senate Bill S6358D

Signed By Governor
2013-2014 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

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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
amend (t) and recommit to finance
Mar 14, 2014 print number 6358c
amend (t) and recommit to finance
Feb 21, 2014 print number 6358b
amend (t) and recommit to finance
Feb 12, 2014 print number 6358a
amend and recommit to finance
Jan 21, 2014 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S6358 - Bill Details

See Assembly Version of this Bill:
A8558D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6358 - Bill Texts

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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); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the social services law, in relation to public assistance restrictions (Part F); amends the education law, in relation to educational programs in juvenile justice programs operated by the office of children and family services and amends chapter 57 of the laws of 2012 amending the education law relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making technical corrections thereto (Part G); amends the social services law, in relation to providing a rent cap for people living with HIV/AIDS in social services districts with at population over five million (Part H); relates to reducing state aid for administrative costs of certain fair hearings in local social services districts and providing for the repeal of such provisions upon expiration thereof (Part I); amends the social services law, in relation to clarifying the definitions of vocational educational training and educational activities (Part J); authorizes the New York state division of housing and community renewal to conduct a grandparent housing study and report its findings to the governor and the legislature; provides for the repeal of such provisions upon expiration thereof (Part K).

view 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.


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                    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

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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

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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

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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

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  (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.

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  (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-

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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

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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.

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  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.

S6358A - Bill Details

See Assembly Version of this Bill:
A8558D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6358A - Bill Texts

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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); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the social services law, in relation to public assistance restrictions (Part F); amends the education law, in relation to educational programs in juvenile justice programs operated by the office of children and family services and amends chapter 57 of the laws of 2012 amending the education law relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making technical corrections thereto (Part G); amends the social services law, in relation to providing a rent cap for people living with HIV/AIDS in social services districts with at population over five million (Part H); relates to reducing state aid for administrative costs of certain fair hearings in local social services districts and providing for the repeal of such provisions upon expiration thereof (Part I); amends the social services law, in relation to clarifying the definitions of vocational educational training and educational activities (Part J); authorizes the New York state division of housing and community renewal to conduct a grandparent housing study and report its findings to the governor and the legislature; provides for the repeal of such provisions upon expiration thereof (Part K).

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                    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:

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  (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

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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

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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

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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;

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  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

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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.

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  (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

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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,

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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;

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  (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;

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  (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;

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  (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;

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  (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

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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

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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;

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  (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;

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  (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;

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  (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.

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  (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.

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  (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.

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  (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--A                         90                         A. 8558--A

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--A                         91                         A. 8558--A

  (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--A                         92                         A. 8558--A

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--A                         93                         A. 8558--A

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--A                         94                         A. 8558--A

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

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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.

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  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

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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--A                         98                         A. 8558--A

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-

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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

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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

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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--A                         102                        A. 8558--A

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--A                         103                        A. 8558--A

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--A                         104                        A. 8558--A

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--A                         105                        A. 8558--A

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--A                         106                        A. 8558--A

  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,
20