8558 (II) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM PROSPECTIVE CONTRACTORS IN TIMELY FASHION SHALL BE REVIEWED BY THE COMMISSIONER; AND (III) THE COMMISSIONER SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT, IN HIS OR HER DISCRETION, ARE BEST SUITED TO SERVE THE PURPOSES OF THIS SECTION. S 47. Section 206 of the public health law is amended by adding a new subdivision 29 to read as follows: 29. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS- SIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES ARE AUTHORIZED TO WAIVE ANY REGULATORY REQUIREMENTS AS ARE NECESSARY TO ALLOW PROVIDERS PARTICIPAT- ING IN JOINT PROJECTS UNDER THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENTS PROGRAM TO AVOID DUPLICATION OF REQUIREMENTS AND TO ALLOW THE INTEGRATED DELIVERY OF SERVICES IN A RATIONAL AND EFFICIENT MANNER. S 48. Notwithstanding the provisions of sections 112 and 163 of the state finance law, or any other contrary provision of law, the commis- sioner of health is authorized to negotiate the extension of contract number C025673 with Mercer Health and Benefits, LLC, as currently in effect through October of 2014, through a period ending no later than December 31, 2016, without a competitive bid or request for proposal process. S 49. Section 364-j of the social services law is amended by adding a new subdivision 29 to read as follows: 29. NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOP- MENT LAW, OR ANY CONTRARY PROVISION OF LAW, IN THE EVENT THAT THE DEPARTMENT RECEIVES APPROVAL FROM THE CENTERS FOR MEDICARE AND MEDICAID SERVICES TO AMEND ITS 1115 WAIVER KNOWN AS THE PARTNERSHIP PLAN OR RECEIVES APPROVAL FOR A NEW 1115 WAIVER FOR THE PURPOSE OF REINVESTING SAVINGS RESULTING FROM THE REDESIGN OF THE MEDICAL ASSISTANCE PROGRAM, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO CONTRACTS, AND/OR TO AMEND THE TERMS OF CONTRACTS AWARDED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR THE PURPOSE OF ASSISTING THE DEPARTMENT OF HEALTH WITH IMPLEMENTING PROJECTS AUTHORIZED UNDER SUCH WAIVER APPROVAL; PROVIDED, HOWEVER, IN THE CASE OF A CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THAT: (A) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD OF NO LESS THAN THIRTY 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 PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH INFORMATION IS FIRST POSTED ON THE WEBSITE; AND (IV) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS; (B) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM PROSPECTIVE CONTRACTORS IN TIMELY FASHION SHALL BE REVIEWED BY THE COMMISSIONER OF HEALTH; AND (C) THE COMMISSIONER OF HEALTH SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT, IN HIS OR HER DISCRETION, ARE BEST SUITED TO SERVE THE PURPOSES OF THIS SECTION. S. 6358 127 A. 8558 S 50. Subdivision 1 of section 366 of the social services law is amended by adding a new paragraph (g) to read as follows: (G) COVERAGE OF CERTAIN NONCITIZENS. (1) APPLICANTS AND RECIPIENTS WHO ARE LAWFULLY ADMITTED FOR PERMANENT RESIDENCE, OR WHO ARE PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW; WHO ARE MAGI ELIGIBLE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; AND WHO WOULD BE INELIGI- BLE FOR MEDICAL ASSISTANCE COVERAGE UNDER SUBDIVISIONS ONE AND TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE SOLELY DUE TO THEIR IMMIGRATION STATUS IF THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAPTER WERE APPLIED, SHALL BE REQUIRED TO ENROLL IN A STANDARD HEALTH PLAN OFFERED BY A BASIC HEALTH PROGRAM ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS ARTICLE IF SUCH PROGRAM IS ESTABLISHED AND OPERATING. (2) WITH RESPECT TO A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH WHO IS ENROLLED IN A STANDARD HEALTH PLAN, MEDICAL ASSISTANCE COVERAGE SHALL MEAN: (I) PAYMENT OF REQUIRED PREMIUMS AND OTHER COST-SHARING OBLIGATIONS UNDER THE STANDARD HEALTH PLAN THAT EXCEED THE PERSON'S CO-PAYMENT OBLI- GATION UNDER SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE; AND (II) PAYMENT FOR SERVICES AND SUPPLIES DESCRIBED IN SUBDIVISION ONE OR TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, AS APPLICABLE, BUT ONLY TO THE EXTENT THAT SUCH SERVICES AND SUPPLIES ARE NOT COVERED BY THE STANDARD HEALTH PLAN. (3) NOTHING IN THIS SUBDIVISION SHALL PREVENT A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF THIS PARAGRAPH FROM QUALIFYING FOR OR RECEIVING MEDICAL ASSISTANCE FOR PERIODS PRIOR TO HIS OR HER ENROLLMENT IN A STAN- DARD HEALTH PLAN, IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THIS TITLE. S 51. The social services law is amended by adding a new section 369- gg to read as follows: S 369-GG. BASIC HEALTH PROGRAM. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION: (A) "ELIGIBLE ORGANIZATION" MEANS AN INSURER LICENSED PURSUANT TO ARTICLE THIRTY-TWO OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR AN ORGANIZATION CERTIFIED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, INCLUDING PROVIDERS CERTIFIED UNDER SECTION FORTY-FOUR HUNDRED THREE-E OF THE PUBLIC HEALTH LAW; (B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY THE COMMISSIONER TO UNDERWRITE A BASIC HEALTH INSURANCE PLAN PURSUANT TO THIS TITLE; (C) "HEALTH CARE SERVICES" MEANS THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, AND SHALL BE CONSISTENT WITH AND SUBJECT TO THE ESSENTIAL HEALTH BENEFITS AS DEFINED BY THE COMMISSIONER IN ACCORDANCE WITH THE PROVISIONS OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111- 148) AND CONSISTENT WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN SELECTED BY THE COMMISSIONER FOR THE PURPOSES OF DEFINING SUCH BENEFITS; (D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE CRITE- RIA FOR CERTIFICATION DESCRIBED IN S 1311(C) OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS OFFERED TO INDIVIDUALS THROUGH THE HEALTH INSURANCE EXCHANGE MARKETPLACE; AND (E) "BASIC HEALTH INSURANCE PLAN" MEANS A STANDARD HEALTH PLAN, SEPA- RATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS ISSUED BY AN APPROVED ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION. S. 6358 128 A. 8558 2. AUTHORIZATION. IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO DO SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO ESTABLISH A BASIC HEALTH PROGRAM. THE COMMISSIONER'S AUTHORITY PURSUANT TO THIS SECTION IS CONTINGENT UPON OBTAINING AND MAINTAINING ALL NECESSARY APPROVALS FROM THE SECRETARY OF HEALTH AND HUMAN SERVICES TO OFFER A BASIC HEALTH PROGRAM IN ACCORDANCE WITH 42 U.S.C. 18051. THE COMMISSIONER MAY TAKE ANY AND ALL ACTIONS NECESSARY TO OBTAIN SUCH APPROVALS. 3. ELIGIBILITY. A PERSON IS ELIGIBLE TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IF HE OR SHE: (A) RESIDES IN NEW YORK STATE AND IS UNDER SIXTY-FIVE YEARS OF AGE; (B) IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW; (C) IS NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS DEFINED IN SECTION 5000A(F) OF THE INTERNAL REVENUE SERVICE CODE OF 1986, OR IS ELIGIBLE FOR AN EMPLOYER-SPONSORED PLAN THAT IS NOT AFFORDABLE, IN ACCORDANCE WITH SECTION 5000A OF SUCH CODE; AND (D) (I) HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND (II) HAS HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI- BLE TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS TITLE IF SUCH ALIEN WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO HIS OR HER IMMI- GRATION STATUS. AN APPLICANT WHO FAILS TO MAKE AN APPLICABLE PREMIUM PAYMENT SHALL LOSE ELIGIBILITY TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES IN ACCORD- ANCE WITH TIME FRAMES AND PROCEDURES DETERMINED BY THE COMMISSIONER. 4. ENROLLMENT. (A) SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER IS AUTHORIZED TO ESTABLISH AN APPLICATION AND ENROLLMENT PROCEDURE FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE SHALL INCLUDE A VERIFICATION SYSTEM FOR APPLICANTS, WHICH SHALL BE CONSISTENT WITH 42 USC S 1320B-7. (B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES TO THE BASIC HEALTH PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND ENROLL FOR COVERAGE AT ANY POINT. (C) UPON AN APPLICANT'S ENROLLMENT IN A BASIC HEALTH INSURANCE PLAN, COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE PROSPECTIVE. COVERAGE SHALL BEGIN IN A MANNER CONSISTENT WITH THE REQUIREMENTS FOR QUALIFIED HEALTH PLANS OFFERED THROUGH THE HEALTH INSURANCE EXCHANGE MARKETPLACE, AS DELINEATED IN FEDERAL REGU- LATION AT 42 CFR 155.420(B)(1) OR ANY SUCCESSOR REGULATION THEREOF. (D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO THIS TITLE, AND WHO LOSES ELIGIBILITY TO ENROLL IN THE BASIC HEALTH PROGRAM FOR A REASON OTHER THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE, FAILURE TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING INACCURATE INFORMATION THAT WOULD AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING HEALTH COVER- AGE PURSUANT TO THIS TITLE, OR FAILURE TO MAKE AN APPLICABLE PREMIUM PAYMENT, BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE EFFEC- TIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE, OR BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF ANY SUBSEQUENT S. 6358 129 A. 8558 DETERMINATION OF ELIGIBILITY, SHALL HAVE HIS OR HER ELIGIBILITY FOR COVERAGE CONTINUED UNTIL THE END OF SUCH TWELVE MONTH PERIOD, PROVIDED THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS FROM THE BASIC HEALTH PROGRAM TRUST FUND, ESTABLISHED UNDER SECTION 97-OOOO OF THE STATE FINANCE LAW, FOR THE COSTS ASSOCIATED WITH SUCH ASSISTANCE. 5. PREMIUMS AND COST SHARING. (A) SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER SHALL ESTABLISH PREMIUM PAYMENTS ENROLLEES SHALL PAY TO APPROVED ORGANIZATIONS FOR COVERAGE OF HEALTH CARE SERVICES PURSUANT TO THIS TITLE. SUCH PREMIUM PAYMENTS SHALL BE ESTABLISHED IN THE FOLLOWING MANNER: (I) UP TO TWENTY DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD INCOME ABOVE ONE HUNDRED AND FIFTY PERCENT OF THE FEDERAL POVERTY LINE BUT AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND (II) NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT OR BELOW ONE HUNDRED AND FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE. (B) THE COMMISSIONER SHALL ESTABLISH COST SHARING OBLIGATIONS FOR ENROLLEES, SUBJECT TO FEDERAL APPROVAL. 6. ANY FUNDS TRANSFERRED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES TO THE STATE PURSUANT TO 42 U.S.C. 18051(D) SHALL BE DEPOSITED IN TRUST. FUNDS FROM THE TRUST SHALL BE USED FOR PROVIDING HEALTH BENEFITS THROUGH AN APPROVED ORGANIZATION, WHICH, AT A MINIMUM, SHALL INCLUDE ESSENTIAL HEALTH BENEFITS AS DEFINED IN 42 U.S.C. 18022(B); TO REDUCE THE PREMIUMS AND COST SHARING OF PARTICIPANTS IN THE BASIC HEALTH PROGRAM; OR FOR SUCH OTHER PURPOSES AS MAY BE ALLOWED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES. HEALTH BENEFITS AVAILABLE THROUGH THE BASIC HEALTH PROGRAM SHALL BE PROVIDED BY ONE OR MORE APPROVED ORGANIZATIONS PURSUANT TO AN AGREEMENT WITH THE DEPARTMENT OF HEALTH AND SHALL MEET THE REQUIREMENTS OF APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS. 7. AN INDIVIDUAL WHO IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE OR PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, AND WHO WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO HIS OR HER IMMIGRATION STATUS IF THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAPTER WERE APPLIED, SHALL BE CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR PURPOSES OF PARA- GRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION. S 52. Subparagraph 2 of paragraph (e) of subdivision 3 of section 367-a of the social services law, as added by section 16 of part D of chapter 56 of the laws of 2013, is amended to read as follows: (2) Payment pursuant to this paragraph shall be for premium obli- gations of the individual under the qualified health plan and shall continue only if and for so long as the individual's MAGI household income exceeds one hundred thirty-three percent, but does not exceed one hundred fifty percent, of the federal poverty line for the applicable family size, OR, IF EARLIER, UNTIL THE INDIVIDUAL IS ELIGIBLE FOR ENROLLMENT IN A STANDARD HEALTH PLAN PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS ARTICLE. S 53. The state finance law is amended by adding a new section 97-oooo to read as follows: S 97-OOOO. BASIC HEALTH PROGRAM TRUST FUND. 1. THERE IS HEREBY ESTAB- LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND, TO BE KNOWN AS THE "BASIC HEALTH PROGRAM TRUST FUND". S. 6358 130 A. 8558 2. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE FEDERAL GOVERNMENT PURSUANT TO 42 U.S.C. S 18051(D) FOR THE PURPOSE OF REDUCING THE PREMIUMS AND COST-SHARING OF, OR PROVIDING BENEFITS FOR, ELIGIBLE INDIVIDUALS ENROLLED IN THE BASIC HEALTH PROGRAM, ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW. 3. UPON FEDERAL APPROVAL, ALL MONIES IN SUCH FUND SHALL BE USED TO IMPLEMENT AND OPERATE THE BASIC HEALTH PLAN, PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCONSISTENT WITH FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF SUCH FEDERAL LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS. S 54. Subdivision 12 of section 367-a of the social services law, as amended by section 63-a of part C of chapter 58 of the laws of 2007, is amended to read as follows: 12. Prior to receiving medical assistance under subparagraphs [twelve] FIVE and [thirteen] SIX of paragraph [(a)] (C) of subdivision one of section three hundred sixty-six of this title, a person whose net avail- able income is at least one hundred fifty percent of the applicable federal income official poverty line, as defined and updated by the United States department of health and human services, must pay a month- ly premium, in accordance with a procedure to be established by the commissioner. The amount of such premium shall be twenty-five dollars for an individual who is otherwise eligible for medical assistance under such subparagraphs, and fifty dollars for a couple, both of whom are otherwise eligible for medical assistance under such subparagraphs. No premium shall be required from a person whose net available income is less than one hundred fifty percent of the applicable federal income official poverty line, as defined and updated by the United States department of health and human services. S 55. Section 364-i of the social services law is amended by adding a new subdivision 8 to read as follows: 8. (A) THE FOLLOWING INDIVIDUALS SHALL BE PRESUMED TO BE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS TITLE BEGINNING ON THE DATE THAT A QUALI- FIED HOSPITAL, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, DETER- MINES, ON THE BASIS OF PRELIMINARY INFORMATION, THAT: (1) A CHILD HAS MAGI HOUSEHOLD INCOME THAT DOES NOT EXCEED THE APPLI- CABLE LEVEL FOR ELIGIBILITY AS PROVIDED FOR PURSUANT TO SUBPARAGRAPH TWO OR THREE OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE; (2) A PREGNANT WOMAN HAS MAGI HOUSEHOLD INCOME THAT DOES NOT EXCEED THE MAGI-EQUIVALENT OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE FOR THE APPLICABLE FAMILY SIZE; (3) A PARENT OR CARETAKER RELATIVE HAS MAGI HOUSEHOLD INCOME THAT DOES NOT EXCEED THE MAGI-EQUIVALENT OF ONE HUNDRED THIRTY PERCENT OF THE HIGHEST AMOUNT THAT ORDINARILY WOULD HAVE BEEN PAID TO A PERSON WITHOUT ANY INCOME OR RESOURCES UNDER THE FAMILY ASSISTANCE PROGRAM AS IT EXISTED ON THE FIRST DAY OF NOVEMBER, NINETEEN HUNDRED NINETY-SEVEN, OR HAS NET AVAILABLE INCOME, INCLUDING AVAILABLE SUPPORT FROM RESPONSIBLE RELATIVES, THAT DOES NOT EXCEED THE AMOUNTS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE; (4) AN INDIVIDUAL IN NEED OF TREATMENT OF BREAST, CERVICAL, COLON, OR PROSTATE CANCER MEETS THE REQUIREMENTS OF PARAGRAPH (D) OR (E) OF SUBDI- VISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE; (5) AN INDIVIDUAL AGE NINETEEN OR OLDER AND UNDER AGE SIXTY-FIVE MEETS THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE; S. 6358 131 A. 8558 (6) AN INDIVIDUAL UNDER TWENTY-SIX YEARS OF AGE MEETS THE REQUIREMENTS OF SUBPARAGRAPH NINE OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE; AND (7) AN INDIVIDUAL HAS INCOME THAT DOES NOT EXCEED THE MAGI-EQUIVALENT OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE FOR THE APPLICABLE FAMILY SIZE, AND THE INDIVIDUAL MEETS THE REQUIREMENTS OF SUBPARAGRAPH SIX OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY- SIX OF THIS TITLE; COVERAGE PURSUANT TO THIS SUBPARAGRAPH SHALL BE LIMITED TO FAMILY PLANNING SERVICES REIMBURSED BY THE FEDERAL GOVERNMENT AT A RATE OF NINETY PERCENT. (B) FOR THE PURPOSES OF THIS SUBDIVISION, "QUALIFIED HOSPITAL" MEANS A HOSPITAL THAT: (1) IS LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW; (2) IS ENROLLED AS A PROVIDER IN THE PROGRAM OF MEDICAL ASSISTANCE UNDER THIS TITLE; (3) HAS NOTIFIED THE DEPARTMENT OF HEALTH OF ITS ELECTION TO MAKE PRESUMPTIVE ELIGIBILITY DETERMINATIONS UNDER THIS SUBDIVISION, AND AGREES TO MAKE SUCH DETERMINATIONS IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED BY THE DEPARTMENT; (4) HAS BEEN DESIGNATED BY THE DEPARTMENT OF HEALTH AS A CERTIFIED APPLICATION COUNSELOR TO PROVIDE INFORMATION TO INDIVIDUALS CONCERNING QUALIFIED HEALTH PLANS OFFERED THROUGH A HEALTH INSURANCE EXCHANGE AND OTHER INSURANCE AFFORDABILITY PROGRAMS, ASSIST INDIVIDUALS TO APPLY FOR COVERAGE THROUGH A QUALIFIED HEALTH PLAN OR INSURANCE AFFORDABILITY PROGRAM, AND HELP FACILITATE THE ENROLLMENT OF ELIGIBLE INDIVIDUALS IN SUCH PLANS OR PROGRAMS; AND (5) HAS NOT BEEN DISQUALIFIED BY THE DEPARTMENT OF HEALTH PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. (C) THE DEPARTMENT OF HEALTH MAY DISQUALIFY A HOSPITAL AS A QUALIFIED HOSPITAL IF THE DEPARTMENT DETERMINES THAT THE HOSPITAL IS NOT: (1) MAKING, OR IS NOT CAPABLE OF MAKING, PRESUMPTIVE ELIGIBILITY DETERMINATIONS IN ACCORDANCE WITH THE POLICIES AND PROCEDURES ESTAB- LISHED BY THE DEPARTMENT; OR (2) MEETING SUCH STANDARDS AS MAY BE ESTABLISHED BY THE DEPARTMENT WITH RESPECT TO THE PROPORTION OF INDIVIDUALS DETERMINED PRESUMPTIVELY ELIGIBLE BY THE HOSPITAL WHO ARE FOUND BY THE MEDICAL ASSISTANCE PROGRAM TO BE ELIGIBLE FOR ONGOING MEDICAL ASSISTANCE AFTER THE END OF THE PRESUMPTIVE ELIGIBILITY PERIOD. (D) CARE, SERVICES AND SUPPLIES, AS SET FORTH IN SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, THAT ARE FURNISHED TO AN INDIVIDUAL DURING A PRESUMPTIVE ELIGIBILITY PERIOD UNDER THIS SUBDIVISION BY AN ENTITY THAT IS ELIGIBLE FOR PAYMENTS UNDER THIS TITLE SHALL BE DEEMED TO BE MEDICAL ASSISTANCE FOR PURPOSES OF PAYMENT AND STATE REIMBURSEMENT. S 56. Subdivision 1 of section 366 of the social services law is amended by adding a new paragraph (f) to read as follows: (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, FOR AN INDIVIDUAL WHO HAS INCOME IN EXCESS OF AN APPLICABLE INCOME ELIGIBILITY STANDARD AND IS ALLOWED TO ACHIEVE ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER THIS TITLE BY INCURRING MEDICAL EXPENSES EQUAL TO THE AMOUNT OF SUCH EXCESS INCOME, THE AMOUNT OF EXCESS INCOME MAY BE CALCULATED BY COMPARING THE INDIVIDUAL'S MAGI HOUSEHOLD INCOME TO THE MAGI-EQUIVALENT OF THE APPLICABLE INCOME ELIGIBILITY STANDARD; PROVIDED, HOWEVER, THAT MEDICAL ASSISTANCE SHALL BE FURNISHED PURSUANT TO THIS PARAGRAPH ONLY IF, FOR SO LONG AS, AND TO THE EXTENT THAT FEDERAL FINANCIAL PARTIC- IPATION IS AVAILABLE THEREFOR. THE COMMISSIONER OF HEALTH SHALL MAKE ANY AMENDMENTS TO THE STATE PLAN FOR MEDICAL ASSISTANCE, OR APPLY FOR ANY S. 6358 132 A. 8558 WAIVER OR APPROVAL UNDER THE FEDERAL SOCIAL SECURITY ACT THAT ARE NECES- SARY TO CARRY OUT THE PROVISIONS OF THIS PARAGRAPH. S 56-a. Section 364-j of the social services law is amended by adding a new subdivision 30 to read as follows: 30. NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOP- MENT LAW, OR ANY CONTRARY PROVISION OF LAW, IN THE EVENT THAT THE STATE RECEIVES PRIOR APPROVAL AND ENHANCED FINANCIAL PARTICIPATION FROM THE CENTERS FOR MEDICAID AND MEDICARE SERVICES, ADMINISTRATION FOR CHILDREN AND FAMILIES AND THE FEDERAL FOOD AND NUTRITION SERVICES FOR REIMBURSE- MENT PURSUANT TO AN A-87 COST ALLOCATION WAIVER FOR ENHANCED FUNDING FOR INTEGRATED ELIGIBILITY SYSTEMS, THE STATE IS AUTHORIZED TO ENTER INTO CONTRACTS, AND/OR TO AMEND THE TERMS OF CONTRACTS AWARDED PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, CONSISTENT WITH FEDERAL REQUIREMENTS, FOR THE PURPOSE OF IMPLEMENTING PROJECTS AUTHORIZED UNDER SUCH WAIVER AMENDMENT; PROVIDED, HOWEVER, IN THE CASE OF A CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THAT: (A) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OR ANOTHER STATE AGENCY, SHALL POST ON ITS WEBSITE, FOR A PERIOD OF NO LESS THAN THIRTY 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 PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH INFORMATION IS FIRST POSTED ON THE WEBSITE; AND (IV) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS; (B) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM PROSPECTIVE CONTRACTORS IN TIMELY FASHION SHALL BE REVIEWED BY THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE OR OTHER STATE AGEN- CY; AND (C) THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND THE OFFICE OF CHILDREN AND FAMI- LY SERVICES, WORKING IN COOPERATION WITH THE STATE CHIEF INFORMATION OFFICER, SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT, IN THEIR DISCRETION, ARE BEST SUITED TO SERVICE THE PURPOSES OF THIS SECTION. S 57. Paragraph (e) of subdivision 8 of section 2511 of the public health law, as added by section 21-a of part B of chapter 109 of the laws of 2010, is amended and a new paragraph (h) is added to read as follows: (e) The commissioner shall adjust subsidy payments to approved organ- izations made on and after April first, two thousand ten THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, so that the amount of each such payment, as otherwise calculated pursuant to this subdivision, 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 first, two thousand ten. Such statewide average subsidy payment shall be calculated by the commissioner and shall not reflect adjustments made pursuant to this paragraph. (H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, ARTICLES THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION (E) OF SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW, EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: S. 6358 133 A. 8558 (I) THE COMMISSIONER SHALL, SUBJECT TO APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, DEVELOP REIMBURSEMENT METHODOLOGIES FOR DETER- MINING THE AMOUNT OF SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS FOR THE COST OF COVERED HEALTH CARE SERVICES COVERAGE PROVIDED PURSUANT TO THIS TITLE. (II) THE COMMISSIONER, IN CONSULTATION WITH ENTITIES REPRESENTING APPROVED ORGANIZATIONS, SHALL SELECT AND CONTRACT WITH AN INDEPENDENT ACTUARY TO REVIEW SUCH REIMBURSEMENT METHODOLOGIES; PROVIDED, HOWEVER, NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, THE COMMISSIONER MAY SELECT AND CONTRACT WITH THE INDEPENDENT ACTU- ARY SELECTED PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELE- VANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOLOGIES, INCLUDING BUT NOT LIMITED TO THE ADEQUACY OF SUBSIDY PAYMENT AMOUNTS IN RELATION TO THE POPULATION TO BE SERVED ADJUSTED FOR CASE MIX, THE SCOPE OF SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE UTILIZATION OF SUCH SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS. (III) FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS SHALL BE AT AMOUNTS APPROVED PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN. ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS SHALL BE AT AMOUNTS DETERMINED BY THE COMMISSIONER IN ACCORDANCE WITH THIS PARAGRAPH. S 58. Paragraph (b) of subdivision 7 of section 2511 of the public health law, as amended by chapter 923 of the laws of 1990, is amended to read as follows: (b) The commissioner, in consultation with the superintendent, shall make a determination whether to approve, disapprove or recommend modifi- cation of the proposal. In order for a proposal to be approved by the commissioner, the proposal must also be approved by the superintendent with respect to the provisions of subparagraphs (viii) [through], (IX) AND (xii) of paragraph (a) of this subdivision. S 59. Paragraph (d) of subdivision 2 of section 2511 of the public health law is REPEALED. S 60. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 9 of section 2511 of the public health law, subparagraph (iv) as amended by section 33 of part D of chapter 56 of the laws of 2013 and subparagraph (v) as amended by chapter 2 of the laws of 1998, are amended to read as follows: (iv) outstationing of persons who are authorized to provide assistance to families in completing the enrollment application process under this title and title eleven of article five of the social services law, in locations, such as community settings, which are geographically accessi- ble to large numbers of children who may be eligible for benefits under such titles, and at times, including evenings and weekends, when large numbers of children who may be eligible for benefits under such titles are likely to be encountered. Persons outstationed in accordance with this subparagraph shall be authorized to make determinations of presump- tive eligibility in accordance with paragraph [(g)] (F) of subdivision two of THIS section [two thousand five hundred and eleven of this title]; and (v) notice by local social services districts to medical assistance applicants of the availability of benefits under paragraph [(g)] (F) of S. 6358 134 A. 8558 subdivision two of THIS section [two thousand five hundred and eleven of this title]. S 61. Subdivisions 3, 4 and 5 of section 47 of chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, as amended by section 19 of part D of chapter 59 of the laws of 2011, are amended to read as follows: 3. section six of this act shall take effect January 1, 1999; [provided, however, that subparagraph (iii) of paragraph (c) of subdivi- sion 9 of section 2510 of the public health law, as added by this act, shall expire on July 1, 2014;] 4. sections two, three, four, seven, eight, nine, fourteen, fifteen, sixteen, eighteen, eighteen-a, [twenty-three,] twenty-four, and twenty- nine of this act shall take effect January 1, 1999 and SECTION EIGH- TEEN-A shall expire on July 1, 2014; section twenty-five of this act shall take effect on January 1, 1999 and shall expire on April 1, 2005; 5. section twelve of this act shall take effect January 1, 1999; [provided, however, paragraphs (g) and (h) of subdivision 2 of section 2511 of the public health law, as added by such section, shall expire on July 1, 2014;] S 62. Subdivision (g) of section 129 of part C of chapter 58 of the laws of 2009, amending the public health law relating to the ADIRONDACK MEDICAL HOME MULTIPAYOR DEMONSTRATION PROGRAM, is amended to read as follows: (g) section twenty-six-a of this act shall expire and be deemed repealed April 1, [2014] 2017; S 63. Section 4 of chapter 779 of the laws of 1986, amending the social services law relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs, as amended by chapter 108 of the laws of 2011, is amended to read as follows: S 4. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall remain in full force and effect until July 1, [2014] 2017, provided however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations neces- sary for the implementation of the foregoing sections of this act on its effective date are authorized and directed to be made and completed on or before such effective date. S 64. Subdivision (i-1) of section 79 of part C of chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, as amended by section 21 of part D of chapter 59 of the laws of 2011, is amended to read as follows: (i-1) section thirty-one-a of this act shall be deemed repealed July 1, [2014] 2017; S 65. Section 4 of chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, as amended by section 107 of part H of chapter 59 of the laws of 2011, is amended to read as follows: S 4. This act shall take effect 120 days after it shall have become a law and shall expire and be deemed repealed March 31, [2014] 2017. S 66. Paragraph (e-1) of subdivision 12 of section 2808 of the public health law, as amended by section 63 of part A of chapter 56 of the laws of 2013, is amended to read as follows: (e-1) Notwithstanding any inconsistent provision of law or regulation, the commissioner shall provide, in addition to payments established pursuant to this article prior to application of this section, addi- S. 6358 135 A. 8558 tional payments under the medical assistance program pursuant to title eleven of article five of the social services law for non-state operated public residential health care facilities, including public residential health care facilities located in the county of Nassau, the county of Westchester and the county of Erie, but excluding public residential health care facilities operated by a town or city within a county, in aggregate annual amounts of up to one hundred fifty million dollars in additional payments for the state fiscal year beginning April first, two thousand six and for the state fiscal year beginning April first, two thousand seven and for the state fiscal year beginning April first, two thousand eight and of up to three hundred million dollars in such aggre- gate annual additional payments for the state fiscal year beginning April first, two thousand nine, and for the state fiscal year beginning April first, two thousand ten and for the state fiscal year beginning April first, two thousand eleven, and for the state fiscal years begin- ning April first, two thousand twelve and April first, two thousand thirteen, AND FOR THE STATE FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN, APRIL FIRST, TWO THOUSAND FIFTEEN AND APRIL FIRST, TWO THOUSAND SIXTEEN. The amount allocated to each eligible public resi- dential health care facility for this period shall be computed in accordance with the provisions of paragraph (f) of this subdivision, provided, however, that patient days shall be utilized for such computa- tion reflecting actual reported data for two thousand three and each representative succeeding year as applicable, and provided further, however, that, in consultation with impacted providers, of the funds allocated for distribution in the state fiscal year beginning April first, two thousand thirteen, up to thirty-two million dollars may be allocated in accordance with paragraph (f-1) of this subdivision. S 67. Paragraph (i) of subdivision 3 of section 461-1 of the social services law, as amended by section 4 of part D of chapter 56 of the laws of 2012, is amended to read as follows: (i) The commissioner of health is authorized to add up to six thousand assisted living program beds to the gross number of assisted living program beds having been determined to be available as of April first, two thousand nine. Nothing herein shall be interpreted as prohibiting any eligible applicant from submitting an application for any assisted living program bed so added. The commissioner of health shall not be required to review on a comparative basis applications submitted for assisted living program beds made available under this paragraph. The commissioner of health shall only authorize the addition of six thousand beds pursuant to a [five] SEVEN year plan. S 68. Notwithstanding any inconsistent provision of law, rule or regu- lation, for purposes of implementing the provisions of the public health law and the social services law, references to titles XIX and XXI of the federal social security act in the public health law and the social services law shall be deemed to include and also to mean any successor titles thereto under the federal social security act. S 69. Notwithstanding any inconsistent provision of law, rule or regu- lation, the effectiveness of the provisions of sections 2807 and 3614 of the public health law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR 505.14(h), as they relate to time frames for notice, approval or certification of rates of payment, are hereby suspended and without force or effect for purposes of implementing the provisions of this act. S 70. 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, S. 6358 136 A. 8558 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 judgment 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 71. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013 provided that: 1. sections one, two, three, four, five, fifty-nine and sixty of this act shall take effect July 1, 2014; 2. section eight of this act shall take effect October 1, 2014; 3. section twenty-six of this act shall take effect immediately and be deemed to have been in full force and effect on and after March 1, 2014; 4. section nine of this act shall take effect May 1, 2014; provided, however, that the amendments to subparagraph (iii) of paragraph (c) of subdivision 6 of section 367-a of the social services law made by section nine of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith; 5. section ten of this act shall expire and be deemed repealed March 31, 2016; 5-a. the amendments to section 1 of part H of chapter 111 of the laws of 2010 made by section fifteen of this act shall not affect the expira- tion of such section and shall be deemed expired therewith; 6. section fifty-five of this act shall take effect January 1, 2015; 7. the amendments to section 364-j of the social services law made by sections one, two, thirty-six, forty-nine and fifty-six-a of this act shall not affect the repeal of such section and shall be deemed repealed therewith; 8. the amendments to subparagraph (vii) of paragraph (b) of subdivi- sion 7 of section 4403-f of the public health law made by section thir- ty-seven of this act shall not affect the expiration of such paragraph and the repeal of such section and shall be deemed expired and repealed therewith; 8-a. the amendments to section 48-a of part A of chapter 56 of the laws of 2013 made by section thirteen of this act shall not affect the repeal of such section and shall be deemed repealed therewith; 9. the amendments to subdivision (a) of section 364-jj of the social services law made by section thirty-nine of this act shall not affect the expiration of such section and shall be deemed expired therewith; 9-a. the amendments to subdivision 9 of section 2511 of the public health law made by section sixty of this act shall not affect the expi- ration of such subdivision and shall expire therewith; 10. any rules or regulations necessary to implement the provisions of this act may be promulgated and any procedures, forms, or instructions necessary for such implementation may be adopted and issued on or after the date this act shall have become a law; 11. this act shall not be construed to alter, change, affect, impair or defeat any rights, obligations, duties or interests accrued, incurred or conferred prior to the effective date of this act; 12. the commissioner of health and the superintendent of the depart- ment of financial services and any appropriate council may take any steps necessary to implement this act prior to its effective date; 13. notwithstanding any inconsistent provision of the state adminis- trative procedure act or any other provision of law, rule or regulation, the commissioner of health and the superintendent of the department of S. 6358 137 A. 8558 financial services and any appropriate council is authorized to adopt or amend or promulgate on an emergency basis any regulation he or she or such council determines necessary to implement any provision of this act on its effective date; and 14. the provisions of this act shall become effective notwithstanding the failure of the commissioner of health or the superintendent of the department of financial services or any council to adopt or amend or promulgate regulations implementing this act. PART D Section 1. Subparagraph (iv) of paragraph a of subdivision 1 of section 6908 of the education law, as amended by chapter 160 of the laws of 2003, is amended and a new subparagraph (v) is added to read as follows: (iv) the furnishing of nursing assistance in case of an emergency; OR (V) TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS FUNDED, AUTHORIZED OR APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA- BILITIES, WHEN PERFORMED UNDER THE SUPERVISION OF A REGISTERED PROFES- SIONAL NURSE, INCLUDING TRAINING AND PERIODIC INSPECTION OF SUCH TASKS, IN ACCORDANCE WITH AN AUTHORIZED PRACTITIONER'S ORDERED CARE; S 2. This act shall take effect immediately. PART E Section 1. Section 3 of part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, is amended to read as follows: S 3. This act shall take effect immediately; and shall expire and be deemed repealed June 30, [2014] 2017. S 2. This act shall take effect immediately. PART F Section 1. Subdivisions (d), (e), (f) and (g) of section 41.44 of the mental hygiene law are relettered subdivisions (e), (f), (g), and (h) and a new subdivision (d) is added to read as follows: (D) THE COMMISSIONER IS AUTHORIZED TO RECOVER FUNDING FROM PROVIDERS OF COMMUNITY RESIDENCES LICENSED BY THE OFFICE OF MENTAL HEALTH, CONSISTENT WITH CONTRACTUAL OBLIGATIONS OF SUCH PROVIDERS, AND NOTWITH- STANDING ANY OTHER INCONSISTENT PROVISION OF LAW TO THE CONTRARY, SUCH RECOVERY AMOUNT SHALL EQUAL FIFTY PERCENT OF THE MEDICAID REVENUE RECEIVED BY SUCH PROVIDERS WHICH EXCEEDS THE FIXED AMOUNT OF ANNUAL MEDICAID REVENUE LIMITATIONS, AS ESTABLISHED BY THE COMMISSIONER. S 2. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2014. PART G Section 1. Subdivisions 3-b and 3-c of section 1 and section 4 of part C of chapter 57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, as amended by section 1 of part N of chapter 56 of the laws of 2013, are amended to read as follows: S. 6358 138 A. 8558 3-b. Notwithstanding any inconsistent provision of law, beginning April 1, 2009 and ending March 31, [2014] 2015, the commissioners shall not include a COLA for the purpose of establishing rates of payments, contracts or any other form of reimbursement. 3-c. Notwithstanding any inconsistent provision of law, beginning April 1, [2014] 2015 and ending March 31, [2017] 2018, the commissioners shall develop the COLA under this section using the actual U.S. consumer price index for all urban consumers (CPI-U) published by the United States department of labor, bureau of labor statistics for the twelve month period ending in July of the budget year prior to such state fiscal year, for the purpose of establishing rates of payments, contracts or any other form of reimbursement. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2006; provided section one of this act shall expire and be deemed repealed April 1, [2017] 2018; provided, further, that sections two and three of this act shall expire and be deemed repealed December 31, 2009. S 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that the amendments to section 1 of part C of chapter 57 of the laws of 2006 made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through G of this act shall be as specifically set forth in the last section of such Parts.
2013-S6358A - Details
2013-S6358A - Summary
Relates to expanding the description of certain services which are not prohibited by statutes governing the practice of nursing (Part A); amends part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part B); amends chapter 111 of the laws of 2010 relating to the recovery of exempt income by the office of mental health for community residences and family-based treatment programs, in relation to the effectiveness thereof (Part C); amends the mental hygiene law, in relation to the creation of the managed care for persons with developmental disabilities advocacy program (Part D)
2013-S6358A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6358--A A. 8558--A S E N A T E - A S S E M B L Y January 21, 2014 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to state aid to coun- ties and New York City for provision of prenatal health care services to uninsured women; to amend the public health law, in relation to simplifying consent for HIV testing; to amend the public health law, in relation to authorization for data sharing with providers for purposes of patient linkage and retention in care; to amend the public health law, in relation to the board member composition for the health research science board; to amend the public health law, in relation to the health research science board meeting requirements; to amend the state finance law, in relation to the New York state prostate cancer research, detection and education fund; to amend the public health law and the public authorities law, in relation to a capital restructuring finance program; to amend the public health law, in relation to the health care restructuring loan pool; to amend the public health law and the public authorities law, in relation to establishing a private equity pilot program; to amend the public health law, in relation to streamlining the certificate of need process for hospitals and diag- nostic and treatment clinics providing primary care; to amend the public health law, in relation to the establishment and operation of limited services clinics; to amend the public health law, in relation to standardizing urgent care centers; to amend the public health law, in relation to enhanced oversight of office-based surgery; to amend the public health law, in relation to the statutory authority of updated diagnostic and treatment centers; to amend the public health law and the state finance law, in relation to the operation of the New York State donate life registry; to amend chapter 465 of the laws of 2012 amending the public health law and the vehicle and traffic law EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12671-02-4 S. 6358--A 2 A. 8558--A relating to establishing Lauren's law, in relation to the effective- ness thereof; to amend the social services law and the public health law, in relation to streamlining the application process for adult care facilities and assisted living residences; to amend the public health law, in relation to the long term home health care program; to amend the public health law, in relation to resident working audits; to amend chapter 58 of the laws of 2008 amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, in relation to the effectiveness ther- eof; to repeal certain provisions of the public health law relating thereto; and to repeal subdivision 9 of section 2803 of the public health law, relating to reports to the commissioner by general hospi- tals regarding working conditions and limits on working hours for certain members of the hospital's staff (Part A); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; to amend the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; to amend the public health law, in relation to the distrib- ution of pool allocations and graduate medical education; to amend chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to imple- ment the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; to amend the public health law, in relation to health care initiative pool distributions; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend chapter 600 of the laws of 1986 amending the public health law relating to the development of pilot reimbursement programs for ambulatory care services, in relation to the effectiveness of such chapter; to amend chapter 520 of the laws of 1978 relating to providing for a comprehensive survey of health care financing, education and illness prevention and creating councils for the conduct thereof, in relation to extending the effectiveness of portions thereof; to amend the public health law, in relation to extending access to community health care services in rural areas; to amend the public health law, in relation to rates of payment for personal care service providers; to amend the public health law, in relation to the assessment on covered lives; to amend the public health law, in relation to the comprehensive diagnostic and treatment centers indigent care program; to amend the public health law, in relation to general hospital indigent pool and general hospital inpa- tient reimbursement rates; to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending the applicability of certain provisions thereof; and to amend chapter 63 of the laws of 2001 amending chapter 20 of the laws of 2001 amend- ing the military law and other laws relating to making appropriations for the support of government, in relation to extending the applica- bility of certain provisions thereof (Part B); to amend the social services law, in relation to eliminating prescriber prevails for brand name drugs with generic equivalents; to amend the public health law, in relation to minimum supplemental rebates for pharmaceutical manufacturers; to amend the social services law, in relation to early refill of prescriptions; to amend the public health law, in relation to eliminating the financial incentive for e-prescribing; to amend the public health law, in relation to expanding prior authorization under the clinic drug review program; to amend the public health law, in S. 6358--A 3 A. 8558--A relation to the expansion of prior authorization under the clinical drug review program; to amend the social services law, in relation to requiring prior authorization for non-medically acceptable indicators for prescription drugs; to amend the social services law, in relation to the integration of behavioral and physical health clinic services; to amend part A of chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to establishing rate protections for behavioral health essential providers and the effectiveness thereof; to amend section 1 of part H of chapter 111 of the laws of 2010, relating to increasing Medicaid payments to provid- ers through managed care organizations and providing equivalent fees through an ambulatory patient group methodology, in relation to trans- fer of funds and the effectiveness thereof; to amend the social services law, in relation to spousal support for the costs of communi- ty-based long term care; to amend the social services law, in relation to fair hearings within the Fully Integrated Duals Advantage program; to amend the public health law, in relation to the establishment of a default rate for nursing homes under managed care; to amend the public health law, in relation to rates of payment for certified home health agencies and long term home health care programs; to amend the public health law, in relation to rate setting methodologies for the ICD-10; to amend the public health law, in relation to inpatient psych base years; to amend the public health law, in relation to specialty inpa- tient base years; to amend the public health law, in relation to inpa- tient psych base years; to amend the public health law, in relation to hospital inpatient base years; to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to the determination of rates of payments by certain state governmental agencies; to amend the social services law and the public health law, in relation to requiring the use of an enrollment broker for counties that are mandated Medicaid managed care and managed long term care; to amend the public health law, in relation to establishing vital access pools for licensed home care service agencies; to amend the social services law, in relation to the expansion of the Medicaid managed care advisory review panel; to amend part H of chapter 59 of the laws of 2011 amending the public health law relating to general hospital inpatient reimbursement for annual rates, in relation to the across the board reduction of 2011; to amend the social services law, in relation to establishing a health homes criminal justice initiative; to amend the social services law, in relation to the transition of children in foster care to managed care; to amend the social services law and the state finance law, in relation to the establishment of a basic health plan; to amend the social services law, in relation to hospital presumptive eligibility under the affordable care act; to amend the social services law, in relation to spending down procedures under the MAGI system of eligi- bility determination; to amend the public health law, in relation to moving rate setting for child health plus to the department of health; to amend the public health law, in relation to eliminating the exist- ing child health plus waiting period; to amend chapter 2 of the laws of 1998, amending the public health law and other laws relating to expanding the child health insurance plan, in relation to allowing for the permanent expansion of child health plus income and benefit S. 6358--A 4 A. 8558--A provisions; to amend part C of chapter 58 of the laws of 2009, amend- ing the public health law relating to the ADIRONDACK MEDICAL HOME MULTIPAYOR DEMONSTRATION PROGRAM, in relation to extending the adiron- dack medical home demo through the year 2017; to amend chapter 779 of the laws of 1986, amending the social services law relating to author- izing services for non-residents in adult homes, residences for adults and enriched housing programs, in relation to extending the authori- zation of non-resident services within adult homes; to amend part C of chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to extending the utilization threshold exemption; to amend chapter 19 of the laws of 1998, amending the social services law relating to limit- ing the method of payment for prescription drugs under the medical assistance program, in relation to extending provisions related to dispensing fees; to amend the public health law, in relation to rates of payment to residential health care facilities; providing for the repeal of certain provisions relating to the availability of funds upon expiration thereof; and to repeal certain provisions of the social services law and the public health law relating thereto (Part C); to amend the education law, in relation to the exemption of the nurse practice act for direct care staff in non-certified settings funded, authorized or approved by the office for people with develop- mental disabilities (Part D); to amend part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part E); to amend the mental hygiene law, in relation to the recovery of exempt income by the office of mental health for community residential programs (Part F); and to amend chapter 57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to foregoing such adjustment during the 2014-2015 state fiscal year (Part G) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2014-2015 state fiscal year. Each component is wholly contained within a Part identified as Parts A through G. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph (a) of subdivision 1 of section 602 of the public health law, as added by section 16 of part E of chapter 56 of the laws of 2013, is amended to read as follows: S. 6358--A 5 A. 8558--A (a) Family health, which shall include activities designed to reduce perinatal, infant and maternal mortality and morbidity and to promote the health of infants, children, adolescents, and people of childbearing age. Such activities shall include family centered perinatal services and other services appropriate to promote the birth of a healthy baby to a healthy mother, and services to assure that infants, young children, and school age children are enrolled in appropriate health insurance programs and other health benefit programs for which they are eligible, and that the parents or guardians of such children are provided with information concerning health care providers in their area that are willing and able to provide health services to such children. Provision of primary and preventive clinical health care services shall be eligi- ble for state aid for uninsured persons under the age of twenty-one, provided that the municipality makes good faith efforts to assist such persons with insurance enrollment and only until such time as enrollment becomes effective. PROVISION OF PRENATAL CLINICAL HEALTH CARE SERVICES SHALL BE ELIGIBLE FOR STATE AID FOR UNINSURED WOMEN OF ANY AGE, PROVIDED THAT THE MUNICIPALITY MAKES GOOD FAITH EFFORTS TO ASSIST SUCH WOMEN WITH INSURANCE ENROLLMENT AND ONLY UNTIL SUCH TIME AS ENROLLMENT BECOMES EFFECTIVE. S 2. Subdivisions 1, 2, 2-a, 2-b, 2-c, 3 and 4 of section 2781 of the public health law, subdivisions 1, 2, 3 and 4 as amended and subdivi- sions 2-a, 2-b and 2-c as added by chapter 308 of the laws of 2010, are amended to read as follows: 1. Except as provided in section three thousand one hundred twenty-one of the civil practice law and rules, or unless otherwise specifically authorized or required by a state or federal law, no person shall order the performance of an HIV related test without first having received [the written or, where authorized by this subdivision, oral,] informed consent of the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, of a person authorized pursuant to law to consent to health care for such individual. [When the test being ordered is a rapid HIV test, such informed consent may be obtained orally and shall be documented in the subject of the test's medical record by the person ordering the performance of the test.] IN ORDER FOR THERE TO BE INFORMED CONSENT, THE PERSON ORDERING THE TEST SHALL AT A MINIMUM ADVISE THE PROTECTED INDIVIDUAL THAT AN HIV-RELATED TEST IS BEING PERFORMED. 2. [Except where subdivision one of this section permits informed consent to be obtained orally, informed consent to HIV related testing shall consist of a statement consenting to HIV related testing signed by the subject of the test who has capacity to consent or, when the subject lacks capacity to consent, by a person authorized pursuant to law to consent to health care for the subject after the subject or such other person has received the information described in subdivision three of this section. 2-a. Where a written consent to HIV related testing is included in a signed general consent to medical care for the subject of the test or in a signed consent to any health care service for the subject of the test, the consent form shall have a clearly marked place adjacent to the signature where the subject of the test, or, when the subject lacks capacity to consent, a person authorized pursuant to law to consent to health care for such individual, shall be given an opportunity to specifically decline in writing HIV related testing on such general consent. S. 6358--A 6 A. 8558--A 2-b. A written or oral informed] INFORMED consent for HIV related testing pursuant to this section shall be valid for such testing until such consent is revoked [or expires by its terms]. Each time that an HIV related test is ordered pursuant to informed consent in accordance with this section, the physician or other person authorized pursuant to law to order the performance of the HIV related test, or such person's representative, shall orally notify the subject of the test or, when the subject lacks capacity to consent, a person authorized pursuant to law to consent to health care for such individual, that an HIV related test will be conducted at such time, and shall note the notification in the patient's record. [2-c.] 2-A. The provisions of this section regarding [oral] informed consent [for a rapid HIV test] shall not apply to tests performed in a facility operated under the correction law. FOR TESTS CONDUCTED IN A FACILITY UNDER THE CORRECTION LAW, INDIVIDUAL CONSENT FOR HIV RELATED TESTING MUST BE IN WRITING. 3. [Prior to the execution of written, or obtaining and documenting oral, informed consent, a] A person ordering the performance of an HIV related test shall provide either directly or through a representative to the subject of an HIV related test or, if the subject lacks capacity to consent, to a person authorized pursuant to law to consent to health care for the subject, an explanation that: (a) HIV causes AIDS and can be transmitted through sexual activities and needle-sharing, by pregnant women to their fetuses, and through breastfeeding infants; (b) there is treatment for HIV that can help an individual stay heal- thy; (c) individuals with HIV or AIDS can adopt safe practices to protect uninfected and infected people in their lives from becoming infected or multiply infected with HIV; (d) testing is voluntary and can be done anonymously at a public test- ing center; (e) the law protects the confidentiality of HIV related test results; (f) the law prohibits discrimination based on an individual's HIV status and services are available to help with such consequences; and (g) the law allows an individual's informed consent for HIV related testing to be valid for such testing until such consent is revoked by the subject of the HIV RELATED test [or expires by its terms]. Protocols shall be in place to ensure compliance with this section. 4. A person authorized pursuant to law to order the performance of an HIV related test shall provide directly or through a representative to the person seeking such test, an opportunity to remain anonymous [and to provide written, informed consent or authorize documentation of oral informed consent,] through use of a coded system with no linking of individual identity to the test request or results. A health care provider who is not authorized by the commissioner to provide HIV related tests on an anonymous basis shall refer a person who requests an anonymous test to a test site which does provide anonymous testing. The provisions of this subdivision shall not apply to a health care provider ordering the performance of an HIV related test on an individual proposed for insurance coverage. S 3. Section 2135 of the public health law, as amended by chapter 308 of the laws of 2010, is amended to read as follows: S 2135. Confidentiality. All reports or information secured by the department, municipal health commissioner or district health officer under the provisions of this title shall be confidential except: (a) in S. 6358--A 7 A. 8558--A so far as is necessary to carry out the provisions of this title; (b) when used in the aggregate, without patient specific identifying infor- mation, in programs approved by the commissioner for the improvement of the quality of medical care provided to persons with HIV/AIDS; [or] (c) when used within the state or local health department by public health disease programs to assess co-morbidity or completeness of reporting and to direct program needs, in which case patient specific identifying information shall not be disclosed outside the state or local health department; OR (D) WHEN USED FOR PURPOSES OF PATIENT LINKAGE AND RETENTION IN CARE, PATIENT SPECIFIC IDENTIFIED INFORMATION MAY BE SHARED BETWEEN LOCAL AND STATE HEALTH DEPARTMENTS AND HEALTH CARE PROVIDERS AS APPROVED BY THE COMMISSIONER. S 4. Section 2410 of the public health law, as added by chapter 279 of the laws of 1996, subdivisions 1 and 2 as amended by chapter 32 of the laws of 2008, and subdivision 7 as added by chapter 621 of the laws of 2007, is amended to read as follows: S 2410. Health research science board. 1. There is hereby established in the department the health research science board. The board shall be comprised of [seventeen] SIXTEEN voting members[, three non-voting regional members] and [three] ONE non-voting ex-officio [members] MEMBER as follows: (a) twelve voting members shall be scientists each of whom shall have either an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields: biochemistry, biology, biostatistics, chemistry, epidemiology, genetics, immunology, medicine, microbiology, molecular biology, nutrition, oncol- ogy, reproductive endocrinology, or toxicology and must currently be engaged in treating patients or conducting health research. Such members shall be appointed in the following manner: two shall be appointed by the temporary president of the senate and one by the minor- ity leader of the senate; two shall be appointed by the speaker of the assembly and one by the minority leader of the assembly; six shall be appointed by the governor; (b) the governor shall appoint [six regional] FOUR ADDITIONAL members, [three] EACH of whom shall serve as full voting members [and three of whom shall serve as alternative members without voting rights]. Such [regional] members shall be persons who have or have had breast cancer, [and] OR shall be actively involved with a community-based, grass-roots breast cancer organization. [Two] ONE of such appointments shall be made upon the recommendation of the temporary president of the senate and [two] ONE shall be made upon the recommendation of the speaker of the assembly [. One regional member shall be appointed from each of the following geographic areas of the state: Long Island, New York City, the Hudson Valley, Northern New York, Central New York and Western New York. The order of appointments and recommendations for appointments and voting rights shall rotate as follows: (i) The governor shall appoint regional members for three year terms in the following order: (A) Long Island, which member shall have voting rights, (B) Central New York, which member shall not have voting rights, (C) Hudson Valley, which member shall have voting rights, (D) Northern New York, which member shall not have voting rights, (E) Western New York, which member shall have voting rights, and (F) New York City, which member shall not have voting rights; (ii) The governor, upon the recommendation of the temporary president of the senate, shall appoint regional members for three year terms in the following order: S. 6358--A 8 A. 8558--A (A) Hudson Valley, which member shall not have voting rights, (B) Northern New York, which member shall have voting rights, (C) Western New York, which member shall not have voting rights, (D) New York City, which member shall have voting rights, (E) Long Island, which member shall have voting rights, and (F) Central New York, which member shall not have voting rights; and (iii) The governor, upon the recommendation of the speaker of the assembly, shall appoint regional members for three year terms in the following order: (A) Western New York, which member shall have voting rights, (B) New York City, which member shall not have voting rights, (C) Long Island, which member shall not have voting rights, (D) Central New York, which member shall have voting rights, (E) Hudson Valley, which member shall not have voting rights, and (F) Northern New York, which member shall have voting rights]; AND (c) the governor shall appoint [three] ONE non-voting ex officio members to the board, [one of whom] WHO shall be the commissioner, or his or her designee[, one of whom shall be the commissioner of environ- mental conservation, or his or her designee, and one of whom shall be the director of the Cornell University Institute for Comparative and Environmental Toxicology, or his or her designee; and (d) the governor shall appoint one voting member who shall be a person who has or has survived breast cancer and one voting member who shall be a person who has or has survived prostate or testicular cancer]. The governor shall designate the chair of the board. The governor, temporary president of the senate, minority leader of the senate, speak- er of the assembly, and minority leader of the assembly may solicit recommendations from the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, and the National Academy of Sciences for appointments or recommendations for appointments to the board. 2. All members shall serve for terms of three years and may be reap- pointed, such terms to commence July first and expire June thirtieth; provided, however, that of the scientific members first appointed, three such members, one appointed by the governor, one appointed by the tempo- rary president of the senate and one appointed by the speaker of the assembly, shall be appointed for terms of one year, and three such members, one appointed by the governor, one appointed by the temporary president of the senate, and one appointed by the speaker of the assem- bly shall be appointed for a term of two years. The board shall convene on or before September first, nineteen hundred ninety-seven. 3. Any member, after notice and an opportunity to be heard, may be removed by the governor for neglect of duty or malfeasance in office. Any member who fails to attend three consecutive meetings of the board, unless excused by formal vote of the board, shall be deemed to have vacated his or her position. 4. Any vacancy in the board shall be filled for the unexpired term in the same manner as the original appointment. 5. A majority of the voting members of the board shall constitute a quorum for the transaction of any business or the exercise of any power or function of the board. 6. Members of the board shall not receive compensation for their services as members, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. S. 6358--A 9 A. 8558--A [7. For the purposes of this section the following counties shall constitute the following geographic areas: (a) Long Island: the counties of Nassau and Suffolk. (b) New York City: the counties of Kings, Queens, Richmond, New York and Bronx. (c) Hudson Valley: the counties of Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, Greene, Columbia, Sullivan and Delaware. (d) Northern New York: the counties of Albany, Clinton, Essex, Frank- lin, Fulton, Herkimer, Hamilton, Montgomery, Otsego, Rensselaer, Sarato- ga, Schenectady, Schoharie, Warren and Washington. (e) Central New York: the counties of Broome, Cayuga, Chemung, Chenan- go, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Sene- ca, Schuyler, St. Lawrence, Tioga, Tompkins and Wayne. (f) Western New York: the counties of Allegany, Cattaraugus, Chautau- qua, Erie, Genesee, Niagara, Orleans, Wyoming, Livingston, Monroe, Ontario, Steuben and Yates.] S 5. Subdivision 1 of section 2411 of the public health law, as amended by chapter 219 of the laws of 1997, paragraph (e) as amended by chapter 106 of the laws of 2013, and paragraph (h) as amended by chapter 638 of the laws of 2008, is amended to read as follows: 1. The board shall: (a) Survey state agencies, boards, programs and other state govern- mental entities to assess what, if any, relevant data has been or is being collected which may be of use to researchers engaged in breast[, prostate or testicular] cancer research; (b) Consistent with the survey conducted pursuant to paragraph (a) of this subdivision, compile a list of data collected by state agencies which may be of assistance to researchers engaged in breast[, prostate or testicular] cancer research as established in section twenty-four hundred twelve of this title; (c) Consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences and other organizations or entities which may be involved in cancer research to solicit both information regarding breast[, prostate and testicular] cancer research projects that are currently being conducted and recommendations for future research projects; (d)[Review requests made to the commissioner for access to information pursuant to paragraph b of subdivision one of section 33-1203 and para- graph c of subdivision two of section 33-1205 of the environmental conservation law for use in human health related research projects. Such data shall only be provided to researchers engaged in human health related research. The request made by such researchers shall include a copy of the research proposal or the research protocol approved by their institution and copies of their institution's Institutional Review Board (IRB) or equivalent review board approval of such proposal or protocol. In the case of research conducted outside the auspices of an institution by a researcher previously published in a peer-reviewed scientific jour- nal, the board shall request copies of the research proposal and shall deny access to the site-specific and nine-digit zip code pesticide data if the board determines that such proposal does not follow accepted scientific practice for the design of a research project. The board shall establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator; S. 6358--A 10 A. 8558--A (e)] Solicit, receive, and review applications from public and private agencies and organizations and qualified research institutions for grants from the breast cancer research and education fund, created pursuant to section ninety-seven-yy of the state finance law, to conduct research or educational programs which focus on the causes, prevention, screening, treatment and cure of breast cancer and may include, but are not limited to mapping of breast cancer, and basic, behavioral, clin- ical, demographic, environmental, epidemiologic and psychosocial research. The board shall make recommendations to the commissioner, and the commissioner shall, in his or her discretion, grant approval of applications for grants from those applications recommended by the board. The board shall consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the Federal Agency For Health Care Policy and Research, the National Academy of Sciences, breast cancer advocacy groups, and other organizations or entities which may be involved in breast cancer research to solicit both information regarding breast cancer research projects that are currently being conducted and recommendations for future research projects. As used in this section, "qualified research institution" may include academic medical institutions, state or local government agencies, public or private organizations within this state, and any other institution approved by the department, which is conducting a breast cancer research project or educational program. If a board member submits an application for a grant from the breast cancer research and education fund, he or she shall be prohibited from reviewing and making a recommendation on the application; [(f) Consider, based on evolving scientific evidence, whether a corre- lation exists between pesticide use and pesticide exposure. As part of such consideration the board shall make recommendations as to methodol- ogies which may be utilized to establish such correlation; (g) After two years of implementation of pesticide reporting pursuant to section 33-1205 of the environmental conservation law, the board shall compare the percentage of agricultural crop production general use pesticides being reported to the total amount of such pesticides being used in this state as estimated by Cornell University, Cornell Cooper- ative Extension, the department of environmental conservation, and the Environmental Protection Agency; (h)] (E) Meet at least six times in the first year, at the request of the chair and at any other time as the chair deems necessary. The board shall meet [at least four times a year] AS NEEDED thereafter. Provided, however, that at least one such meeting a year shall be a public hear- ing, at which the general public may question and present information and comments to the board with respect to the operation of the health research science board, AND the breast cancer research and education fund[, the prostate and testicular cancer research and education fund and pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law. At such hearing, the commissioner of the department of environmental conservation or his or her designee shall make a report to the board with respect to the effi- ciency and utility of pesticide reporting established pursuant to sections 33-1205 and 33-1207 of the environmental conservation law]. SHOULD THE EXISTING BYLAWS BE AMENDED BY THE BOARD, ANY SUCH AMENDMENTS SHALL BE CONSISTENT WITH THE REVISIONS OF THIS PARAGRAPH; S 6. Section 2409-a of the public health law, as added by section 73 of part D of chapter 60 of the laws of 2012, is amended to read as follows: S. 6358--A 11 A. 8558--A S 2409-a. Advisory council. 1. There is hereby established in the department the [breast, cervical and ovarian] cancer detection and education program advisory council, for the purpose of advising the commissioner with regards to providing information to consumers, patients, and health care providers relating, but not limited to, breast, cervical, PROSTATE, TESTICULAR and ovarian cancer, including signs and symptoms, risk factors, the benefits of prevention and early detection, guideline concordant cancer screening and disease management, options for diagnostic testing and treatment, new technologies, and survivorship. 2. The advisory council shall make recommendations to the department regarding the promotion and implementation of programs under sections twenty-four hundred six and twenty-four hundred nine of this title. 3. The commissioner shall appoint twenty-one voting members, which shall include representation of health care professionals, consumers, patients, ONE VOTING MEMBER WHO SHALL BE A PERSON WHO HAS OR HAS HAD PROSTATE OR TESTICULAR CANCER and other appropriate interest reflective of the diversity of the state, with expertise in breast, cervical, PROSTATE, TESTICULAR and/or ovarian cancer. The commissioner shall appoint one member as a chairperson. The members of the council shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performance of their duties. 4. A majority of the appointed voting membership of the board shall constitute quorum. 5. The advisory council shall meet at least twice a year, at the request of the department. S 7. Section 95-e of the state finance law, as added by chapter 273 of the laws of 2004, subdivision 2 as amended by section 1 of part A of chapter 58 of the laws of 2004, is amended to read as follows: S 95-e. New York state prostate cancer research, detection and educa- tion fund. 1. There is hereby established in the joint custody of the commissioner of taxation and finance and the comptroller, a special fund to be known as the "New York [state] STATE prostate cancer research, detection and education fund". 2. Such fund shall consist of all revenues received pursuant to the provisions of sections two hundred nine-E and six hundred thirty of the tax law, all revenues received pursuant to appropriations by the legis- lature, and all moneys appropriated, credited, or transferred thereto from any other fund or source pursuant to law. For each state fiscal year, there shall be appropriated to the fund by the state, in addition to all other moneys required to be deposited into such fund, an amount equal to the amounts of monies collected and deposited into the fund pursuant to sections two hundred [nine-e] NINE-E and six hundred thirty of the tax law during the preceding calendar year, as certified by the comptroller. Nothing contained herein shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. Any interest received by the comptroller on moneys on deposit in such fund shall be retained in and become part of such fund. 3. Moneys of the fund [shall be expended only to provide grants to the New York State Coalition to Cure Prostate Cancer, a not-for-profit corporation established in this state which is incorporated], FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF HEALTH TO PROVIDE GRANTS for the purpose of advancing and financing prostate cancer research, detection AND SUPPORT PROGRAMS and education projects. [To the S. 6358--A 12 A. 8558--A extent practicable, the New York State Coalition to Cure Prostate Cancer shall cooperate and coordinate its efforts with the prostate and testi- cular cancer detection and education advisory council established pursu- ant to section twenty-four hundred sixteen of the public health law] FUNDS MAY BE DISTRIBUTED BY THE COMMISSIONER WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS. 4. On or before the first day of February each year, the comptroller shall certify to the governor, temporary president of the senate, speak- er of the assembly, chair of the senate finance committee and chair of the assembly ways and means committee, the amount of money deposited by source in the New York [state] STATE prostate cancer research, detection and education fund during the preceding calendar year as the result of revenue derived pursuant to sections two hundred nine-E and six hundred thirty of the tax law and from all other sources. 5. [As a condition of receiving grants from the fund, the New York State Coalition To Cure Prostate Cancer shall agree to issue and shall issue, on or before the first day of February each year, a report including, but not limited to, financial statements, financial reports and reports on the issuance of grants. Such reports shall be delivered to the governor and the chairs of the senate finance committee and the assembly ways and means committee and shall also be made available to the public. Such financial statements and reports shall be audited by a nationally recognized accounting firm. 6.] Moneys shall be payable from the fund [to the New York State Coalition to Cure Prostate Cancer] on the audit and warrant of the comp- troller on vouchers approved by the comptroller. S 8. The public health law is amended by adding a new section 2825 to read as follows: S 2825. CAPITAL RESTRUCTURING FINANCING PROGRAM. 1. A CAPITAL RESTRUC- TURING FINANCING PROGRAM IS HEREBY ESTABLISHED UNDER THE JOINT ADMINIS- TRATION OF THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR THE PURPOSE OF ENHANCING THE QUALITY, FINANCIAL VIABILITY AND EFFICIENCY OF NEW YORK'S HEALTH CARE DELIVERY SYSTEM BY TRANSFORMING THE SYSTEM INTO A MORE RATIONAL PATIENT-CENTERED CARE SYSTEM THAT PROMOTES POPULATION HEALTH AND IMPROVED WELL-BEING FOR ALL NEW YORKERS. 2. FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, FUNDS MADE AVAILABLE FOR EXPENDI- TURE PURSUANT TO THIS SECTION MAY BE DISTRIBUTED BY THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR CAPITAL GRANTS TO GENERAL HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS, AND CLINICS LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW (COLLECTIVELY, "GRANTEES"), FOR CAPITAL WORKS OR PURPOSES THAT SUPPORT THE PURPOSES SET FORTH IN THIS SECTION. SUCH CAPITAL WORKS OR PURPOSES MAY INCLUDE BUT ARE NOT LIMITED TO CLOSURES, MERGERS, RESTRUCTURING, IMPROVEMENTS TO INFRASTRUCTURE, DEVELOPMENT OF PRIMARY CARE SERVICE CAPACITY, AND PROMOTION OF INTEGRATED DELIVERY SYSTEMS THAT STRENGTHEN AND PROTECT CONTINUED ACCESS TO ESSENTIAL HEALTH CARE SERVICES. 3. THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY SHALL ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE DIRECTOR OF THE BUDGET, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND ADMINISTERING THE FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH AGREEMENT SHALL INCLUDE CRITERIA PERTAINING TO THE EVALUATION OF APPLICATIONS AND DETERMINATION OF AWARDS FOR FUNDS MADE AVAILABLE FOR THE PURPOSES OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO: S. 6358--A 13 A. 8558--A (A) ELIGIBILITY REQUIREMENTS FOR APPLICANTS; (B) STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS; (C) MINIMUM AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE PROGRAM; (D) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND IDENTIFIED COMMUNITY NEED; (E) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE FINANCING; AND (F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE PURPOSES SET FORTH IN THIS SECTION. IN EVALUATING SUCH APPLICATIONS AND MAKING AWARD DETERMINATIONS, PREF- ERENCE WILL BE GIVEN TO: (I) THOSE APPLICANTS THAT HAVE BEEN DEEMED ELIGIBLE FOR NEW YORK'S MEDICAID REDESIGN TEAM WAIVER DELIVERY SYSTEM REFORM INCENTIVE PAYMENT PROGRAM (DSRIP), IN WHICH CASE SUCH APPLICATION SHALL BE COORDINATED WITH THE APPLICANT'S DSRIP APPLICATION, AND (II) OTHER TRANSFORMATIONAL PROGRAMS AS DETERMINED BY THE COMMISSIONER. S 9. Intentionally omitted. S 10. Paragraph (c) of subdivision 1 of section 2815 of the public health law, as added by chapter 639 of the laws of 1996, is amended to read as follows: (c) "Participating [general hospital] BORROWER" shall mean a not-for- profit general hospital, A NOT-FOR-PROFIT DIAGNOSTIC CENTER, A NOT-FOR- PROFIT TREATMENT CENTER, A NOT-FOR-PROFIT RESIDENTIAL HEALTH CARE FACIL- ITY OR ANY OTHER NOT-FOR-PROFIT ENTITY IN POSSESSION OF A VALID OPERATING CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE, EACH organized under the laws of this state, which has been approved for participation in this program by the commissioner. S 11. Paragraphs (b), (c), and (d) of subdivision 3 and subdivisions 3-a, 4, 5, and 6 of section 2815 of the public health law, as added by chapter 639 of the laws of 1996, subdivision 3-a as added by chapter 1 of the laws of 1999, are amended to read as follows: (b) for the development and implementation of business plans for participating [general hospitals] BORROWERS, addressing the development of service delivery strategies, including strategies for the formation or strengthening of networks, affiliations or other business combina- tions, designed to provide long-term financial stability within and among participating [general hospitals] BORROWERS; (c) for the expenditure or loan of funds by the authority from the restructuring pool to reimburse the authority or the agency, where appropriate, for the costs of engaging management, legal or accounting consultants to identify, develop and implement improved strategies for one or more participating [general hospitals] BORROWERS for implementing the recommendations of such consultants, where appropriate, and for the payment of debt service on bonds, notes or other obligations issued or incurred by the authority or the agency to fund loans to one or more participating [general hospitals] BORROWERS; (d) for assurances that participating [general hospitals] BORROWERS will address the recommendations of such consultants and furnish the commissioner, the authority, and where applicable, the agency, with such additional financial, management, legal and operational information as each may deem necessary to monitor the performance of a participating [general hospital] BORROWER; and 3-a. Any participating [general hospital] BORROWER may apply for restructuring pool funds to the extent such funds are derived from deposits made pursuant to paragraph (d) of subdivision one of section twenty-eight hundred seven-l of this article, provided, however, that, S. 6358--A 14 A. 8558--A in reviewing such applications, the commissioner and the authority shall consider the extent to which the applicant hospital has alternative available sources of funds, including, but not limited to, funds avail- able through affiliation agreements with other hospitals OR ENTITIES. 4. To the extent funds are available from a participating [general hospital] BORROWER therefor, expenditures from the restructuring pool shall be repaid to the restructuring pool from repayments received by the authority, or the agency where applicable, from a participating [general hospital] BORROWER pursuant to the terms of any financing agreement, mortgage or loan document permitting the recovery from the participating [general hospital] BORROWER of such expenditures. The authority shall record and account for all such payments, which shall be deposited in the restructuring pool. 5. Loans from the restructuring pool shall be made pursuant to an agreement with the participating [general hospital] BORROWER specifying the terms thereof, including repayment terms. The authority shall record and account for all such repayments, which shall be deposited in the restructuring pool. The authority shall notify the chair of the senate finance committee, the director of the division of budget, the chair of the assembly ways and means committee, five days prior to the making of a loan from the restructuring pool. The authority shall also report quarterly to such chairpersons on the transactions in the pool, includ- ing but not limited to deposits to the pool, loans made from the pool, investment income, and the balance on hand as of the end of the month for each such quarter. 6. The commissioner is authorized, with the assistance and cooperation of the authority, to provide a program of technical assistance to participating [general hospitals] BORROWERS. S 12. Section 2801-a of the public health law is amended by adding a new subdivision 17 to read as follows: 17. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A PILOT PROGRAM TO ASSIST IN RESTRUCTURING HEALTH CARE DELIVERY SYSTEMS BY ALLOWING FOR INCREASED CAPITAL INVESTMENT IN HEALTH CARE FACILITIES. PURSUANT TO THE PILOT PROGRAM, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL APPROVE THE ESTABLISHMENT, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI- SION THREE OF THIS SECTION, OF NO MORE THAN FIVE BUSINESS CORPORATIONS FORMED UNDER THE BUSINESS CORPORATION LAW. SUCH BUSINESS CORPORATIONS SHALL AFFILIATE, THE EXTENT OF THE AFFILIATION TO BE DETERMINED BY THE COMMISSIONER, WITH AT LEAST ONE ACADEMIC MEDICAL INSTITUTION OR TEACHING HOSPITAL APPROVED BY THE COMMISSIONER. A BUSINESS CORPORATION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM IF THE NUMBER OF ITS STOCK HOLDERS EXCEEDS THIRTY-FIVE, OR IF ANY OF ITS STOCK, OR THAT OF ANY OF ITS DIRECT OR INDIRECT OWNERS, IS OR WILL BE TRADED ON A PUBLIC STOCK EXCHANGE OR ON AN OVER-THE-COUNTER MARKET. (B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BUSINESS CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED ELIGIBLE TO PARTICIPATE IN DEBT FINANCING PROVIDED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, LOCAL DEVELOPMENT CORPORATIONS AND ECONOMIC DEVELOPMENT CORPORATIONS. (C) THE FOLLOWING PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO BUSI- NESS CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION: (I) PARA- GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLD- ERS, OTHER THAN PRINCIPAL STOCKHOLDERS; (II) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; (III) PARAGRAPHS (D) AND (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK; AND (IV) PARAGRAPH (A) S. 6358--A 15 A. 8558--A OF SUBDIVISION THREE OF SECTION FOUR THOUSAND FOUR OF THIS CHAPTER, RELATING TO THE OWNERSHIP OF STOCK. NOTWITHSTANDING THE FOREGOING, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY REQUIRE THE DISCLOSURE OF THE IDENTITY OF STOCKHOLDERS. (D) THE CORPORATE POWERS AND PURPOSES OF A BUSINESS CORPORATION ESTAB- LISHED AS AN OPERATOR PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO THE OWNERSHIP AND OPERATION, OR OPERATION, OF A HOSPITAL OR HOSPITALS SPECIFICALLY NAMED AND THE LOCATION OR LOCATIONS OF WHICH ARE SPECIF- ICALLY DESIGNATED BY STREET ADDRESS, CITY, TOWN, VILLAGE OR LOCALITY AND COUNTY; PROVIDED, HOWEVER, THAT THE CORPORATE POWERS AND PURPOSES MAY ALSO INCLUDE THE OWNERSHIP AND OPERATION, OR OPERATION, OF A CERTIFIED HOME HEALTH AGENCY OR LICENSED HOME CARE SERVICES AGENCY OR AGENCIES AS DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER OR A HOSPICE OR HOSPICES AS DEFINED IN ARTICLE FORTY OF THIS CHAPTER, IF THE CORPORATION HAS RECEIVED ALL APPROVALS REQUIRED UNDER SUCH LAW TO OWN AND OPERATE, OR OPERATE, SUCH HOME CARE SERVICES AGENCY OR AGENCIES OR HOSPICE OR HOSPICES. SUCH CORPORATE POWERS AND PURPOSES SHALL NOT BE MODIFIED, AMENDED OR DELETED WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER. (E) (1) IN DISCHARGING THE DUTIES OF THEIR RESPECTIVE POSITIONS, THE BOARD OF DIRECTORS, COMMITTEES OF THE BOARD AND INDIVIDUAL DIRECTORS AND OFFICERS OF A BUSINESS CORPORATION ESTABLISHED PURSUANT TO THIS SUBDIVI- SION SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON: (A) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE; (B) THE SHAREHOLDERS OF THE BUSINESS CORPORATION; (C) THE EMPLOYEES AND WORKFORCE OF THE BUSINESS; (D) THE INTERESTS OF PATIENTS OF THE HOSPITAL OR HOSPITALS; (E) COMMUNITY AND SOCIETAL CONSIDERATIONS, INCLUDING THOSE OF ANY COMMUNITY IN WHICH FACILITIES OF THE CORPORATION ARE LOCATED; (F) THE LOCAL AND GLOBAL ENVIRONMENT; AND (G) THE SHORT-TERM AND LONG-TERM INTERESTS OF THE CORPORATION, INCLUD- ING BENEFITS THAT MAY ACCRUE TO THE CORPORATION FROM ITS LONG-TERM PLANS. (2) THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED BY PARAGRAPH ONE OF THIS PARAGRAPH: (A) SHALL NOT CONSTITUTE A VIOLATION OF THE PROVISIONS OF SECTION SEVEN HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO- RATION LAW; AND (B) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO CONSIDER INTERESTS AND FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI- NESS CORPORATION LAW. (F) A SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI- TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE CORPORATION SHALL NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE COMMISSIONER. (G) NO LATER THAN TWO YEARS AFTER THE ESTABLISHMENT OF A BUSINESS CORPORATION UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE GOVERNOR, THE MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY WITH A WRITTEN EVALUATION OF THE PILOT PROGRAM. SUCH EVALUATION SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THE PROGRAM IN ALLOWING FOR ACCESS TO CAPITAL INVESTMENT IN HEALTH CARE FACILITIES AND THE IMPACT SUCH ACCESS MAY HAVE ON THE QUALITY OF CARE PROVIDED BY HOSPITALS OPER- ATED BY BUSINESS CORPORATIONS ESTABLISHED UNDER THIS SUBDIVISION. S 13. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW S. 6358--A 16 A. 8558--A FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A HOSPITAL OR HOSPITALS. S 14. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A HOSPITAL OR HOSPITALS. S 15. Subdivisions 1, 2 and 3 of section 2802 of the public health law, subdivisions 1 and 2 as amended by section 58 of part A of chapter 58 of the laws of 2010, subdivision 3 as amended by chapter 609 of the laws of 1982 and paragraph (e) of subdivision 3 as amended by chapter 731 of the laws of 1993, are amended to read as follows: 1. An application for such construction shall be filed with the department, together with such other forms and information as shall be prescribed by, or acceptable to, the department. Thereafter the depart- ment shall forward a copy of the application and accompanying documents to the public health and health planning council, and the health systems agency, if any, having geographical jurisdiction of the area where the hospital is located. 2. The commissioner shall not act upon an application for construction of a hospital until the public health and health planning council and the health systems agency have had a reasonable time to submit their recommendations, and unless (a) the applicant has obtained all approvals and consents required by law for its incorporation or establishment (including the approval of the public health and health planning council pursuant to the provisions of this article) provided, however, that the commissioner may act upon an application for construction by an appli- cant possessing a valid operating certificate when the application qual- ifies for review without the recommendation of the council pursuant to regulations adopted by the council and approved by the commissioner; and (b) the commissioner is satisfied as to the public need for the construction, at the time and place and under the circumstances proposed, provided however that[,] in the case of an application by a hospital established or operated by an organization defined in subdivi- sion one of section four hundred eighty-two-b of the social services law, the needs of the members of the religious denomination concerned, for care or treatment in accordance with their religious or ethical convictions, shall be deemed to be public need[.]; AND FURTHER PROVIDED THAT: (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREAT- MENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY TO PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED WITHOUT REGARD FOR PUBLIC NEED; OR (II) AN APPLICATION BY A GENERAL HOSPITAL OR A DIAGNOSTIC AND TREATMENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO UNDERTAKE CONSTRUCTION THAT DOES NOT INVOLVE A CHANGE IN CAPACITY, THE TYPES OF SERVICES PROVIDED, MAJOR MEDICAL EQUIPMENT, FACILITY REPLACEMENT, OR THE GEOGRAPHIC LOCATION OF SERVICES, MAY BE APPROVED WITHOUT REGARD FOR PUBLIC NEED. 3. Subject to the provisions of paragraph (b) of subdivision two OF THIS SECTION, the commissioner in approving the construction of a hospi- tal shall take into consideration and be empowered to request informa- tion and advice as to (a) the availability of facilities or services such as preadmission, ambulatory or home care services which may serve S. 6358--A 17 A. 8558--A as alternatives or substitutes for the whole or any part of the proposed hospital construction; (b) the need for special equipment in view of existing utilization of comparable equipment at the time and place and under the circumstances proposed; (c) the possible economies and improvements in service to be antic- ipated from the operation of joint central services including, but not limited to laboratory, research, radiology, pharmacy, laundry and purchasing; (d) the adequacy of financial resources and sources of future revenue, PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE ADEQUACY OF FINANCIAL RESOURCES AND SOURCES OF FUTURE REVENUE IN RELATION TO APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION; and (e) whether the facility is currently in substantial compliance with all applicable codes, rules and regulations, provided, however, that the commissioner shall not disapprove an application solely on the basis that the facility is not currently in substantial compliance, if the application is specifically: (i) to correct life safety code or patient care deficiencies; (ii) to correct deficiencies which are necessary to protect the life, health, safety and welfare of facility patients, residents or staff; (iii) for replacement of equipment that no longer meets the generally accepted operational standards existing for such equipment at the time it was acquired; and (iv) for decertification of beds and services. S 16. Subdivisions 1, 2 and 3 of section 2807-z of the public health law, as amended by chapter 400 of the laws of 2012, are amended to read as follows: 1. Notwithstanding any provision of this chapter or regulations or any other state law or regulation, for any eligible capital project as defined in subdivision six of this section, the department shall have thirty days [of] AFTER receipt of the certificate of need OR CONSTRUCTION application, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, for a limited or administrative review to deem such application complete. If the department determines the application is incomplete or that more information is required, the department shall notify the applicant in writing within thirty days of the date of the application's submission, and the applicant shall have twenty business days to provide additional information or otherwise correct the defi- ciency in the application. 2. For an eligible capital project requiring a limited or administra- tive review, within ninety days of the department deeming the applica- tion complete, the department shall make a decision to approve or disap- prove the certificate of need OR CONSTRUCTION application for such project. If the department determines to disapprove the project, the basis for such disapproval shall be provided in writing; however, disap- proval shall not be based on the incompleteness of the application. If the department fails to take action to approve or disapprove the appli- cation within ninety days of the certificate of need application being deemed complete, the application will be deemed approved. 3. For an eligible capital project requiring full review by the coun- cil, the certificate of need OR CONSTRUCTION application shall be placed on the next council agenda following the department deeming the applica- tion complete. S. 6358--A 18 A. 8558--A S 17. Section 2801-a of the public health law is amended by adding a new subdivision 3-b to read as follows: 3-B. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER TO THE CONTRARY, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE THE ESTABLISHMENT OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED OPERATING CERTIFICATES FOR THE PURPOSE OF PROVIDING PRIMARY CARE, AS DEFINED BY THE COMMISSIONER IN REGULATIONS, WITHOUT REGARD TO THE REQUIREMENTS OF PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. S 18. Subdivision 3 of section 2801-a of the public health law, as amended by section 57 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 3. The public health and health planning council shall not approve a certificate of incorporation, articles of organization or application for establishment unless it is satisfied, insofar as applicable, as to (a) the public need for the existence of the institution at the time and place and under the circumstances proposed, provided, however, that in the case of an institution proposed to be established or operated by an organization defined in subdivision one of section one hundred seventy- two-a of the executive law, the needs of the members of the religious denomination concerned, for care or treatment in accordance with their religious or ethical convictions, shall be deemed to be public need; (b) the character, competence, and standing in the community, of the proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS, stockholders, [members] PRINCIPAL STOCKHOLDERS or operators; with respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI- PAL MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator who is already or within the past [ten] SEVEN years has been an incorpora- tor, director, sponsor, member, principal stockholder, principal member, or operator of any hospital, private proprietary home for adults, resi- dence for adults, or non-profit home for the aged or blind which has been issued an operating certificate by the state department of social services, or a halfway house, hostel or other residential facility or institution for the care, custody or treatment of the mentally disabled which is subject to approval by the department of mental hygiene, no approval shall be granted unless the public health and health planning council, having afforded an adequate opportunity to members of health systems agencies, if any, having geographical jurisdiction of the area where the institution is to be located to be heard, shall affirmatively find by substantial evidence as to each such incorporator, director, sponsor, MEMBER, PRINCIPAL MEMBER, principal stockholder or operator that a substantially consistent high level of care is being or was being rendered in each such hospital, home, residence, halfway house, hostel, or other residential facility or institution with which such person is or was affiliated; for the purposes of this paragraph, the public health and health planning council shall adopt rules and regulations, subject to the approval of the commissioner, to establish the criteria to be used to determine whether a substantially consistent high level of care has been rendered, provided, however, that there shall not be a finding that a substantially consistent high level of care has been rendered where there have been violations of the state hospital code, or other applicable rules and regulations, that (i) threatened to directly affect the health, safety or welfare of any patient or resident, and (ii) were recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA- TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND HEALTH S. 6358--A 19 A. 8558--A PLANNING COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO THE ACTION OR INACTION OF SUCH PROPOSED INCORPORATOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERA- TOR DUE TO THE TIMING, EXTENT OR MANNER OF THE AFFILIATION; (c) the financial resources of the proposed institution and its sources of future revenues; and (d) such other matters as it shall deem pertinent. S 19. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the public health law, as amended by section 57 of part A of chapter 58 of the laws of 2010, are amended to read as follows: (b) [(i)] Any transfer, assignment or other disposition of ten percent or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part- nership or limited liability company, which is the] AN operator of a hospital to a new STOCKHOLDER, partner or member, OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF A DIRECT OR INDIRECT INTEREST OR VOTING RIGHTS OF SUCH AN OPERATOR WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS OF SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall be approved by the public health and health planning council, in accord- ance with the provisions of subdivisions two and three of this section, except that: (A) any such change shall be subject to the approval by the public health and health planning council in accordance with paragraph (b) of subdivision three of this section only with respect to the new STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners or members who have not been previously approved for that facility in accordance with such paragraph, and (B) such change shall not be subject to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF SUCH APPROVAL, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION. [(ii)] (C) (I) With respect to a transfer, assignment or disposition involving less than ten percent of [an] A DIRECT OR INDIRECT interest or voting rights in [such partnership or limited liability company] AN OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior approval of the public health and health planning council shall be required. However, no such transaction shall be effective unless at least ninety days prior to the intended effective date thereof, the [partnership or limited liability company] OPERATOR fully completes and files with the public health and health planning council notice on a form, to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction for any of the reasons set forth in item (A), (B), (C) or (D) below. Within ninety days from the date of receipt of such notice, the public health and health planning council may bar any transaction under this subparagraph: (A) if the equity position of the [partnership or limited liability company,] OPERATOR, determined in accordance with generally accepted accounting principles, would be reduced as a result of the transfer, assignment or disposition; (B) if the transaction would result in the ownership of a [partnership or membership] DIRECT OR INDIRECT interest OR VOTING RIGHTS by any persons who have been convicted of a felony described in subdivision five of section twenty-eight hundred six of this article; (C) if there are reasonable grounds to believe that the proposed transaction does not satisfy the character and competence criteria set forth in subdivision three of this section; or (D) UPON THE RECOMMENDATION OF THE COMMISSION- ER, if the transaction, together with all transactions under this S. 6358--A 20 A. 8558--A subparagraph for the [partnership] OPERATOR, or successor, during any five year period would, in the aggregate, involve twenty-five percent or more of the interest in the [partnership] OPERATOR. The public health and health planning council shall state specific reasons for barring any transaction under this subparagraph and shall so notify each party to the proposed transaction. [(iii) With respect to a transfer, assignment or disposition of an interest or voting rights in such partnership or limited liability company to any remaining partner or member, which transaction involves the withdrawal of the transferor from the partnership or limited liabil- ity company, no prior approval of the public health and health planning council shall be required. However, no such transaction shall be effec- tive unless at least ninety days prior to the intended effective date thereof, the partnership or limited liability company fully completes and files with the public health and health planning council notice on a form, to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction for the reason set forth below. Within ninety days from the date of receipt of such notice, the public health and health planning council may bar any transaction under this subparagraph if the equity position of the partnership or limited liability company, determined in accordance with generally accepted accounting principles, would be reduced as a result of the transfer, assignment or disposition. The public health and health planning council shall state specific reasons for barring any transaction under this subparagraph and shall so notify each party to the proposed transaction. (c) Any transfer, assignment or other disposition of ten percent or more of the stock or voting rights thereunder of a corporation which is the operator of a hospital or which is a member of a limited liability company which is the operator of a hospital to a new stockholder, or any transfer, assignment or other disposition of the stock or voting rights thereunder of such a corporation which results in the ownership or control of more than ten percent of the stock or voting rights there- under of such corporation by any person not previously approved by the public health and health planning council, or its predecessor, for that corporation shall be subject to approval by the public health and health planning council, in accordance with the provisions of subdivisions two and three of this section and rules and regulations pursuant thereto; except that: any such transaction shall be subject to the approval by the public health and health planning council in accordance with para- graph (b) of subdivision three of this section only with respect to a new stockholder or a new principal stockholder; and shall not be subject to paragraph (a) of subdivision three of this section. In the absence of such approval, the operating certificate of such hospital shall be subject to revocation or suspension.] (II) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or disposition of ten percent or more of [the stock] A DIRECT OR INDIRECT INTEREST or voting rights [thereunder of a corporation which is the] IN AN operator of a hospital [or which is a member of a limited liability company which is the owner of a hospital] to any person previously approved by the public health and health plan- ning council, or its predecessor, for that [corporation] OPERATOR. However, no such transaction shall be effective unless at least ninety days prior to the intended effective date thereof, the [stockholder] OPERATOR FULLY completes and files with the public health and health S. 6358--A 21 A. 8558--A planning council notice on forms to be developed by the public health and health planning council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the transaction. Such trans- action will be final as of the intended effective date unless, prior thereto, the public health and health planning council shall state specific reasons for barring such transactions under this paragraph and shall notify each party to the proposed transaction. Nothing in this paragraph shall be construed as permitting a person not previously approved by the public health and health planning council for that [corporation] OPERATOR to become the owner of ten percent or more of the [stock of a corporation which is] INTEREST OR VOTING RIGHTS, DIRECTLY OR INDIRECTLY, IN the operator of a hospital [or which is a member of a limited liability company which is the owner of a hospital] without first obtaining the approval of the public health and health planning council. S 20. Subdivision 1 of section 3611-a of the public health law, as amended by section 67 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 1. Any change in the person who, or any transfer, assignment, or other disposition of an interest or voting rights of ten percent or more, or any transfer, assignment or other disposition which results in the ownership or control of an interest or voting rights of ten percent or more, in a limited liability company or a partnership which is the oper- ator of a licensed home care services agency or a certified home health agency shall be approved by the public health and health planning coun- cil, in accordance with the provisions of subdivision four of section thirty-six hundred five of this article relative to licensure or subdi- vision two of section thirty-six hundred six of this article relative to certificate of approval, except that: (a) Public health and health planning council approval shall be required only with respect to the person, or the member or partner that is acquiring the interest or voting rights; and (b) With respect to certified home health agencies, such change shall not be subject to the public need assessment described in paragraph (a) of subdivision two of section thirty-six hundred six of this article. (c) IN THE ABSENCE OF SUCH APPROVAL, THE LICENSE OR CERTIFICATE OF APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION. (D) (I) No prior approval of the public health and health planning council shall be required with respect to a transfer, assignment or disposition of: [(i)] (A) an interest or voting rights to any person previously approved by the public health and health planning council, or its prede- cessor, for that operator; or [(ii)] (B) an interest or voting rights of less than ten percent in the operator. [However, no] (II) NO such transaction UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH shall be effective unless at least ninety days prior to the intended effective date thereof, the [partner or member] OPERATOR completes and files with the public health and health planning council notice on forms to be developed by the public health council, which shall disclose such information as may reasonably be necessary for the public health and health planning council to determine whether it should bar the trans- action. Such transaction will be final as of the intended effective date unless, prior thereto, the public health and health planning council S. 6358--A 22 A. 8558--A shall state specific reasons for barring such transactions under this paragraph and shall notify each party to the proposed transaction. S 21. Section 2801-a of the public health law is amended by adding a new subdivision 17 to read as follows: 17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE HEALTH CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHARMACY, A STORE OPEN TO THE GENERAL PUBLIC OR A SHOPPING MALL, OR WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS OF NEW YORK WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI- CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE IN DELIVERING HIGH QUALITY HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND TREATMENT CENTERS SHALL BE REFERRED TO IN THIS SECTION AS "LIMITED SERVICES CLINICS". FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED SERVICES CLINICS; PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDIRECT CHANGES OR TRANSFERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN SUCH ENTITIES OR THEIR STOCKHOLDERS OR MEMBERS, AS APPLICABLE, AND PROVIDE FOR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL APPROVAL OF ANY CHANGE IN CONTROLLING INTERESTS, PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS; (II) OVERSIGHT OF THE OPERATOR AND ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING LOCAL GOVERNANCE OF THE LIMITED SERVICES CLINICS; AND (III) RELATING TO THE CHARACTER AND COMPETENCE AND QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS AND OFFICERS OF THE OPERATOR AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS, PARENT COMPANY OR SPONSORS. (B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT- ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI- SION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND MEMBERS OTHER THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL MEMBERS; (III) PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP. (C) A LIMITED SERVICES CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP- TER. A PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW. (D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA- TIONAL AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING ACCREDI- TATION; DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED; PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE OR YOUNGER; THE PROVISION OF SPECIFIC IMMUNIZATIONS TO PATIENTS YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR GUIDE- LINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE OF OWNERSHIP INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY S. 6358--A 23 A. 8558--A OF CARE, CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS. S 22. The public health law is amended by adding a new section 230-e to read as follows: S 230-E. URGENT CARE. 1. DEFINITIONS. AS USED IN THIS SECTION: (A) "ACCREDITED STATUS" MEANS THE FULL ACCREDITATION BY SUCH NATIONAL- LY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE COMMISSIONER. (B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR LIFE-THREATENING OR POTENTIALLY DISABLING TRAUMA, BURNS, RESPIRATORY, CIRCULATORY OR OBSTETRICAL CONDITIONS. (C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE AUTHOR- IZED UNDER ARTICLES ONE HUNDRED THIRTY-ONE OR ONE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW. (D) "URGENT CARE" SHALL MEAN THE PROVISION OF TREATMENT ON AN UNSCHED- ULED BASIS TO PATIENTS FOR ACUTE EPISODIC ILLNESS OR MINOR TRAUMAS THAT ARE NOT LIFE-THREATENING OR POTENTIALLY DISABLING OR FOR MONITORING OR TREATMENT OVER PROLONGED PERIODS. (E) "URGENT CARE PROVIDER" SHALL MEAN A LICENSEE PRACTICE THAT ADVER- TISES OR HOLDS ITSELF OUT AS A PROVIDER OF URGENT CARE. 2. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE, ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF URGENT CARE THROUGH THE USE OF THE TERM URGENT CARE, OR THROUGH ANY OTHER TERM OR SYMBOL THAT IMPLIES THAT IT IS A PROVIDER OF URGENT CARE, UNLESS IT OBTAINS AND MAINTAINS FULL ACCREDITED STATUS AND OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS SECTION AND REGULATIONS PROMULGATED HEREUNDER. 3. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE, ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF EMERGENCY MEDICAL CARE THROUGH THE USE OF THE TERM EMERGENCY, OR THROUGH ANY OTHER TERM OR SYMBOL THAT IMPLIES THAT IT IS A PROVIDER OF EMERGENCY MEDICAL CARE, REGARDLESS OF WHETHER IT IS AN URGENT CARE PROVIDER ACCREDITED UNDER THIS SECTION. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A HOSPITAL ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER FROM PROVIDING URGENT CARE OR EMERGENCY MEDICAL CARE OR FROM DISPLAYING SIGNAGE, ADVER- TISING OR HOLDING ITSELF OUT AS A PROVIDER OF URGENT OR EMERGENCY CARE PURSUANT TO REGULATIONS PROMULGATED UNDER THAT ARTICLE. 5. THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, BY A MAJORITY VOTE OF ITS MEMBERS, SHALL ADOPT AND AMEND RULES AND REGULATIONS, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, TO EFFECTUATE THE PURPOSES AND PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO DEFINING THE SCOPE OF SERVICES TO BE PROVIDED BY URGENT CARE PROVIDERS; REQUIRING URGENT CARE PROVIDERS TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES PROVIDED; AND ESTABLISHING STANDARDS FOR APPROPRIATE REFERRAL AND CONTI- NUITY OF CARE, STAFFING, EQUIPMENT, AND MAINTENANCE AND TRANSMISSION OF PATIENT RECORDS. SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED BY URGENT CARE PROVIDERS WITH THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS. THE COMMISSIONER SHALL ENFORCE SUCH RULES AND REGULATIONS AS S. 6358--A 24 A. 8558--A HE OR SHE MAY DEEM APPROPRIATE, TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 23. Section 230-d of the public health law, as added by chapter 365 of the laws of 2007, paragraph (i) of subdivision 1 as amended by chap- ter 438 of the laws of 2012, and subdivision 4 as amended by chapter 477 of the laws of 2008, is amended to read as follows: S 230-d. Office-based surgery AND OFFICE-BASED ANESTHESIA. 1. The following words or phrases, as used in this section shall have the following meanings: (a) "Accredited status" means the full accreditation by nationally-re- cognized accrediting agency(ies) determined by the commissioner. (b) "Adverse event" means (i) patient death within thirty days; (ii) unplanned transfer to a hospital OR EMERGENCY DEPARTMENT VISIT WITHIN SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY; (iii) unscheduled hospital admission OR ASSIGNMENT TO OBSERVATION SERVICES, within seventy-two hours of the office-based surgery, for longer than twenty-four hours; or (iv) any other serious or life-threatening event. (c) "Deep sedation" means a drug-induced depression of consciousness during which (i) the patient cannot be easily aroused but responds purposefully following repeated painful stimulation; (ii) the patient's ability to maintain independent ventilatory function may be impaired; (iii) the patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate; and (iv) the patient's cardiovascular function is usually maintained without assistance. (d) "General anesthesia" means a drug-induced depression of conscious- ness during which (i) the patient is not arousable, even by painful stimulation; (ii) the patient's ability to maintain independent ventila- tory function is often impaired; (iii) the patient, in many cases, often requires assistance in maintaining a patent airway and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function; and (iv) the patient's cardiovascular function may be impaired. (e) "Moderate sedation" means a drug-induced depression of conscious- ness during which (i) the patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation; (ii) no interventions are required to maintain a patent airway; (iii) sponta- neous ventilation is adequate; and (iv) the patient's cardiovascular function is usually maintained without assistance. (f) "Minimal sedation" means a drug-induced state during which (i) patients respond normally to verbal commands; (ii) cognitive function and coordination may be impaired; and (iii) ventilatory and cardiovascu- lar functions are unaffected. (g) "Minor procedures" means (i) procedures that can be performed safely with a minimum of discomfort where the likelihood of compli- cations requiring hospitalization is minimal; (ii) procedures performed with local or topical anesthesia; or (iii) liposuction with removal of less than 500 cc of fat under unsupplemented local anesthesia. (h) "Office-based surgery" means any surgical or other invasive proce- dure, requiring general anesthesia, NEURAXIAL ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, moderate sedation, or deep sedation, and any liposuction procedure, where such surgical or other invasive procedure or liposuction is performed by a licensee in a location other than a hospital, as such term is defined in article twen- ty-eight of this chapter, excluding minor procedures and procedures requiring minimal sedation. S. 6358--A 25 A. 8558--A (i) "Licensee" shall mean an individual licensed or otherwise author- ized under article one hundred thirty-one, one hundred thirty-one-B[, individuals who have obtained an issuance of a privilege to perform podiatric standard or advanced ankle surgery pursuant to subdivisions one and two of section seven thousand nine] OR ONE HUNDRED FORTY-ONE of the education law. (J) "MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS" MEANS TYPES OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED TO A LARGE AREA OF THE EXTREMITY BY ADMINISTRATION OF MEDICATION AROUND THE NERVES SUPPLYING THAT REGION OF THE EXTREMITY. (K) "NEURAXIAL ANESTHESIA" MEANS A FORM OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED BY ADMINISTRATION OF MEDICA- TION INTO THE EPIDURAL SPACE OR SPINAL CANAL. (L) "OFFICE-BASED ANESTHESIA" MEANS GENERAL ANESTHESIA, NEURAXIAL ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, MODER- ATE SEDATION OR DEEP SEDATION WHERE SUCH ANESTHESIA IS ADMINISTERED BY A LICENSEE IN A LOCATION OTHER THAN A HOSPITAL, AS SUCH TERM IS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER. 2. Licensee practices in which office-based surgery OR OFFICE-BASED ANESTHESIA is performed shall obtain and maintain full accredited status AND REGISTER WITH THE DEPARTMENT. 3. A licensee may only perform office-based surgery OR OFFICE-BASED ANESTHESIA in a setting that has obtained and maintains full accredited status AND IS REGISTERED WITH THE DEPARTMENT. 4. Licensees shall report adverse events to the department's patient safety center within [one] THREE business [day] DAYS of the occurrence of such adverse event. Licensees shall also report any suspected health care disease transmission originating in their practices to the patient safety center within [one] THREE business [day] DAYS of becoming aware of such suspected transmission. For purposes of this section, health care disease transmission shall mean the transmission of a reportable communicable disease that is blood borne from a health care professional to a patient or between patients as a result of improper infection control practices by the health care professional. LICENSEES SHALL REPORT TO THE DEPARTMENT DATA AS DEFINED BY THE DEPARTMENT. The reported data shall be subject to all confidentiality provisions provided by section twenty-nine hundred ninety-eight-e of this chapter. 4-A. OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA SHALL BE LIMITED TO OPERATIONS AND PROCEDURES WITH AN EXPECTED DURATION OF NO MORE THAN SIX HOURS AND EXPECTED APPROPRIATE AND SAFE DISCHARGE WITHIN SIX HOURS. 5. The commissioner shall make, adopt, promulgate and enforce such rules and regulations, as he or she may deem appropriate, to effectuate the purposes of this section. Where any rule or regulation under this section would affect the scope of practice of a health care practitioner licensed, registered or certified under title eight of the education law other than those licensed under articles one hundred thirty-one or one hundred thirty-one-B of the education law, the rule or regulation shall be made with the concurrence of the commissioner of education. S 24. Subdivision 1 of section 2998-e of the public health law, as added by chapter 365 of the laws of 2007, is amended to read as follows: 1. The commissioner shall enter into agreements with accrediting agen- cies pursuant to which the accrediting agencies shall UTILIZE AMERICAN BOARD OF MEDICAL SPECIALTIES (ABMS) CERTIFICATION, HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY OF PRACTITIONERS TO PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANESTHESIA, CARRY OUT SURVEYS OR COMPLAINT/INCIDENT INVESTIGATIONS UPON DEPARTMENT REQUEST AND S. 6358--A 26 A. 8558--A SHALL report, at a minimum, [aggregate data on adverse events] FINDINGS OF SURVEYS AND COMPLAINT/INCIDENT INVESTIGATIONS, AND DATA for all office-based surgical AND OFFICE-BASED ANESTHESIA practices accredited by the accrediting agencies to the department. The department may disclose reports of aggregate data to the public. S 25. Subdivision 4 of section 2951 of the public health law is REPEALED. S 26. Section 2956 of the public health law is REPEALED. S 27. Section 4310 of the public health law, as amended by chapter 639 of the laws of 2006, the section heading as separately amended by chap- ter 640 of the laws of 2006, subdivisions 1 and 3 as amended by chapter 158 of the laws of 2012, subdivision 2 as separately amended by chapters 158 and 465 of the laws of 2012, is amended to read as follows: S 4310. New York state donate life registry for organ, EYE and tissue donations. 1. The department shall establish an organ, EYE, and tissue donor registry, which shall be called and be referred to as the "donate life registry", WHICH SHALL PROVIDE A MEANS TO MAKE AND REGISTER A GIFT OF ORGANS, EYES AND TISSUES TO TAKE PLACE AFTER DEATH PURSUANT TO SECTION FORTY-THREE HUNDRED ONE OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF THIS ARTICLE. [Such] THE DONATE LIFE registry shall contain a listing of all donors who have declared their consent to make an anatomical gift. 2. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF SECTIONS ONE HUNDRED TWELVE OR ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, THE COMMIS- SIONER MAY ENTER INTO A CONTRACT FOR THE OPERATION AND PROMOTION OF THE DONATE LIFE REGISTRY SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE CONTAINED WITHIN SUCH CONTRACT WITH A NOT-FOR-PROFIT ORGANIZATION THAT HAS EXPERIENCE WORKING WITH ORGAN, EYE AND TISSUE PROCUREMENT ORGANIZA- TIONS, HAS EXPERTISE IN CONDUCTING ORGAN, EYE AND TISSUE DONOR PROMO- TIONAL CAMPAIGNS, AND IS AFFILIATED WITH THE ORGAN, EYE AND TISSUE DONATION COMMUNITY THROUGHOUT THE STATE. THE CONTRACTOR MAY SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT. ALL SUCH SUBCONTRACTORS AND THE TERMS OF SUCH SUBCONTRACTS SHALL BE SUBJECT TO APPROVAL BY THE COMMISSIONER. ANY APPLICABLE STATE AGENCY SHALL COOPER- ATE IN THE COLLECTION AND TRANSFER OF REGISTRANT DATA TO THE DONATE LIFE REGISTRY. 3. THE DUTIES OF THE CONTRACTOR SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE DONATE LIFE REGISTRY THAT INCLUDES ONLINE, MAILED AND OTHER FORMS OF ORGAN, EYE AND TISSUE DONOR REGISTRATION, VERIFICATION, AMENDMENT AND REVOCATION; (B) PREPARATION AND SUBMISSION OF A PLAN TO ENCOURAGE ORGAN DONATION THROUGH EDUCATION AND MARKETING EFFORTS AND OTHER RECOMMENDATIONS THAT WOULD STREAMLINE AND ENHANCE THE COST-EFFECTIVE OPERATION OF THE DONATE LIFE REGISTRY; AND (C) PROVISION OF WRITTEN OR ELECTRONIC NOTIFICATION OF REGISTRATION IN THE DONATE LIFE REGISTRY TO AN INDIVIDUAL ENROLLING IN THE DONATE LIFE REGISTRY; AND (D) PREPARATION AND SUBMISSION OF AN ANNUAL WRITTEN REPORT TO THE DEPARTMENT. SUCH REPORT SHALL INCLUDE: (I) A PERFORMANCE MATRIX INCLUDING THE NUMBER OF REGISTRANTS ON THE DONATE LIFE REGISTRY AND AN ANALYSIS OF THE REGISTRATION RATES, INCLUD- ING BUT NOT LIMITED TO, LOCATION, METHOD OF REGISTRATION, DEMOGRAPHIC, AND STATE COMPARISONS; (II) THE CHARACTERISTICS OF REGISTRANTS AS DETERMINED FROM THE DONATE LIFE REGISTRY INFORMATION; S. 6358--A 27 A. 8558--A (III) THE ANNUAL DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED BY THE CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE DONATE LIFE REGISTRY AND/OR EDUCATIONAL AND PROMOTIONAL CAMPAIGNS AND INITIATIVES; (IV) A DESCRIPTION OF THE PROMOTIONAL CAMPAIGNS AND INITIATIVES IMPLE- MENTED DURING THE YEAR; AND (V) ACCOUNTING STATEMENTS OF EXPENDITURES FOR THE PURPOSES OF MAIN- TAINING THE DONATE LIFE REGISTRY AND PROMOTIONAL CAMPAIGNS AND INITI- ATIVES. 4. PAYMENTS TO THE CONTRACTOR FOR THE OPERATION OF THE DONATE LIFE REGISTRY SHALL BE PAID BY THE DEPARTMENT FROM FUNDS AVAILABLE FOR THESE PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE FUNDS DEPOSITED INTO THE LIFE PASS IT ON TRUST FUND PURSUANT TO SECTION NINETY-FIVE-D OF THE STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS OF TWO THOUSAND THREE, WHICH ARE DESIGNATED FOR MAINTAINING AND OPERAT- ING THE DONATE LIFE REGISTRY AS DEEMED APPROPRIATE BY THE COMMISSIONER. IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE VOLUNTARY CONTRIBUTIONS. 5. (A) Such ORGAN, EYE AND TISSUE registration [of consent to make an anatomical gift] can be made through [(a)]: (I) indication made on the application or renewal form of a DRIVER'S license, [(b)] (II) indication made on a non-driver identification card application or renewal form, [(c) enrolling in the registry website maintained by the department, which may include using an electronic signature subject to article three of the state technology law, (d)] (III) indication made on a voter registration form pursuant to subdivision five of section 5-210 of the election law, (IV) ENROLLMENT THROUGH THE DONATE LIFE REGISTRY WEBSITE, (V) PAPER ENROLLMENT SUBMITTED TO THE DONATE LIFE REGISTRY, or [(e)] (VI) through any other method identified by the commissioner. Where required by law for consent forms described in [paragraphs (a) and (b)] SUBPARAGRAPHS (I) AND (II) of this [subdivision] PARAGRAPH, the commis- sioner shall ensure that space is provided on any consent form so that the applicant shall register or decline registration in the donate life registry for organ, EYE and tissue donations under this section and that the following is stated on the form in clear and conspicuous type: "You must fill out the following section: Would you like to be added to the Donate Life Registry? Check box for 'yes' or 'skip this ques- tion'." The commissioner shall not maintain records of any person who checks "skip this question". Failure to check a box shall not impair the valid- ity of an application, and failure to check "yes" or checking "skip this question" shall not be construed to imply a wish not to donate. In the case of an applicant under eighteen years of age, checking "yes" shall not constitute consent to make an anatomical gift or registration in the donate life registry. Where an applicant has previously consented to make an anatomical gift or registered in the donate life registry, checking "skip this question" or failing to check a box shall not impair that consent or registration. ENROLLMENT THROUGH THE DONATE LIFE REGIS- TRY WEBSITE THROUGH ANY OF THE MEANS LISTED ABOVE MAY BE SIGNED BY ELEC- TRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUITABLE MECHANISMS TO PROVIDE CONFIDENCE IN THE IDENTITY OF THE PERSON PROVIDING THE ELECTRON- IC SIGNATURE. The registration shall take effect upon the provision of written or electronic notice of the registration to the [person] INDI- VIDUAL enrolling in the DONATE LIFE registry. [3. (a) Information contained in the registry shall be accessible to (i) federally designated organ procurement organizations, (ii) eye and tissue banks licensed by the department pursuant to article S. 6358--A 28 A. 8558--A forty-three-B of this chapter, and (iii) any other entity formally approved by the commissioner. (b) The information contained in the registry shall not be released to any person except as expressly authorized by this section solely for the purpose of identifying potential organ and tissue donors at or near the time of death. 4. If the department had an established registry prior to the effec- tive date of this section, it shall be deemed to meet the requirements of this section. 5. The registry shall provide persons enrolled the opportunity to specify which organs and tissues they want to donate and if the donation can be used for transplantation, research, or both.] (B) AMENDMENTS OR REVOCATIONS FROM THE DONATE LIFE REGISTRY MAY BE MADE BY THE FOLLOWING, SUBJECT TO THE REQUIREMENTS OF THE COMMISSIONER: (I) REGISTRANTS SUBMITTING A REQUEST IN WRITING TO THE DONATE LIFE REGISTRY; OR (II) REGISTRANTS SUBMITTING A REQUEST ELECTRONICALLY THROUGH THE DONATE LIFE REGISTRY WEBSITE. (C) REMOVAL FROM THE DONATE LIFE REGISTRY SHALL NOT BE DEEMED A REFUSAL OF ANY OTHER OR FUTURE ANATOMICAL GIFT. (D) THE DONATE LIFE REGISTRY SHALL PROVIDE INDIVIDUALS ENROLLED THE OPPORTUNITY TO SPECIFY WHICH ORGANS AND TISSUES THEY WANT TO DONATE AND IF THE DONATION MAY BE USED FOR TRANSPLANTATION, RESEARCH, OR BOTH. 6. [A person] AN INDIVIDUAL registered in the [organ and tissue] DONATE LIFE registry before the effective date of this subdivision shall be deemed to have expressed intent to donate, until and unless he or she files an amendment to his or her registration or a new registration expressing consent to donate. 7. [The commissioner shall contact each person registered before the effective date of this subdivision in the organ and tissue registry in writing to inform him or her that at the time he or she registered, the registry was that of intent and that the registry is now one of consent, to explain in clear and understandable terms the difference between intent and consent, and to provide opportunity for the person to change his or her registration to provide consent by amending his or her current registration or executing a new registration.] (A) THE DONATE LIFE REGISTRY SHALL BE MAINTAINED IN A MANNER THAT ALLOWS IMMEDIATE ACCESS TO ORGAN, EYE AND TISSUE DONATION RECORDS TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK TO THE CONTRACTOR, THE DEPARTMENT, FEDERALLY DESIGNATED ORGAN PROCUREMENT ORGANIZATIONS, LICENSED EYE AND TISSUE BANKS, AND SUCH OTHER ENTITIES WHICH MAY BE APPROVED BY THE DEPARTMENT FOR ACCESS. ACCESS SHALL BE AVAILABLE, TO THE EXTENT PRACTICABLE, TO REGISTRANTS TO CONFIRM THE ACCURACY AND VALIDITY OF THEIR REGISTRATION AND TO AMEND OR REVOKE THEIR REGISTRATION, SUBJECT TO REASONABLE PROCE- DURES TO VERIFY IDENTITY. (B) ACCESS TO THE DONATE LIFE REGISTRY SHALL HAVE SECURITY MEASURES SET FORTH IN THE CONTRACT TO PROTECT THE INTEGRITY OF THE IDENTIFIABLE DATA IN THE DONATE LIFE REGISTRY, WHICH MAY ONLY BE ACCESSED BY THE PARTIES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION AND ONLY FOR THE PURPOSES OF DETERMINING DONOR STATUS AT OR NEAR THE TIME OF DEATH OF AN INDIVIDUAL, BY THE DEPARTMENT FOR ANY PURPOSE, BY THE CONTRACTOR ONLY FOR PURPOSES OF QUALITY ASSESSMENT AND IMPROVEMENT, TECHNICAL SUPPORT AND DONOR SERVICES, OR BY INDIVIDUAL REGISTRANTS FOR THE PURPOSES OF CONFIRMING THE ACCURACY AND VALIDITY OF THEIR REGISTRATION OR MAKING, AMENDING OR REVOKING THEIR REGISTRATION. S. 6358--A 29 A. 8558--A (C) DE-IDENTIFIED INFORMATION MAY BE ACCESSED BY THE ENTITIES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION OR THEIR DESIGNEES FOR PURPOSES OF ANALYSIS, PROMOTION, EDUCATION, QUALITY IMPROVEMENT AND TECHNICAL SUPPORT. 8. The commissioner is authorized to promulgate rules and regulations necessary to implement the provisions of this section. 9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER, THE DEPARTMENT, AND ITS EMPLOYEES OR AGENTS, OTHER THAN THOSE OF THE CONTRACTOR, SHALL NOT BE SUBJECT TO ANY LIABILITY WHATSOEVER FOR ANY DAMAGES OR OTHER HARM ARISING FROM THE ACTIONS OR INACTION OF THE CONTRACTOR. S 28. Section 6 of chapter 465 of the laws of 2012, amending the public health law and the vehicle and traffic law relating to establish- ing Lauren's law, is amended to read as follows: S 6. This act shall take effect one year after it shall have become a law; provided that the commissioners of health and motor vehicles may implement sections two, four and five of this act within their respec- tive jurisdictions before that date[; and provided, further, that the provisions of this act shall expire and be deemed repealed three years after such effective date]. S 29. Subdivision 3 of section 95-d of the state finance law, as added by chapter 415 of the laws of 2003, is amended to read as follows: 3. Monies of the fund shall be expended [only for organ transplant research and education projects approved by the commissioner of health, or to provide grants to not-for-profit corporations in this state which are incorporated for the purpose of increasing and promoting organ and tissue donation awareness] TO SUPPORT THE MAINTENANCE AND OPERATION OF THE DONATE LIFE REGISTRY, IN ACCORDANCE WITH THE PROVISIONS OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC HEALTH LAW. S 30. Section 461-b of the social services law is amended by adding two new subdivisions 9 and 10 to read as follows: 9. (A) THE PRIOR WRITTEN APPROVAL OF THE DEPARTMENT IS REQUIRED FOR: (I) ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF TEN PERCENT OR MORE OF AN INTEREST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY WHICH IS THE OPERATOR OF AN ADULT CARE FACILITY TO A NEW PARTNER, SHAREHOLDER OR MEMBER; OR (II) ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF INTEREST OR VOTING RIGHTS IN A PART- NERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY WHICH IS THE OPERATOR OF AN ADULT CARE FACILITY WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS THERE- UNDER BY ANY PERSON WHO HAS NOT BEEN PREVIOUSLY APPROVED BY THE DEPART- MENT FOR THAT OPERATOR. (B) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION INVOLVING LESS THAN TEN PERCENT OF AN INTEREST OR VOTING RIGHTS IN SUCH PARTNER- SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY TO A NEW PART- NER, SHAREHOLDER OR MEMBER, NO PRIOR APPROVAL OF THE DEPARTMENT SHALL BE REQUIRED. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND FILES WITH THE DEPARTMENT NOTICE ON A FORM, TO BE DEVEL- OPED BY THE DEPARTMENT, WHICH SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO DETERMINE WHETHER IT SHOULD PROHIBIT THE TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE, THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION UNDER THIS SUBPARAGRAPH IF IT FINDS: (I) THERE ARE REASONABLE GROUNDS TO BELIEVE THE PROPOSED TRANSACTION DOES NOT SATISFY THE CHARACTER AND S. 6358--A 30 A. 8558--A COMPETENCE REVIEW, AS MAY BE APPROPRIATE; OR (II) IF THE TRANSACTION, TOGETHER WITH ALL OTHER SUCH TRANSACTIONS DURING ANY FIVE YEAR PERIOD, WOULD IN THE AGGREGATE, INVOLVE TWENTY-FIVE PERCENT OR MORE OF THE INTEREST IN THE ENTITY THAT CONSTITUTES THE OPERATOR. THE DEPARTMENT SHALL STATE THE SPECIFIC REASONS FOR PROHIBITING ANY TRANSACTION UNDER THIS SUBPARAGRAPH AND SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANS- ACTION. (C) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION OF AN INTER- EST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY TO ANY EXISTING PARTNER, SHAREHOLDER OR MEMBER, NO PRIOR APPROVAL OF THE DEPARTMENT SHALL BE REQUIRED. HOWEVER, IF THE TRANSACTION INVOLVES THE WITHDRAWAL OF THE TRANSFEROR FROM THE PARTNER- SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY, NO SUCH TRANS- ACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND FILES WITH THE DEPART- MENT NOTICE OF SUCH TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE, THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION UNDER THIS PARAGRAPH IF THE EQUITY POSITION OF THE PARTNERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY, DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, WOULD BE REDUCED AS A RESULT OF THE TRANSFER, ASSIGNMENT OR DISPOSITION. THE DEPARTMENT SHALL STATE THE SPECIFIC REASON FOR PROHIBITING ANY TRANSACTION UNDER THIS PARAGRAPH AND SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANSACTION. 10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART- MENT IS AUTHORIZED TO APPROVE A CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION FOR ESTABLISHMENT OF AN ADULT CARE FACILITY ON AN EXPE- DITED BASIS WHERE: (A) THE CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION REFLECTS SOLELY A CHANGE IN THE FORM OF THE BUSINESS ORGAN- IZATION OF AN EXISTING ENTITY WHICH HAD BEEN APPROVED BY THE DEPARTMENT TO OPERATE AN ADULT CARE FACILITY; (B) EVERY INCORPORATOR, STOCKHOLDER, MEMBER AND DIRECTOR OF THE NEW ENTITY SHALL HAVE BEEN AN OWNER, PARTNER, INCORPORATOR, STOCKHOLDER, MEMBER OR DIRECTOR OF THE EXISTING ENTITY; (C) THE DISTRIBUTION OF OWNERSHIP INTERESTS AND VOTING RIGHTS IN THE NEW ENTITY SHALL BE THE SAME AS IN THE EXISTING ENTITY; AND (D) THERE SHALL BE NO CHANGE IN THE OPERATOR OF THE ADULT CARE FACILITY OTHER THAN THE FORM OF ITS BUSINESS ORGANIZATION, AS A RESULT OF THE APPROVAL OF SUCH CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION. UPON SUBMISSION, IF THE DEPARTMENT DOES NOT OBJECT TO THE PROPOSAL WITHIN NINETY DAYS OF THE RECEIPT OF A COMPLETE APPLICATION, THE PROPOSAL WILL BE DEEMED ACCEPTABLE TO THE DEPARTMENT AND AN AMENDED OPERATING CERTIF- ICATE SHALL BE ISSUED. S 31. Subdivisions 1 and 2 of section 461-k of the social services law, as added by chapter 779 of the laws of 1986, are amended to read as follows: 1. (a) "Services for non-residents in adult homes, residences for adults and enriched housing programs" shall mean an organized program of services which the facility is authorized to provide to residents of such facility but which are provided to non-residents for the purpose of restoring, maintaining or developing the capacity of aged or disabled persons to remain in or return to the community. Such services may include but shall not be limited to day programs and temporary residen- tial care as defined herein. A person participating in a program of services for non-residents in an adult care facility shall be considered a resident of the facility and shall be afforded all the rights and protections afforded residents of the facility under this chapter except S. 6358--A 31 A. 8558--A that the provisions of sections four hundred sixty-one-g and four hundred sixty-one-h of this title relating to termination of admission agreements shall not apply and that persons receiving services pursuant to this section shall not be considered to be receiving residential care as defined in section two hundred nine of this chapter for purposes of determining eligibility for and the amount of supplemental security income benefits and additional state payments. (b) "Day programs" shall mean an organized program for non-residents which shall include personal care, supervision and other adult services which the facility is authorized to provide to residents of such facili- ty which may include but are not limited to, activities, meals, informa- tion and referral, and transportation services, provided in an adult home, residence for adults or enriched housing program. (c) "Temporary residential care" shall mean the provision of temporary residential care of frail or disabled adults on behalf of or in the absence of the caregiver for up to [six weeks] ONE HUNDRED TWENTY DAYS in any twelve month period, provided in an adult home, residence for adults or enriched housing program. 2. A program to provide services for non-residents in an adult care facility may be established and operated in an adult home, residence for adults or enriched housing program provided that such facility has a current operating certificate issued in accordance with section four hundred sixty-one-b of this title. No operator may establish and operate a DAY program to provide services for non-residents, AS DEFINED IN SUBPARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, unless the operator has received the prior written approval of the department. The depart- ment shall grant such approval TO OPERATE A DAY PROGRAM only to those operators that are operating in compliance with applicable law and regu- lations. NO OPERATOR MAY PROVIDE TEMPORARY RESIDENTIAL CARE AS DEFINED IN SUBPARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, UNLESS THE OPER- ATOR HAS NOTIFIED THE DEPARTMENT OF ITS INTENT TO DO SO. S 32. Paragraph (a) of subdivision 3 of section 461-b of the social services law, as amended by chapter 591 of the laws of 1999, is amended to read as follows: (a) The department shall not approve an application for establishment of an adult care facility unless it is satisfied insofar as applicable, as to (i) the character, competence and standing in the community, of the applicant; provided, however, with respect to any such applicant who is already or within the past [ten] SEVEN years has been an incorpora- tor, director, sponsor, stockholder, operator, administrator, member or owner of any adult care facility which has been issued an operating certificate by the board or the department, or of a halfway house, hostel or other residential facility or of a program or facility licensed or operated by a health, mental hygiene, social services or education agency or department of this or any state, or a program serv- ing persons with mental disabilities, or other persons with disabilities as defined in subdivision twenty-one of section two hundred ninety-two of the executive law, the aged, children or other persons receiving health, mental hygiene, residential, social or educational services, no approval of such application shall be granted unless the department shall affirmatively find by substantial evidence as to each such appli- cant that a substantially consistent high level of care is being or was being rendered in each such facility or institution with which such person is or was affiliated; for the purposes of this paragraph, there may be a finding that a substantially consistent high level of care has been rendered where there have been violations of applicable rules and S. 6358--A 32 A. 8558--A regulations, that (1) did not threaten to directly affect the health, safety or welfare of any patient or resident, and (2) were promptly corrected and not recurrent; (ii) the financial resources of the proposed facility and its sources of future revenue; and (iii) such other matters as it shall deem pertinent. S 33. Subdivision 4 of section 4656 of the public health law, as added by chapter 2 of the laws of 2004, is amended to read as follows: 4. The department shall develop an expedited review and approval proc- ess FOR APPLICATIONS FOR UP TO NINE ADDITIONAL BEDS TO AN EXISTING ENHANCED OR SPECIAL NEEDS ASSISTED LIVING CERTIFICATE. S 34. Paragraph (b) of subdivision 5 of section 3610 of the public health law is REPEALED. S 35. Subdivision 2 of section 3610 of the public health law, as amended by section 65 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 2. A hospital, residential health care facility, or certified home health agency seeking authorization to provide a long term home health care program shall transmit to the commissioner an application setting forth the scope of the proposed program. Such application shall be in a format and shall be submitted in a quantity determined by the commis- sioner. The commissioner shall transmit the application to the public health and health planning council and to the health systems agency, if any, having geographic jurisdiction of the area where the proposed program is to be located. The application shall include a detailed description of the proposed program including, but not limited to, the following: (a) an outline of the institution's or agency's plans for the program; (b) the need for the proposed program; (c) the number and types of personnel to be employed; (d) the ability of the agency, hospital, or facility to provide the program; (e) the estimated number of visits to be provided; (f) the geographic area in which the proposed programs will be provided; (g) any special or unusual services, programs, or equipment to be provided; (h) a demonstration that the proposed program is feasible and adequate in terms of both short range and long range goals; (i) such other information as the commissioner may require. The health systems agency and the public health and health planning council shall review the application and submit their recommendations to the commissioner. At the time members of the public health and health planning council are notified that an application is scheduled for consideration, the applicant and the health systems agency shall be so notified in writing. The health systems agency or the public health and health planning council shall not recommend approval of the application unless it is satisfied as to: (a) the public need for the program at the time and place and under the circumstances proposed; (b) the financial resources of the provider of the proposed program and its sources of future revenues; (c) the ability of the proposed program to meet those standards estab- lished for participation as a home health agency under title XVIII of the federal Social Security Act; and (d) such other matters as it shall deem pertinent. S. 6358--A 33 A. 8558--A After receiving and considering the recommendations of the public health and health planning council and the health systems agency, the commissioner shall make his or her determination. The commissioner shall act upon an application after the public health and health planning council and the health systems agency have had a reasonable time to submit their recommendations. The commissioner shall not take any action contrary to the advice of either until he or she affords to either an opportunity to request a public hearing and, if so requested, a public hearing shall be held. The commissioner shall not approve the applica- tion unless he or she is satisfied as to the detailed description of the proposed program and (a) the public need for the existence of the program at the time and place and under the circumstances proposed; (b) the financial resources of the provider of the proposed program and its sources of future revenues; (c) the ability of the proposed program to meet those standards estab- lished for participation as a home health agency under title XVIII of the federal Social Security Act; and (d) such other matters as he or she shall deem pertinent. If the application is approved, the applicant shall be so notified in writing. The commissioner's written approval of the application shall constitute authorization to provide a long term home health care program. [In making his or her authorization, the commissioner shall stipulate the maximum number of persons which a provider of a long term home health care program may serve.] If the commissioner proposes to disapprove the application, he or she shall notify the applicant in writing, stating his or her reasons for disapproval, and afford the applicant an opportunity for a public hearing. S 36. Subdivision 9 of section 2803 of the public health law is REPEALED. S 37. Section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to particular provider pharmacies and prescription drug coverage, as amended by section 26 of part A of chapter 59 of the laws of 2011, is amended to read as follows: S 32. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided however, that sections one, six-a, nineteen, twenty, twenty-four, and twenty-five of this act shall take effect July 1, 2008; provided however that sections sixteen, seventeen and eighteen of this act shall expire April 1, [2014] 2017; provided, however, that the amendments made by section twenty-eight of this act shall take effect on the same date as section 1 of chapter 281 of the laws of 2007 takes effect; provided further, that sections twenty-nine, thirty, and thirty-one of this act shall take effect October 1, 2008; provided further, that section twen- ty-seven of this act shall take effect January 1, 2009; and provided further, that section twenty-seven of this act shall expire and be deemed repealed March 31, 2014; and provided, further, however, that the amendments to subdivision 1 of section 241 of the education law made by section twenty-nine of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith and provided that the amendments to section 272 of the public health law made by section thirty of this act shall not affect the repeal of such section and shall be deemed repealed therewith. S. 6358--A 34 A. 8558--A S 38. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2014; provided, however, that: (a) section one of this act shall take effect July 1, 2014; (b) section twenty-two of this act shall take effect July 1, 2014; provided, however, that subdivisions 2 and 3 of section 230-e of the public health law, as added by section twenty-two of this act, shall take effect January 1, 2016; (c) sections twenty-three and twenty-four of this act shall take effect one year after it shall have become a law; provided, however, that if chapter 438 of the laws of 2012 shall not have taken effect on or before such date then the amendments to paragraph (i) of subdivision 1 of section 230-d of the public health law made by section twenty-three of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2012 takes effect; and (d) the amendments to subdivisions 1 and 2 of section 461-k of the social services law made by section thirty-one of this act shall not affect the expiration of such section and shall be deemed to expire therewith. PART B Section 1. Subdivision 5 of section 168 of chapter 639 of the laws of 1996, constituting the New York Health Care Reform Act of 1996, as amended by section 1 of part C of chapter 59 of the laws of 2011, is amended to read as follows: 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, as amended or as added by this act, shall expire on December 31, [2014] 2017, and shall be thereafter effective only in respect to any act done on or before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public health law related to patient services provided before December 31, [2014] 2017, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S 2. Subdivision 1 of section 138 of chapter 1 of the laws of 1999, constituting the New York Health Care Reform Act of 2000, as amended by section 2 of part C of chapter 59 of the laws of 2011, is amended to read as follows: 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health law, as amended by this act, shall expire on December 31, [2014] 2017, and shall be thereafter effective only in respect to any act done before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public health law, as amended or added by this act, related to patient services provided before December 31, [2014] 2017, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; S. 6358--A 35 A. 8558--A S 3. The opening paragraph, subparagraph (xiv) and (xv) of paragraph (a), subparagraph (v) of paragraph (c) and paragraph (e) of subdivision 6 of section 2807-s of the public health law, the opening paragraph as amended by section 4 of part A3 of chapter 62 of the laws of 2003, subparagraphs (xiv) and (xv) of paragraph (a) as amended by section 5 of part C of chapter 59 of the laws of 2011, subparagraph (v) of paragraph (c) as amended by section 5-a of part C of chapter 59 of the laws of 2011 and paragraph (e) as amended by section 6 of part A3 of chapter 62 of the laws of 2003, subparagraphs (i) and (ii) of paragraph (e) as amended by section 5-b of part C of chapter 59 of the laws of 2011, are amended to read as follows: The amount allocated to each region for purposes of calculating the regional allowance percentage pursuant to this section for each year during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and the regional assessments pursuant to section twenty-eight hundred seven-t of this article for each year during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and for each year on and after January first, two thousand, shall be the sum of the factors computed in paragraphs (b), (d) and (f) of this subdivision, IF SUCH FACTORS ARE APPLICABLE TO A GIVEN YEAR, as follows: (xiv) A gross annual statewide amount for the period January first, two thousand nine through December thirty-first, two thousand [thirteen] FOURTEEN, shall be nine hundred forty-four million dollars. (xv) A gross ANNUAL statewide amount for the period January first, two thousand [fourteen] FIFTEEN through [March] DECEMBER thirty-first, two thousand [fourteen] SEVENTEEN, shall be [two hundred thirty-six] ONE BILLION FORTY-FIVE million dollars. (v) A further gross ANNUAL statewide amount for the period January first, two thousand fourteen through [March] DECEMBER thirty-first, two thousand fourteen, shall be [twenty-two] EIGHTY-NINE million [two hundred fifty thousand] dollars. (e) [(i)] A further gross annual statewide amount shall be twelve million dollars for each period prior to January first, two thousand [fourteen] FIFTEEN. [(ii) A further gross statewide amount for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen shall be three million dollars.] S 4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section 2807-s of the public health law, as added by section 30 of part H of chapter 59 of the laws of 2011, is amended to read as follows: (xiii) twenty-three million eight hundred thirty-six thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand [fourteen] SEVENTEEN; S 5. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of section 2807-j of the public health law, as amended by section 3 of part C of chapter 59 of the laws of 2011, are amended to read as follows: (iv) seven hundred sixty-five million dollars annually of the funds accumulated for the periods January first, two thousand through December thirty-first, two thousand [thirteen] SIXTEEN, and (v) one hundred ninety-one million two hundred fifty thousand dollars of the funds accumulated for the period January first, two thousand [fourteen] SEVENTEEN through March thirty-first, two thousand [fourteen] SEVENTEEN. S 6. Section 34 of part A3 of chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major S. 6358--A 36 A. 8558--A components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, as amended by section 4 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 34. (1) Notwithstanding any inconsistent provision of law, rule or regulation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated pursuant to section 2807-v of the public health law, including income from invested funds, for the purpose of payment for administrative costs of the department of health related to adminis- tration of statutory duties for the collections and distributions authorized by section 2807-v of the public health law. (2) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated and interest earned through surcharges on payments for health care services pursuant to section 2807-s of the public health law and from assessments pursuant to section 2807-t of the public health law for the purpose of payment for administrative costs of the department of health related to administration of statutory duties for the collections and distributions authorized by sections 2807-s, 2807-t, and 2807-m of the public health law. (3) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (a) of subdivision 1 of section 2807-l of the public health law for the purposes of payment for administrative costs of the depart- ment of health related to the child health insurance plan program authorized pursuant to title 1-A of article 25 of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, child health insurance account, established within the department of health. (4) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (e) of subdivision 1 of section 2807-l of the public health law for the purpose of payment for administrative costs of the depart- ment of health related to the health occupation development and work- place demonstration program established pursuant to section 2807-h and the health workforce retraining program established pursuant to section 2807-g of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health occupation development and workplace demonstration program account, established within the department of health. S. 6358--A 37 A. 8558--A (5) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds allocated pursuant to paragraph (j) of subdivision 1 of section 2807-v of the public health law for the purpose of payment for adminis- trative costs of the department of health related to administration of the state's tobacco control programs and cancer services provided pursu- ant to sections 2807-r and 1399-ii of the public health law into such accounts established within the department of health for such purposes. (6) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, the funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for adminis- trative costs of the department of health related to the programs funded pursuant to section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, pilot health insurance account, established within the department of health. (7) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c of the public health law from monies accumulated and interest earned in the bad debt and charity care and capital statewide pools through an assessment charged to general hospitals pursuant to the provisions of subdivision 18 of section 2807-c of the public health law and those funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, primary care initiatives account, established within the department of health. (8) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health care delivery administration account, established within the department of health. (9) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2014] 2017, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the public health law and section 367-i of the social services law and for distribution in accordance with the provisions of subdivision 9 of S. 6358--A 38 A. 8558--A section 2807-j of the public health law for the purpose of payment for administration of statutory duties for the collections and distributions authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a and 3614-b of the public health law and section 367-i of the social services law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, established within the department of health. S 7. Section 2807-l of the public health law, as amended by section 7 of part C of chapter 59 of the laws of 2011, is amended to read as follows: S 2807-l. Health care initiatives pool distributions. 1. Funds accumu- lated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this arti- cle, or the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applica- ble, in accordance with the following. (a) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to programs to provide health care coverage for unin- sured or underinsured children pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter from the respective health care initiatives pools established for the following periods in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, up to one hundred twenty million six hundred thousand dollars; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, up to one hundred sixty-four million five hundred thousand dollars; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to one hundred eighty-one million dollars; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand, two hundred seven million dollars; (v) from the pool for the period January first, two thousand one through December thirty-first, two thousand one, two hundred thirty-five million dollars; (vi) from the pool for the period January first, two thousand two through December thirty-first, two thousand two, three hundred twenty- four million dollars; (vii) from the pool for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred fifty million three hundred thousand dollars; (viii) from the pool for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred sixty million nine hundred thousand dollars; (ix) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand five, up to one hundred fifty-three million eight hundred thousand dollars; (x) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, S. 6358--A 39 A. 8558--A two thousand six, up to three hundred twenty-five million four hundred thousand dollars; (xi) from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred twenty-eight million fifty-nine thousand dollars; (xii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thirty-first, two thousand ten, up to four hundred fifty-three million six hundred seventy-four thousand dollars annually; (xiii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven, through March thirty-first, two thousand eleven, up to one hundred thirteen million four hundred eighteen thousand dollars; (xiv) from the health care reform act (HCRA) resources fund for the period April first, two thousand eleven, through March thirty-first, two thousand twelve, up to three hundred twenty-four million seven hundred forty-four thousand dollars; (xv) from the health care reform act (HCRA) resources fund for the period April first, two thousand twelve, through March thirty-first, two thousand thirteen, up to three hundred forty-six million four hundred forty-four thousand dollars; [and] (xvi) from the health care reform act (HCRA) resources fund for the period April first, two thousand thirteen, through March thirty-first, two thousand fourteen, up to three hundred seventy million six hundred ninety-five thousand dollars[.]; AND (XVII) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions for health insurance programs under the individual subsidy programs established pursuant to the expanded health care cover- age act of nineteen hundred eighty-eight as amended, and for evaluation of such programs from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, established for the following periods in the following amounts: (i) (A) an amount not to exceed six million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine; up to six million dollars for the period January first, two thousand through December thirty-first, two thousand; up to five million dollars for the period January first, two thousand one through December thirty-first, two thousand one; up to four million dollars for the period January first, two thousand two through December thirty-first, two thousand two; up to two million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; up to one million three hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; up to six hundred seventy thousand dollars for the period January first, two thousand five through June thirtieth, two thousand five; up to one million three hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven; and up to one million three hundred thousand dollars annually for the period April first, two thousand seven through March thirty-first, S. 6358--A 40 A. 8558--A two thousand nine, shall be allocated to individual subsidy programs; and (B) an amount not to exceed seven million dollars on an annualized basis for the periods during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and four million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, and three million dollars for the period January first, two thousand three through December thirty-first, two thousand three, and two million dollars for the period January first, two thousand four through December thirty- first, two thousand four, and two million dollars for the period January first, two thousand five through June thirtieth, two thousand five shall be allocated to the catastrophic health care expense program. (ii) Notwithstanding any law to the contrary, the characterizations of the New York state small business health insurance partnership program as in effect prior to June thirtieth, two thousand three, voucher program as in effect prior to December thirty-first, two thousand one, individual subsidy program as in effect prior to June thirtieth, two thousand five, and catastrophic health care expense program, as in effect prior to June thirtieth, two thousand five, may, for the purposes of identifying matching funds for the community health care conversion demonstration project described in a waiver of the provisions of title XIX of the federal social security act granted to the state of New York and dated July fifteenth, nineteen hundred ninety-seven, may continue to be used to characterize the insurance programs in sections four thousand three hundred twenty-one-a, four thousand three hundred twenty-two-a, four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law, which are successor programs to these programs. (c) Up to seventy-eight million dollars shall be reserved and accumu- lated from year to year from the pool for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, for purposes of public health programs, up to seventy-six million dollars shall be reserved and accumulated from year to year from the pools for the periods January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight and January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to eighty-four million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand through December thir- ty-first, two thousand, up to eighty-five million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand one through December thirty-first, two thou- sand one, up to eighty-six million dollars shall be reserved and accumu- lated from year to year from the pools for the period January first, two thousand two through December thirty-first, two thousand two, up to eighty-six million one hundred fifty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand three through December thirty-first, two thousand three, up to fifty-eight million seven hundred eighty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand four through December thirty- first, two thousand four, up to sixty-eight million seven hundred thirty thousand dollars shall be reserved and accumulated from year to year from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand five S. 6358--A 41 A. 8558--A through December thirty-first, two thousand five, up to ninety-four million three hundred fifty thousand dollars shall be reserved and accu- mulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to seventy million nine hundred thirty-nine thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thir- ty-first, two thousand seven, up to fifty-five million six hundred eighty-nine thousand dollars annually shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thir- ty-first, two thousand ten, up to thirteen million nine hundred twenty- two thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, and for periods on and after April first, two thousand eleven [through March thirty-first, two thousand fourteen], up to fund- ing amounts specified below and shall be available, including income from invested funds, for: (i) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, hospital based grants program account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of services and expenses related to general hospital based grant programs, up to twenty-two million dollars annually from the nineteen hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen hundred ninety-nine pool, two thousand pool, two thousand one pool and two thousand two pool, respectively, up to twenty-two million dollars from the two thousand three pool, up to ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to eleven million dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to twenty-two million ninety-seven thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million five hundred twenty-four thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to thirteen million four hundred forty-five thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, and up to thir- teen million three hundred seventy-five thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen; (ii) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the emergency medical services training account established in section ninety-seven-q of the state finance law or the health care reform act (HCRA) resources fund, whichever is appli- cable, up to sixteen million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to twenty million dollars for the period January first, two thousand through December thirty- first, two thousand, up to twenty-one million dollars for the period S. 6358--A 42 A. 8558--A January first, two thousand one through December thirty-first, two thou- sand one, up to twenty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two, up to twenty-two million five hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to nine million six hundred eighty thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four, up to twelve million one hundred thirty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-four million two hundred fifty thousand dollars for the period January first, two thou- sand six through December thirty-first, two thousand six, up to twenty million four hundred ninety-two thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million one hundred twenty-three thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to eighteen million three hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to eighteen million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen, [and] up to nineteen million four hundred nineteen thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN; (iii) priority distributions by the commissioner up to thirty-two million dollars on an annualized basis for the period January first, two thousand through December thirty-first, two thousand four, up to thir- ty-eight million dollars on an annualized basis for the period January first, two thousand five through December thirty-first, two thousand six, up to eighteen million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to three million dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, up to seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, [and] up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN to be allocated (A) for the purposes estab- lished pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen of section twenty-eight hundred seven-c of this article as in effect on December thirty-first, nineteen hundred ninety-six and as may thereafter be amended, up to fifteen million dollars annually for the periods January first, two thousand through December thirty-first, two thousand four, up to twenty-one million dollars annually for the period January first, two thousand five through December thirty-first, two thousand six, and up to seven million five hundred thousand dollars for the period January first, two thousand seven through March thirty-first, two thousand seven; (B) pursuant to a memorandum of understanding entered into by the commissioner, the majority leader of the senate and the speaker of the assembly, for the purposes outlined in such memorandum upon the recom- mendation of the majority leader of the senate, up to eight million five hundred thousand dollars annually for the period January first, two S. 6358--A 43 A. 8558--A thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, and for the purposes outlined in such memorandum upon the recommendation of the speaker of the assembly, up to eight million five hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thou- sand seven through June thirtieth, two thousand seven; and (C) for services and expenses, including grants, related to emergency assistance distributions as designated by the commissioner. Notwith- standing section one hundred twelve or one hundred sixty-three of the state finance law or any other contrary provision of law, such distrib- utions shall be limited to providers or programs where, as determined by the commissioner, emergency assistance is vital to protect the life or safety of patients, to ensure the retention of facility caregivers or other staff, or in instances where health facility operations are jeop- ardized, or where the public health is jeopardized or other emergency situations exist, up to three million dollars annually for the period April first, two thousand seven through March thirty-first, two thousand eleven, [and] up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRI- ATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. Upon any distribution of such funds, the commission- er shall immediately notify the chair and ranking minority member of the senate finance committee, the assembly ways and means committee, the senate committee on health, and the assembly committee on health; (iv) distributions by the commissioner related to poison control centers pursuant to subdivision seven of section twenty-five hundred-d of this chapter, up to five million dollars for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, up to three million dollars on an annual- ized basis for the periods during the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety-nine, up to five million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to four million six hundred thousand dollars annually for the periods January first, two thousand three through December thirty-first, two thousand four, up to five million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand six annually, up to five million one hundred thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand nine, up to three million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to seven hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to two million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN; and (v) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, miscellaneous special revenue fund - 339 maternal and S. 6358--A 44 A. 8558--A child HIV services account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of a special program for HIV services for women and children, including adolescents pursuant to section twenty-five hundred-f-one of [the public health law] THIS CHAPTER, up to five million dollars annually for the periods Janu- ary first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to two million five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to two million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to five million dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to one million two hundred fifty thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, and up to five million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (d) (i) An amount of up to twenty million dollars annually for the period January first, two thousand through December thirty-first, two thousand six, up to ten million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, up to twenty million dollars annually for the period January first, two thou- sand eight through December thirty-first, two thousand ten, up to five million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to nineteen million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, shall be transferred to the health facility restructuring pool established pursuant to section twenty-eight hundred fifteen of this article; (ii) provided, however, amounts transferred pursuant to subparagraph (i) of this paragraph may be reduced in an amount to be approved by the director of the budget to reflect the amount received from the federal government under the state's 1115 waiver which is directed under its terms and conditions to the health facility restructuring program. (e) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to organizations to support the health workforce retraining program established pursuant to section twenty-eight hundred seven-g of this article from the respective health care initiatives pools established for the following periods in the following amounts from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to fifty million dollars on an annualized basis, up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand, up to forty million dollars for the period January first, two thousand one through December thirty- first, two thousand one, up to fifty million dollars for the period January first, two thousand two through December thirty-first, two thou- sand two, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand three through December thirty- S. 6358--A 45 A. 8558--A first, two thousand three, up to forty-one million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to fifty-eight million three hundred sixty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to fifty-two million three hundred sixty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six, up to thirty-five million four hundred thousand dollars annu- ally for the period January first, two thousand seven through December thirty-first, two thousand ten, up to eight million eight hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to twenty- eight million four hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND UP TO TWENTY-SIX MILLION EIGHT HUNDRED SEVEN- TEEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVEN- TEEN, less the amount of funds available for allocations for rate adjustments for workforce training programs for payments by state governmental agencies for inpatient hospital services. (f) Funds shall be accumulated and transferred from as follows: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, (A) thirty-four million six hundred thousand dollars shall be trans- ferred to funds reserved and accumulated pursuant to paragraph (b) of subdivision nineteen of section twenty-eight hundred seven-c of this article, and (B) eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, eighty-two million dollars shall be transferred and deposited and cred- ited to the credit of the state general fund medical assistance local assistance account; (iv) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand through December thirty-first, two thousand four, eighty-two million dollars annually, and for the period January first, two thousand five through December thirty-first, two thousand five, eighty-two million dollars, and for the period January first, two thousand six through December thirty-first, two thousand six, eighty-two million dollars, and for the period January first, two thousand seven through December thirty-first, two thousand seven, eighty-two million dollars, and for the period January first, two thousand eight through December thirty-first, two thousand eight, ninety million seven hundred thousand dollars shall be deposited by the commissioner, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account; (v) from the health care reform act (HCRA) resources fund for the period January first, two thousand nine through December thirty-first, S. 6358--A 46 A. 8558--A two thousand nine, one hundred eight million nine hundred seventy-five thousand dollars, and for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-six million one hundred thousand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, twenty million five hundred thousand dollars, and for each state fiscal year for the period April first, two thousand eleven through March thirty- first, two thousand fourteen, one hundred forty-six million four hundred thousand dollars, shall be deposited by the commissioner, and the state comptroller is hereby authorized and directed to receive for deposit, to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account. (g) Funds shall be transferred to primary health care services pools created by the commissioner, and shall be available, including income from invested funds, for distributions in accordance with former section twenty-eight hundred seven-bb of this article from the respective health care initiatives pools for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, fifteen and eighty-seven-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, fifteen and eighty-seven-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, sixteen and thirteen-hundredths percent. (h) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for purposes of primary care education and training pursuant to article nine of this chapter from the respective health care initiatives pools established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with para- graphs (a) through (f) of this subdivision and shall be available for distributions as follows: (i) funds shall be reserved and accumulated: (A) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (B) from the pool for the period January first, nineteen hundred nine- ty-eight through December thirty-first, nineteen hundred ninety-eight, six and thirty-five-hundredths percent; and (C) from the pool for the period January first, nineteen hundred nine- ty-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (ii) funds shall be available for distributions including income from invested funds as follows: (A) for purposes of the primary care physician loan repayment program in accordance with section nine hundred three of this chapter, up to five million dollars on an annualized basis; (B) for purposes of the primary care practitioner scholarship program in accordance with section nine hundred four of this chapter, up to two million dollars on an annualized basis; S. 6358--A 47 A. 8558--A (C) for purposes of minority participation in medical education grants in accordance with section nine hundred six of this chapter, up to one million dollars on an annualized basis; and (D) provided, however, that the commissioner may reallocate any funds remaining or unallocated for distributions for the primary care practi- tioner scholarship program in accordance with section nine hundred four of this chapter. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for distrib- utions in accordance with section twenty-nine hundred fifty-two and section twenty-nine hundred fifty-eight of this chapter for rural health care delivery development and rural health care access development, respectively, from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirteen and forty-nine-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirteen and forty-nine-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirteen and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, seventeen million dollars annu- ally, and for the period January first, two thousand three through December thirty-first, two thousand three, up to fifteen million eight hundred fifty thousand dollars; (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand four through December thirty-first, two thousand four, up to fifteen million eight hundred fifty thousand dollars, [and] for the period January first, two thousand five through December thirty-first, two thousand five, up to nineteen million two hundred thousand dollars, [and] for the period January first, two thousand six through December thirty-first, two thousand six, up to nineteen million two hundred thousand dollars, for the period January first, two thousand seven through December thir- ty-first, two thousand ten, up to eighteen million one hundred fifty thousand dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to four million five hundred thirty-eight thousand dollars, [and] for each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to sixteen million two hundred thousand dollars, AND EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions related to health information and health care quality improvement pursuant to former section twenty-eight hundred seven-n of this article from the respective health care initiatives pools estab- lished for the following periods in the following percentage amounts of S. 6358--A 48 A. 8558--A funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, six and thirty-five-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent. (k) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for allo- cations and distributions in accordance with section twenty-eight hundred seven-p of this article for diagnostic and treatment center uncompensated care from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirty-eight and one-tenth percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirty-eight and one-tenth percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirty-eight and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, forty-eight million dollars annually, and for the period January first, two thousand three through June thirtieth, two thousand three, twenty-four million dollars; (v) (A) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period July first, two thousand three through December thirty-first, two thousand three, up to six million dollars, for the period January first, two thousand four through December thirty-first, two thousand six, up to twelve million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand thirteen, up to forty-eight million dollars annually, [and] for the period January first, two thousand four- teen through March thirty-first, two thousand fourteen, up to twelve million dollars AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, UP TO FORTY-EIGHT MILLION DOLLARS ANNUALLY; (B) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, an additional seven million five hundred thousand dollars, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand thirteen, an additional seven million five hundred thousand dollars annually, [and] for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen, an additional one million eight hundred seventy-five thousand dollars, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, AN ADDITIONAL SEVEN MILLION S. 6358--A 49 A. 8558--A FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non-profit diagnos- tic and treatment center uncompensated care in accordance with subdivi- sion four-c of section twenty-eight hundred seven-p of this article; and (vi) funds reserved and accumulated pursuant to this paragraph for periods on and after July first, two thousand three, shall be deposited by the commissioner, within amounts appropriated, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made pursuant to section twenty-eight hundred seven-p of this article, provided, however, that in the event federal financial participation is not available for rate adjustments made pursuant to paragraph (b) of subdivision one of section twenty-eight hundred seven-p of this article, funds shall be distributed pursuant to paragraph (a) of subdivision one of section twenty-eight hundred seven-p of this article from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable. (l) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for transfer to and allocation for services and expenses for the payment of benefits to recipients of drugs under the AIDS drug assist- ance program (ADAP) - HIV uninsured care program as administered by Health Research Incorporated from the respective health care initi- atives pools or the health care reform act (HCRA) resources fund, which- ever is applicable, established for the following periods in the follow- ing percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, nine and fifty-two-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, nine and fifty-two-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, nine and sixty-eight-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, up to twelve million dollars annually, and for the period January first, two thousand three through December thirty-first, two thousand three, up to forty million dollars; and (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the periods January first, two thousand four through December thirty-first, two thousand four, up to fifty-six million dollars, for the period January first, two thousand five through December thirty-first, two thousand six, up to sixty million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to sixty million dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to fifteen million dollars, [and] each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to forty- two million three hundred thousand dollars AND EACH STATE FISCAL YEAR S. 6358--A 50 A. 8558--A FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, WITHIN AMOUNTS APPROPRIATED. (m) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions pursuant to section twenty-eight hundred seven-r of this article for cancer related services from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, seven and ninety-four-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, seven and ninety-four-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand two, up to ten million dollars on an annual basis; (v) from the pool for the period January first, two thousand three through December thirty-first, two thousand four, up to eight million nine hundred fifty thousand dollars on an annual basis; (vi) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand six, up to ten million fifty thousand dollars on an annual basis, for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand ten, up to nineteen million dollars annually, and for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, up to four million seven hundred fifty thousand dollars. (n) Funds shall be accumulated and transferred from the health care reform act (HCRA) resources fund as follows: for the period April first, two thousand seven through March thirty-first, two thousand eight, and on an annual basis for the periods April first, two thousand eight through November thirtieth, two thousand nine, funds within amounts appropriated shall be transferred and deposited and credited to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made to public and voluntary hospitals in accordance with paragraphs (i) and (j) of subdivision one of section twenty-eight hundred seven-c of this article. 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, any funds accumulated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this article, as a result of surcharges, assessments or other obligations during the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety- nine, which are unused or uncommitted for distributions pursuant to this section shall be reserved and accumulated from year to year by the commissioner and, within amounts appropriated, transferred and deposited into the special revenue funds - other, miscellaneous special revenue S. 6358--A 51 A. 8558--A fund - 339, child health insurance account or any successor fund or account, for purposes of distributions to implement the child health insurance program established pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter for periods on and after January first, two thousand one; provided, however, funds reserved and accumulated for priority distributions pursuant to subparagraph (iii) of paragraph (c) of subdivision one of this section shall not be transferred and deposited into such account pursuant to this subdivi- sion; and provided further, however, that any unused or uncommitted pool funds accumulated and allocated pursuant to paragraph (j) of subdivision one of this section shall be distributed for purposes of the health information and quality improvement act of 2000. 3. Revenue from distributions pursuant to this section shall not be included in gross revenue received for purposes of the assessments pursuant to subdivision eighteen of section twenty-eight hundred seven-c of this article, subject to the provisions of paragraph (e) of subdivi- sion eighteen of section twenty-eight hundred seven-c of this article, and shall not be included in gross revenue received for purposes of the assessments pursuant to section twenty-eight hundred seven-d of this article, subject to the provisions of subdivision twelve of section twenty-eight hundred seven-d of this article. S 8. Section 2807-v of the public health law, as amended by section 5 of part B of chapter 58 of the laws of 2008, subdivision 1 as amended by section 8 of part C of chapter 59 of the laws of 2011, clause (K) of subparagraph (i) of paragraph (bb) of subdivision 1 as amended by section 35-a, subparagraph (xi) of paragraph (cc) of subdivision 1 as amended by section 35-b and subparagraph (vii) of paragraph (ccc) of subdivision 1 as amended by section 35-c of part D of chapter 56 of the laws of 2012, paragraph (fff) of subdivision 1 as separately amended by section 16 of part A of chapter 59 of the laws of 2011, and paragraph (iii) of subdivision 1 as added by section 52-b of part H of chapter 59 of the laws of 2011, is amended to read as follows: S 2807-v. Tobacco control and insurance initiatives pool distrib- utions. 1. Funds accumulated in the tobacco control and insurance initiatives pool or in the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applicable, in accordance with the following: (a) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of services and expenses related to the toll-free medicaid fraud hotline established pursuant to section one hundred eight of chap- ter one of the laws of nineteen hundred ninety-nine from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: four hundred thousand dollars annually for the periods January first, two thousand through December thirty- first, two thousand two, up to four hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand S. 6358--A 52 A. 8558--A five, up to four hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to four hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to four hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand eleven. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of payment of audits or audit contracts necessary to determine payor and provider compliance with requirements set forth in sections twenty-eight hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t of this article from the tobacco control and insurance initi- atives pool established for the following periods in the following amounts: five million six hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to five million dollars for the period January first, two thousand five through December thirty first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to seven million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and up to eight million three hundred twen- ty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to eight million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven, [and] up to fourteen million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (c) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, enhanced community services account, or any successor fund or account, for mental health services programs for case management services for adults and children; supported housing; home and community based waiver services; family based treat- ment; family support services; mobile mental health teams; transitional housing; and community oversight, established pursuant to articles seven and forty-one of the mental hygiene law and subdivision nine of section three hundred sixty-six of the social services law; and for comprehen- S. 6358--A 53 A. 8558--A sive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the enhanced community services account, or any successor fund or account, and depos- ited into the fund established by section ninety-five-e of the state finance law; from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand, for the period January first, two thousand through December thirty-first, two thousand; (ii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand one, for the period January first, two thousand one through December thirty- first, two thousand one; (iii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand two, for the period January first, two thousand two through December thirty- first, two thousand two; (iv) eighty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand three, for the period January first, two thousand three through December thirty-first, two thousand three; (v) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand four, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (vi) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand five, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (vii) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand six, and pursuant to FORMER section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) eighty-six million four hundred thousand dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distrib- ution pursuant to a chapter of the laws of two thousand seven and pursu- ant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand seven; and (ix) twenty-two million nine hundred thirteen thousand dollars, plus one hundred twenty-five thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand eight and pursuant to the former section twenty-seven hundred ninety- nine-l of this chapter, for the period January first, two thousand eight through March thirty-first, two thousand eight. (d) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and S. 6358--A 54 A. 8558--A directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two, for administration and marketing costs associated with such program established pursuant to clause (A) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-seven million dollars for the period January first, two thousand one through December thirty-first, two thousand one; and (iii) fifty-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (e) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two for administration and marketing costs associated with such program established pursuant to clause (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) thirty million five hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; and (iii) sixty-six million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (f) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of payment of administrative expenses of the department related to the family health plus program established pursuant to section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: five hundred thousand dollars on an annual basis for the periods January first, two thousand through Decem- ber thirty-first, two thousand six, five hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, one S. 6358--A 55 A. 8558--A hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand elev- en. (g) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the health maintenance organization direct pay market program established pursuant to sections forty-three hundred twenty-one-a and forty-three hundred twenty-two-a of the insur- ance law from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to thirty-five million dollars for the period January first, two thousand through December thirty-first, two thousand of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (ii) up to thirty-six million dollars for the period January first, two thousand one through December thirty-first, two thousand one of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iii) up to thirty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iv) up to forty million dollars for the period January first, two thousand three through December thirty-first, two thousand three of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (v) up to forty million dollars for the period January first, two thousand four through December thirty-first, two thousand four of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vi) up to forty million dollars for the period January first, two thousand five through December thirty-first, two thousand five of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vii) up to forty million dollars for the period January first, two thousand six through December thirty-first, two thousand six of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (viii) up to forty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven of which fifty percentum shall be allocated to the program pursuant to S. 6358--A 56 A. 8558--A section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; and (ix) up to forty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight of which fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law. (h) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York individual program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to six million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (ii) up to twenty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to five million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York group program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (ii) up to seventy-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to ten million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; S. 6358--A 57 A. 8558--A (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this subdivision, the commissioner shall reserve and accumulate up to two million five hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, one million four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, from funds otherwise available for distribution under such paragraphs for the services and expenses related to the pilot program for entertainment industry employees included in subsection (b) of section one thousand one hundred twenty-two of the insurance law, and an additional seven hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, an addi- tional three hundred thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven for services and expenses related to the pilot program for displaced workers included in subsection (c) of section one thousand one hundred twenty-two of the insurance law. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the tobacco use prevention and control program established pursuant to sections thirteen hundred nine- ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to forty million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) up to forty million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to eighty-one million nine hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated, a S. 6358--A 58 A. 8558--A portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (viii) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (ix) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (x) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (xi) up to eighty-seven million seven hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) up to twenty-one million four hundred twelve thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; [and] (xiii) up to fifty-two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; AND (XIV) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (k) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes of services and expenses related to public health programs, including comprehensive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the health care services account, or any successor fund or account, and deposited into the fund established by section ninety-five-e of the state finance law for periods prior to March thirty-first, two thousand eleven, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-one million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty-one million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-one million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) one hundred twenty-two million five hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) one hundred eight million five hundred seventy-five thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand four through December thirty-first, two thousand four; (vi) ninety-one million eight hundred thousand dollars, plus an addi- tional five hundred thousand dollars, for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358--A 59 A. 8558--A (vii) one hundred fifty-six million six hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) one hundred fifty-one million four hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (x) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand nine through December thirty-first, two thousand nine; (xi) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand ten through December thirty-first, two thousand ten; (xii) twenty-nine million two hundred thirty-seven thousand two hundred fifty dollars, plus an additional one hundred twenty-five thou- sand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xiii) one hundred twenty million thirty-eight thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; and (xiv) one hundred nineteen million four hundred seven thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen. (l) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the personal care and certified home health agency rate or fee increases established pursuant to subdivision three of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-three million two hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-three million two hundred thousand dollars for the period January first, two thousand one through December thirty-first, two thou- sand one; (iii) twenty-three million two hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to sixty-five million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to sixty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to sixty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358--A 60 A. 8558--A (vii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to sixteen million three hundred thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (m) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to home care workers insurance pilot demonstration programs established pursuant to subdivision two of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million eight hundred thousand dollars for the period Janu- ary first, two thousand through December thirty-first, two thousand; (ii) three million eight hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; (iii) three million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to three million eight hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to three million eight hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to three million eight hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to three million eight hundred thousand dollars for the peri- od January first, two thousand six through December thirty-first, two thousand six; (viii) up to three million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to nine hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (n) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the special revenue funds - other, miscellaneous special revenue fund - 339, elderly pharmaceutical insurance coverage program premium account authorized pursuant to the provisions of title three of article two of the elder law, or any successor fund or account, for funding state expenses relating to the program from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one hundred seven million dollars for the period January first, two thousand through December thirty-first, two thousand; S. 6358--A 61 A. 8558--A (ii) one hundred sixty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) three hundred twenty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty- first, two thousand two; (iv) four hundred thirty-three million three hundred thousand dollars for the period January first, two thousand three through December thir- ty-first, two thousand three; (v) five hundred four million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) five hundred sixty-six million eight hundred thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; (vii) six hundred three million one hundred fifty thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (viii) six hundred sixty million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (ix) three hundred sixty-seven million four hundred sixty-three thou- sand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) three hundred thirty-four million eight hundred twenty-five thou- sand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) three hundred forty-four million nine hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (xii) eighty-seven million seven hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; (xiii) one hundred forty-three million one hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (xiv) one hundred twenty million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty- first, two thousand thirteen; [and] (xv) one hundred twenty-eight million eight hundred fifty thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen[.]; AND (XVI) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (o) Funds shall be reserved and accumulated and shall be transferred to the Roswell Park Cancer Institute Corporation, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to ninety million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to sixty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) eighty-five million two hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; S. 6358--A 62 A. 8558--A (v) seventy-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) seventy-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) ninety-one million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventy-eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) seventy-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) seventy-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) seventy-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) nineteen million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xiii) sixty-nine million eight hundred forty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XIV) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (p) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, indigent care fund - 068, indigent care account, or any successor fund or account, for purposes of providing a medicaid disproportionate share payment from the high need indigent care adjust- ment pool established pursuant to section twenty-eight hundred seven-w of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two; (ii) up to eighty-two million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to eighty-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eighty-two million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eighty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to eighty-two million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to eighty-two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to eighty-two million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to eighty-two million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to twenty million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) up to eighty-two million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. S. 6358--A 63 A. 8558--A (q) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing distributions to eligible school based health centers established pursuant to section eighty-eight of chapter one of the laws of nineteen hundred ninety-nine, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million dollars annually for the period January first, two thousand through December thirty-first, two thousand two; (ii) up to seven million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to seven million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to seven million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to seven million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to seven million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to seven million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to seven million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to seven million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to one million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to five million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (r) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions for supplemen- tary medical insurance for Medicare part B premiums, physicians services, outpatient services, medical equipment, supplies and other health services, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-three million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) sixty-one million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (iii) sixty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) sixty-seven million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) sixty-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) sixty-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358--A 64 A. 8558--A (vii) sixty-eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventeen million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) sixty-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) sixty-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) sixty-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) seventeen million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xiii) sixty-eight million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (s) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million dollars for the period January first, two thou- sand through December thirty-first, two thousand; (ii) twenty-four million dollars annually for the periods January first, two thousand one through December thirty-first, two thousand two; (iii) up to twenty-four million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to twenty-four million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to twenty-four million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to twenty-four million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (viii) up to twenty-four million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (ix) up to twenty-two million dollars for the period January first, two thousand nine through November thirtieth, two thousand nine. (t) Funds shall be reserved and accumulated from year to year by the commissioner and shall be made available, including income from invested funds: (i) For the purpose of making grants to a state owned and operated medical school which does not have a state owned and operated hospital on site and available for teaching purposes. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law, such grants shall be made in the amount of up to five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) For the purpose of making grants to medical schools pursuant to section eighty-six-a of chapter one of the laws of nineteen hundred S. 6358--A 65 A. 8558--A ninety-nine in the sum of up to four million dollars for the period January first, two thousand through December thirty-first, two thousand; and (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of this paragraph from the tobacco control and insurance initiatives pool are contingent upon meeting all funding amounts established pursuant to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r) and (s) of this subdivision, paragraph (a) of subdivision nine of section twenty-eight hundred seven-j of this article, and paragraphs (a), (i) and (k) of subdivision one of section twenty-eight hundred seven-l of this article. (u) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the nursing home quality improvement demonstration program established pursuant to section twen- ty-eight hundred eight-d of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to twenty-five million dollars for the period beginning April first, two thousand two and ending December thirty-first, two thousand two, and on an annualized basis, for each annual period thereafter beginning January first, two thousand three and ending December thirty- first, two thousand four; (ii) up to eighteen million seven hundred fifty thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; and (iii) up to fifty-six million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six. (v) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the hospital excess liability pool created pursu- ant to section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six, or any successor fund or account, for purposes of expenses related to the purchase of excess medical malprac- tice insurance and the cost of administrating the pool, including costs associated with the risk management program established pursuant to section forty-two of part A of chapter one of the laws of two thousand two required by paragraph (a) of subdivision one of section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six as may be amended from time to time, from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) up to fifty million dollars or so much as is needed for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to seventy-six million seven hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to sixty-five million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to sixty-five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358--A 66 A. 8558--A (v) up to one hundred thirteen million eight hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) up to one hundred thirty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to one hundred thirty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to one hundred thirty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to one hundred thirty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to thirty-two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (w) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the treatment of breast and cervical cancer pursuant to para- graph (v) of subdivision four of section three hundred sixty-six of the social services law, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four hundred fifty thousand dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to two million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to two million one hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to two million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to two million one hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) up to two million one hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to two million one hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million one hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; S. 6358--A 67 A. 8558--A (ix) up to two million one hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; (x) up to five hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xi) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (x) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public general hospital rates increases for recruitment and retention of health care workers from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) twenty-seven million one hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) fifty million eight hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixty-nine million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixty-nine million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) sixty-nine million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) sixty-five million three hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) sixty-one million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) forty-eight million seven hundred twenty-one thousand dollars for the period January first, two thousand nine through November thirti- eth, two thousand nine. (y) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public general hospitals for recruitment and retention of health care workers pursuant to paragraph (b) of subdivision thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; S. 6358--A 68 A. 8558--A (ii) thirty-seven million four hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) fifty-two million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) fifty-two million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) fifty-two million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) forty-nine million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) forty-nine million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) twelve million two hundred fifty thousand dollars for the peri- od January first, two thousand nine through March thirty-first, two thousand nine. Provided, however, amounts pursuant to this paragraph may be reduced in an amount to be approved by the director of the budget to reflect amounts received from the federal government under the state's 1115 waiver which are directed under its terms and conditions to the health workforce recruitment and retention program. (z) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public residential health care facility rate increases for recruitment and retention of health care workers pursuant to para- graph (a) of subdivision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-one million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-three million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) forty-six million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) forty-six million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) forty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) thirty million nine hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) twenty-four million seven hundred thousand dollars for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; S. 6358--A 69 A. 8558--A (viii) twelve million three hundred seventy-five thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (ix) nine million three hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; and (x) two million three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (aa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public residential health care facilities for recruitment and retention of health care workers pursuant to paragraph (b) of subdi- vision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty- first, two thousand two; (ii) eleven million seven hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixteen million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (vi) ten million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) six million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) one million three hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine. (bb)(i) Funds shall be deposited by the commissioner, within amounts appropriated, and subject to the availability of federal financial participation, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which include a city with a population of over one million persons and computed and distributed in accordance with memorandums of understanding to be entered into between the state of New York and such local social service districts for the purpose of support- ing the recruitment and retention of personal care service workers or any worker with direct patient care responsibility, from the tobacco S. 6358--A 70 A. 8558--A control and insurance initiatives pool established for the following periods and the following amounts: (A) forty-four million dollars, on an annualized basis, for the period April first, two thousand two through December thirty-first, two thou- sand two; (B) seventy-four million dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (C) one hundred four million dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (D) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand five through December thir- ty-first, two thousand five; (E) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand six through December thirty- first, two thousand six; (F) one hundred thirty-six million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (G) one hundred thirty-six million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (H) one hundred thirty-six million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (I) one hundred thirty-six million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (J) thirty-four million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (K) up to one hundred thirty-six million dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (L) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN THROUGH APRIL FIRST, TWO THOUSAND SEVENTEEN. (ii) Adjustments to Medicaid rates made pursuant to this paragraph shall not, in aggregate, exceed the following amounts for the following periods: (A) for the period April first, two thousand two through December thirty-first, two thousand two, one hundred ten million dollars; (B) for the period January first, two thousand three through December thirty-first, two thousand three, one hundred eighty-five million dollars; (C) for the period January first, two thousand four through December thirty-first, two thousand four, two hundred sixty million dollars; (D) for the period January first, two thousand five through December thirty-first, two thousand five, three hundred forty million dollars; (E) for the period January first, two thousand six through December thirty-first, two thousand six, three hundred forty million dollars; (F) for the period January first, two thousand seven through December thirty-first, two thousand seven, three hundred forty million dollars; (G) for the period January first, two thousand eight through December thirty-first, two thousand eight, three hundred forty million dollars; (H) for the period January first, two thousand nine through December thirty-first, two thousand nine, three hundred forty million dollars; S. 6358--A 71 A. 8558--A (I) for the period January first, two thousand ten through December thirty-first, two thousand ten, three hundred forty million dollars; (J) for the period January first, two thousand eleven through March thirty-first, two thousand eleven, eighty-five million dollars; [and] (K) for each state fiscal year within the period April first, two thousand eleven through March thirty-first, two thousand fourteen, three hundred forty million dollars[.]; AND (L) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, THREE HUNDRED FORTY MILLION DOLLARS. (iii) Personal care service providers which have their rates adjusted pursuant to this paragraph shall use such funds for the purpose of recruitment and retention of non-supervisory personal care services workers or any worker with direct patient care responsibility only and are prohibited from using such funds for any other purpose. Each such personal care services provider shall submit, at a time and in a manner to be determined by the commissioner, a written certification attesting that such funds will be used solely for the purpose of recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. The commissioner is author- ized to audit each such provider to ensure compliance with the written certification required by this subdivision and shall recoup any funds determined to have been used for purposes other than recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. Such recoupment shall be in addition to any other penalties provided by law. (cc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which shall not include a city with a popu- lation of over one million persons for the purpose of supporting the personal care services worker recruitment and retention program as established pursuant to section three hundred sixty-seven-q of the social services law, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (i) two million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) five million six hundred thousand dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eight million four hundred thousand dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (iv) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand five through December thirty-first, two thousand five; (v) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand six through December thirty-first, two thousand six; S. 6358--A 72 A. 8558--A (vi) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eleven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen[.]; AND (XII) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN. (dd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for physician services from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to fifty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) eighty-one million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) eighty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) eighty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) eighty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eighty-five million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) eighty-five million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eighty-five million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; S. 6358--A 73 A. 8558--A (x) twenty-one million three hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) eighty-five million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (ee) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the free-standing diagnostic and treatment center rate increases for recruitment and retention of health care workers pursuant to subdivision seventeen of section twenty-eight hundred seven of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million two hundred fifty thousand dollars for the period April first, two thousand two through December thirty-first, two thou- sand two; (ii) three million two hundred fifty thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) three million two hundred fifty thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) three million two hundred fifty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) three million two hundred fifty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) three million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) three million four hundred thirty-eight thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) two million four hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) one million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (x) three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (ff) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for disabled persons as authorized pursuant to FORMER subparagraphs twelve and thirteen of paragraph (a) of subdivision one of section three hundred sixty-six of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: S. 6358--A 74 A. 8558--A (i) one million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) sixteen million four hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighteen million seven hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) thirty million six hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) fifteen million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (viii) fifteen million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (ix) fifteen million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; (x) three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; [and] (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (gg) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (c) of subdivision thirty of section twenty-eight hundred seven-c of this arti- cle from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to one million three hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to three million two hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to five million six hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eight million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight million six hundred thousand dollars on an annualized basis for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to two million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; S. 6358--A 75 A. 8558--A (vii) up to two million six hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million six hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; and (x) up to six hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (hh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue fund - other, HCRA transfer fund, medical assistance account for purposes of providing financial assistance to residential health care facilities pursuant to subdivisions nineteen and twenty-one of section twenty-eight hundred eight of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) for the period April first, two thousand two through December thirty-first, two thousand two, ten million dollars; (ii) for the period January first, two thousand three through December thirty-first, two thousand three, nine million four hundred fifty thou- sand dollars; (iii) for the period January first, two thousand four through December thirty-first, two thousand four, nine million three hundred fifty thou- sand dollars; (iv) up to fifteen million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to fifteen million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to fifteen million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to fifteen million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to fifteen million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to fifteen million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen. (ii) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for disabled persons as authorized by sections 1619 (a) and (b) of the federal social security act pursuant to the tobacco control and insurance initiatives pool established for the following periods in the following amounts: S. 6358--A 76 A. 8558--A (i) six million four hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) eight million five hundred thousand dollars, for the period Janu- ary first, two thousand three through December thirty-first, two thou- sand three; (iii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (iv) eight million five hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) eight million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eight million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eight million five hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven; [and] (xi) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen[.]; AND (XII) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (jj) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purposes of a grant program to improve access to infertility services, treatments and procedures, from the tobacco control and insurance initi- atives pool established for the period January first, two thousand two through December thirty-first, two thousand two in the amount of nine million one hundred seventy-five thousand dollars, for the period April first, two thousand six through March thirty-first, two thousand seven in the amount of five million dollars, for the period April first, two thousand seven through March thirty-first, two thousand eight in the amount of five million dollars, for the period April first, two thousand eight through March thirty-first, two thousand nine in the amount of five million dollars, and for the period April first, two thousand nine through March thirty-first, two thousand ten in the amount of five million dollars, for the period April first, two thousand ten through March thirty-first, two thousand eleven in the amount of two million two hundred thousand dollars, and for the period April first, two thousand eleven through March thirty-first, two thousand twelve up to one million one hundred thousand dollars. (kk) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, S. 6358--A 77 A. 8558--A or any successor fund or account, for purposes of funding the state share of Medical Assistance Program expenditures from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) thirty-eight million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to two hundred ninety-five million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to four hundred seventy-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to nine hundred million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight hundred sixty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to six hundred sixteen million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) up to five hundred seventy-eight million nine hundred twenty- five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) within amounts appropriated on and after January first, two thousand nine. (ll) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures related to the city of New York from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) one hundred twenty-four million six hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (iii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four; (iv) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (v) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand eight through December thir- ty-first, two thousand eight; S. 6358--A 78 A. 8558--A (viii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (ix) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (x) thirty-one million one hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; and (xi) one hundred twenty-four million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (mm) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding specified percentages of the state share of services and expenses related to the family health plus program in accordance with the following schedule: (i) (A) for the period January first, two thousand three through December thirty-first, two thousand four, one hundred percent of the state share; (B) for the period January first, two thousand five through December thirty-first, two thousand five, seventy-five percent of the state share; and, (C) for periods beginning on and after January first, two thousand six, fifty percent of the state share. (ii) Funding for the family health plus program will include up to five million dollars annually for the period January first, two thousand three through December thirty-first, two thousand six, up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to seven million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to seven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to seven million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to six million forty-nine thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to six million two hundred eighty-nine thousand dollars for the period April first, two thousand twelve through March thirty-first, two thou- sand thirteen, and up to six million four hundred sixty-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, for administration and marketing costs associated with such program established pursuant to clauses (A) and (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (A) one hundred ninety million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; S. 6358--A 79 A. 8558--A (B) three hundred seventy-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (C) five hundred thirty-eight million four hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (D) three hundred eighteen million seven hundred seventy-five thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (E) four hundred eighty-two million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (F) five hundred seventy million twenty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (G) six hundred ten million seven hundred twenty-five thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (H) six hundred twenty-seven million two hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (I) one hundred fifty-seven million eight hundred seventy-five thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (J) six hundred twenty-eight million four hundred thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (K) six hundred fifty million four hundred thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; [and] (L) six hundred fifty million four hundred thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen[.]; AND (M) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (nn) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes related to adult home initiatives for medicaid eligible residents of residential facilities licensed pursuant to section four hundred sixty-b of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four million dollars for the period January first, two thou- sand three through December thirty-first, two thousand three; (ii) up to six million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; (iii) up to eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; S. 6358--A 80 A. 8558--A (iv) up to eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this paragraph; (v) up to eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (vi) up to two million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (vii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (viii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (ix) up to six hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (oo) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (e) of subdivision twenty-five of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to five million dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; [and] (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vii) up to five million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (viii) up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (pp) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the provision of tax credits for long term care insurance pursuant to subdivision one of section one hundred ninety of the tax law, paragraph (a) of subdivision twenty-five-a of section two S. 6358--A 81 A. 8558--A hundred ten of such law, subsection (aa) of section six hundred six of such law, paragraph one of subsection (k) of section fourteen hundred fifty-six of such law and paragraph one of subdivision (m) of section fifteen hundred eleven of such law, in the following amounts: (i) ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) ten million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) ten million dollars for the period January first, two thousand six through December thirty-first, two thousand six; and (iv) five million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven. (qq) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the long-term care insurance education and outreach program established pursuant to section two hundred seventeen-a of the elder law for the following periods in the following amounts: (i) up to five million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; of S. 6358--A 82 A. 8558--A such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long-term care insurance resource centers with the necessary resources to carry out their operations; (vii) up to four hundred eighty-eight thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten; of such funds four hundred eighty-eight thousand dollars shall be made available to the department for the purpose of developing, imple- menting and administering the long-term care insurance education and outreach program. (rr) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and shall be available, including income from invested funds, for the purpose of supporting expenses related to implementation of the provisions of title III of article twenty-nine-D of this chapter, for the following periods and in the following amounts: (i) up to ten million dollars for the period January first, two thou- sand six through December thirty-first, two thousand six; (ii) up to ten million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; (iii) up to ten million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) up to ten million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (v) up to ten million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; and (vi) up to two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (ss) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and used for a health care stabilization program established by the commissioner for the purposes of stabilizing critical health care providers and health care programs whose ability to continue to provide appropriate services are threatened by financial or other challenges, in the amount of up to twenty-eight million dollars for the period July first, two thousand four through June thirtieth, two S. 6358--A 83 A. 8558--A thousand five. Notwithstanding the provisions of section one hundred twelve of the state finance law or any other inconsistent provision of the state finance law or any other law, funds available for distribution pursuant to this paragraph may be allocated and distributed by the commissioner, or the state comptroller as applicable without a compet- itive bid or request for proposal process. Considerations relied upon by the commissioner in determining the allocation and distribution of these funds shall include, but not be limited to, the following: (i) the importance of the provider or program in meeting critical health care needs in the community in which it operates; (ii) the provider or program provision of care to under-served populations; (iii) the quality of the care or services the provider or program delivers; (iv) the abil- ity of the provider or program to continue to deliver an appropriate level of care or services if additional funding is made available; (v) the ability of the provider or program to access, in a timely manner, alternative sources of funding, including other sources of government funding; (vi) the ability of other providers or programs in the communi- ty to meet the community health care needs; (vii) whether the provider or program has an appropriate plan to improve its financial condition; and (viii) whether additional funding would permit the provider or program to consolidate, relocate, or close programs or services where such actions would result in greater stability and efficiency in the delivery of needed health care services or programs. (tt) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing grants for two long term care demonstration projects designed to test new models for the delivery of long term care services established pursuant to section twenty-eight hundred seven-x of this chapter, for the following periods and in the following amounts: (i) up to five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to one million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; and (v) up to two hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (uu) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting disease management and telemedicine demonstration programs authorized pursuant to section twenty-one hundred eleven of this chapter for the following periods in the following amounts: (i) five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (ii) five million dollars for the period January first, two thousand five through December thirty-first, two thousand five, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; S. 6358--A 84 A. 8558--A (iii) nine million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iv) nine million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and one million dollars shall be available for telemedicine demonstration programs; (v) nine million five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (vi) seven million eight hundred thirty-three thousand three hundred thirty-three dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and three hundred thirty-three thousand three hundred thirty-three dollars shall be available for telemedicine demon- stration programs for the period January first, two thousand nine through March first, two thousand nine; (vii) one million eight hundred seventy-five thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten shall be available for disease management demonstration programs. (ww) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for recruitment and retention of health care workers pursuant to paragraph (e) of subdivi- sion thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) sixty million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; and (ii) sixty million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six. (xx) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for rural hospitals pursu- ant to subdivision thirty-two of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; S. 6358--A 85 A. 8558--A (ii) three million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (iii) three million five hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (iv) three million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; and (v) three million two hundred eight thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (yy) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated and notwithstanding section one hundred twelve of the state finance law and any other contrary provision of law, for the purpose of supporting grants not to exceed five million dollars to be made by the commissioner without a competitive bid or request for proposal process, in support of the delivery of critically needed health care services, to health care providers located in the counties of Erie and Niagara which executed a memorandum of closing and conducted a merger closing in escrow on Novem- ber twenty-fourth, nineteen hundred ninety-seven and which entered into a settlement dated December thirtieth, two thousand four for a loss on disposal of assets under the provisions of title XVIII of the federal social security act applicable to mergers occurring prior to December first, nineteen hundred ninety-seven. (zz) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated, for the purpose of supporting expenditures authorized pursuant to section twenty-eight hundred eighteen of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) one hundred eight million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iii) one hundred seventy-one million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iv) one hundred seventy-one million five hundred thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (v) one hundred twenty-eight million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vi) one hundred thirty-one million three hundred seventy-five thou- sand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; S. 6358--A 86 A. 8558--A (vii) thirty-four million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (viii) four hundred thirty-three million three hundred sixty-six thou- sand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (ix) one hundred fifty million eight hundred six thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; [and] (x) seventy-eight million seventy-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thou- sand fourteen[.]; AND (XI) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. (aaa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for services and expenses related to school based health centers, in an amount up to three million five hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million five hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million five hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million five hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, up to three million five hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven, [and] up to two million eight hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty- first, two thousand fourteen, AND WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN. The total amount of funds provided herein shall be distributed as grants based on the ratio of each provider's total enrollment for all sites to the total enrollment of all providers. This formula shall be applied to the total amount provided herein. (bbb) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of awarding grants to operators of adult homes, enriched housing programs and residences through the enhancing abilities and life experi- ence (EnAbLe) program to provide for the installation, operation and maintenance of air conditioning in resident rooms, consistent with this paragraph, in an amount up to two million dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million eight hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million eight hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million eight hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, and up to three million eight hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven. Residents shall not be charged utility cost for the use of air conditioners supplied under the EnAbLe program. All such air conditioners must be operated in occupied resident rooms consistent with requirements applicable to common areas. S. 6358--A 87 A. 8558--A (ccc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the rates for certified home health agencies, long term home health care programs, AIDS home care programs, hospice programs and managed long term care plans and approved managed long term care operating demonstrations as defined in section forty-four hundred three-f of this chapter for recruitment and retention of health care workers pursuant to subdivisions nine and ten of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-five million dollars for the period June first, two thou- sand six through December thirty-first, two thousand six; (ii) fifty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (iii) fifty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) fifty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (v) fifty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (vi) twelve million five hundred thousand dollars for the period Janu- ary first, two thousand eleven through March thirty-first, two thousand eleven; and (vii) up to fifty million dollars each state fiscal year for the peri- od April first, two thousand eleven through March thirty-first, two thousand fourteen. (ddd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the medical assistance rates for providers for purposes of enhancing the provision, quality and/or efficiency of home care services pursuant to subdivision eleven of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following period in the amount of eight million dollars for the period April first, two thousand six through December thirty-first, two thousand six. (eee) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, to the Center for Functional Genomics at the State University of New York at Albany, for the purposes of the Adirondack network for cancer education and research in rural communities grant program to improve access to health care and shall be made available from the tobacco control and insurance initiatives pool established for the following period in the amount of up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six. (fff) Funds shall be made available to the empire state stem cell fund established by section ninety-nine-p of the state finance law within amounts appropriated up to fifty million dollars annually and shall not exceed five hundred million dollars in total. S. 6358--A 88 A. 8558--A (ggg) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for hospital translation services as authorized pursuant to paragraph (k) of subdivision one of section twen- ty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) sixteen million dollars for the period July first, two thousand eight through December thirty-first, two thousand eight; and (ii) fourteen million seven hundred thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (hhh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for adjustments to inpatient rates of payment for general hospitals located in the counties of Nassau and Suffolk as authorized pursuant to paragraph (l) of subdivision one of section twenty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period April first, two thousand eight through December thirty-first, two thousand eight; and (ii) two million two hundred ninety-two thousand dollars for the peri- od January first, two thousand nine through November thirtieth, two thousand nine. (iii) Funds shall be reserved and set aside and accumulated from year to year and shall be made available, including income from investment funds, for the purpose of supporting the New York state medical indem- nity fund as authorized pursuant to title four of article twenty-nine-D of this chapter, for the following periods and in the following amounts, provided, however, that the commissioner is authorized to seek waiver authority from the federal centers for medicare and Medicaid for the purpose of securing Medicaid federal financial participation for such program, in which case the funding authorized pursuant to this paragraph shall be utilized as the non-federal share for such payments: Thirty million dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve. 2. (a) For periods prior to January first, two thousand five, the commissioner is authorized to contract with the article forty-three insurance law plans, or such other contractors as the commissioner shall designate, to receive and distribute funds from the tobacco control and insurance initiatives pool established pursuant to this section. In the event contracts with the article forty-three insurance law plans or other commissioner's designees are effectuated, the commissioner shall conduct annual audits of the receipt and distribution of such funds. The reasonable costs and expenses of an administrator as approved by the commissioner, not to exceed for personnel services on an annual basis five hundred thousand dollars, for collection and distribution of funds pursuant to this section shall be paid from such funds. S. 6358--A 89 A. 8558--A (b) Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, at the discretion of the commissioner without a competitive bid or request for proposal process, contracts in effect for administration of pools established pursuant to sections twenty-eight hundred seven-k, twenty-eight hundred seven-l and twenty-eight hundred seven-m of this article for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine may be extended to provide for administration pursuant to this section and may be amended as may be necessary. S 9. Subdivisions 5-a and 7 of section 2807-m of the public health law, as added by section 75-c of part C of chapter 58 of the laws of 2008, the paragraph heading of paragraph (b) and the second undesignated paragraph of paragraph (b) of subdivision 5-a as amended by section 4 of part B of chapter 109 of the laws of 2010, the opening paragraph of paragraph (b), subparagraphs (C), (D) and (G) of paragraph (b), and paragraphs (c), (f) and (g) of subdivision 5-a as amended by section 26 of part C of chapter 59 of the laws of 2011, subparagraph (H) of para- graph (b) of subdivision 5-a as added by section 60 of part D of chapter 56 of the laws of 2012, paragraphs (d) and (e) of subdivision 5-a as amended by section 53 of part D of chapter 56 of the laws of 2012 and paragraph (e-1) of s